Capacity to make wills

Article 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution.

Article 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity.

Article 796. All persons who are not expressly prohibited by law may make a will.

Article 797. Persons of either sex under eighteen years of age cannot make a will.

Article 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution. (Civil Code of the Philippines)

At the time of execution of the will, the testator must be of sound mind. His capacity to make wills must be present at the time of execution. Even if he subsequently incurs incapacity, the testator's will cannot be rendered invalid. The reverse is also true; an invalid will due to incapacity at the time of execution cannot become valid because the testator subsequently acquires capacity.

Basically, the testator must be of age and of sound mind, unless there are other provisions of law prohibiting him.

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