Priest who gives last rites can’t inherit from estate

Dear PAO,

My unmarried and child less uncle died in his hospital bed after along a priest already gave him his last rites as that he has passed away, we realized that he had assigned a substantial portion of his property to the diocese of the priest

The administrator of my uncle’ s estate is now questioning this substantial donation since it is allegedly prohibited and illegal to donate to the diocese of there any basis for this prohibition even if this was expressly willed by my uncle inhislastwill?

Dear Jose, law gives the testator, through his last will and testament, a general discretion to name who will inherit from his estate, the law still provides that there are certain individuals who cannot succeed from the testator based on the nature of

Article 1027 of the Civil Code of the Philippines enumerates the following who are incapable of succeeding from a testator:

“(1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period;

(2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; Xxx” (Emphasis supplied) Based on the cited provision, the nature of the relationship of the priest who gave spiritual ministration to the testator at the time of his last illness cannot succeed from the testator’s last will that was executed during and/or after the said the rationale of the law in imposing such abuse of moral or spiritual ascendancy for Ruin Civil Law Succession ,2006

Moreover, the law provides that it is from succeeding from the testator whom The church itself, along with the order, chapter, community and organization to which such priest or minister may belong, is also included in list of those As such, the diocese where the priest belongs to is included in the list of those who are prohibited from succeeding from the testator’s last will since it can be considered a part of the church commu

Because of the express provision of the law on those who cannot succeed from a testator, the administrator of your uncle is correct in claiming that the diocese of the priest who attended to your uncle in his illness before his death may not legally qualify to inherit from your uncle, notwithstanding the fact that it was included in your uncle’s

that this opinion is solely based on the facts you have narrated and our apprecia-tion

We hope that we were able to en Editor’ s note: Dear PA O is a daily col- Questions for Chief A costa maybe sent