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225. Relative incapacity-Disposition in favour of the Special Notary.— The testator shall
be incompetent to make a disposition in favour of the Special Notary who draws his will or
certifies his closed will or in favour of the person who writes the will for him or in favour of
the witnesses to, or interpreter of, the will or to the record of approval or certification of the
closed will.
226. Extent of nullity.— Only that part of the testamentary disposition which is hit by the
provisions which refer to the relative incapacity of the testator shall be null and void.
227. Restrictions on impairment of mandatory share.— Persons who are bound by law to
reserve the legitime may dispose of only the disposable portion.
228. Who may receive by will.— (1) Only living persons, including an embryo, may
acquire by will. The embryo is deemed to exist when born alive and with human figure
within 300 days from the death of the testator.
(2) However, the disposition is valid even when the future heir or legatee is born beyond
the period of 300 days from the date of the death of the testator, if the disposition is in
favour of the children yet to be born who are descendants in the first degree of certain or
specified persons alive at the time of the death of the testator.
229. Relevant time to determine capacity to acquire by will.— The relevant time to
determine the capacity to acquire by will is the time of the testator’s death. Where an heir
is instituted subject to condition, or where the legacy is left subject to conditions, the
relevant time to determine the capacity to acquire by will is not only the date of the
testator’s death but also the time of fulfillment of the condition.
230. Consequence of incompetence to acquire by legal succession.— A person who is
incompetent to acquire by legal succession as provided in section 9 is incompetent to
acquire by testamentary succession.
231. Consequences of refusal to act as executor or guardian or their removal.— The
executor who refuses to accept the office or who, having accepted the office, is removed
therefrom on account of mismanagement and so also the testamentary guardian who
refuses the office or is removed therefrom, forfeits the right to whatever is bequeathed to
him by the testator.
232. Capacity of corporate bodies.— Corporate bodies, associations, trusts, or other
legal entities may succeed by will as heirs or legatees.
233. Fictitious disposition.— (1) A will made in favour of an incompetent person by
ostensibly making it in favour of another person with an understanding that it will benefit the
incompetent person or through an intermediary shall be null and void.
(2) A testamentary disposition is deemed to have been made through a fictitious person
when it is made in favour of the spouse of the person who is incompetent to acquire by will
or to a person whose presumptive heir he is or when made in favour of a third party who