MICIANO vs. BRIMO

MICIANO vs. BRIMO

50 PHIL 867

FACTS: 

A will of an American testator provided that his estate should be disposed of in accordance with the Philippine law.  The testator further provided that whoever would oppose his wishes that his estate should be distributed in accordance with Philippine laws would forfeit their inheritance

ISSUE:

            Will there be forfeiture?

HELD: 

Even if the testator’s wishes must be given paramount importance, if the wishes of the testator contravene a specific provision of law, then that provision in a will should not be given effect.  A person’s will is merely an instrument which is PERMITTED, so his right is not absolute. It should be subject to the provisions of the Philippine laws.

            The estate of a decedent shall be distributed in accordance with his national law.  He cannot provide otherwise.

            The SC held that those who opposed would not forfeit their inheritance because that provision is not legal.