reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2186 - Formalities to be without interruption; certificate of notary

All the formalities mentioned in this subchapter, shall take place in a single act, and no interruption shall be allowed, except such a one as may be caused by a momentary incident.
The notary shall certify, at the end of the will, that all said formalities have been complied with and that he is acquainted with the testator or with the witnesses of identification in a proper case.
History —Civil Code, 1930, § 649.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2187 - Testator in imminent danger of death

If the testator is in imminent danger of death, the will may be executed before five competent witnesses without the necessity of a notary.
History —Civil Code, 1930, § 650.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2188 - Execution in case of epidemic

In case of an epidemic, the will may also be executed without the intervention of a notary, before three witnesses over sixteen years of age, male or female.
History —Civil Code, 1930, § 651.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2189 - When written will not indispensable

In the cases of the two foregoing sections, the will shall be written, when possible; otherwise the will shall be valid, even though the witnesses do not know how to write.
History —Civil Code, 1930, § 652.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2190 - When will becomes void

The will, executed in accordance with the provisions of the three preceding sections, shall be void if two months should have elapsed from the time the testator was out of danger of death or the epidemic ceased.
When the testator dies within said period, the will shall also be void, if within three months after his death application is not made to the court of competent jurisdiction in order that the will may be reduced to a public instrument, whether it was executed in writing or verbally.
History —Civil Code, 1930, § 653.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2191 - Wills executed without authentication of notary

Wills executed without the authentication of a notary shall be void if they are not afterwards reduced to a public instrument and placed in the protocol in the manner prescribed by the law of civil procedure.
History —Civil Code, 1930, § 654.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter V - Open Wills (§§ 2181 — 2192) › § 2192 - Liability of notary

When an open will is declared void by reason of noncompliance with the formalities established for each case, the notary who may have authenticated it shall be liable for the losses and damages incurred if the fault arises from his bad faith or from inexcusable negligence or ignorance.
History —Civil Code, 1930, § 655.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2201 - Writing of closed will

A closed will may be written by the testator or by any other person, at his request, on common paper, giving the place, day, month and year of its execution.
If the testator writes it in person, he shall rubricate all the sheets and affix his signature at the end, after mentioning all the words corrected, erased, or interlined.
Should another person write it, at his request, the testator shall put his full signature on all the sheets and at the foot of the will.
If the testator does not know how or cannot sign, another person shall do so for him and rubricate every sheet, at his request, stating the cause of the testator’s inability.
History —Civil Code, 1930, § 656.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2202 - Formalities of execution

In the execution of a closed will, the following formalities shall be observed:
(1) The paper on which the will is drafted shall be placed in a closed and sealed envelope in such a manner that the former cannot be extracted without breaking the seal.
(2) The testator shall appear with the will closed and sealed, or shall close and seal it at the time in the presence of the notary who is to authenticate it and of five competent witnesses, of whom three, at least, must be able to sign.
(3) The testator shall declare, in the presence of the notary and of the witnesses, that the envelope he presents contains his will, stating if it is written, signed, and rubricated by him at the foot, or if written by another, and signed by him at the end and on all of its leaves, or if, because he does not know how or cannot sign, another person has done it for him, at his request.
(4) On the wrapper of the will, the notary shall draft the proper memorandum of its execution, specifying the number and marks of the seals with which it is closed, and certifying that the said formalities have been observed, to his acquaintance with the testator or to the identification of his person, in the manner prescribed in §§ 2150 and 2151 of this title, and to the testator having, in his judgment, the necessary legal capacity to execute a will.
(5) After the memorandum has been drafted and read it shall be signed by the testator and by the witnesses who know how to sign, and the notary shall authenticate it with his mark and signature.
If the testator does not know how or cannot sign, one of the attesting witnesses or any other person designated by the former shall do so in his name.
(6) This circumstance shall also be stated in the memorandum, as well as the place, hour, day, month, and year of the execution.
History —Civil Code, 1930, § 657.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2203 - Blind persons and those unable to read

Blind persons and those who do not know how or cannot read cannot execute a closed will.
History —Civil Code, 1930, § 658.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2204 - Execution by deaf and dumb

The deaf and dumb and those who cannot speak, but who are able to write, may execute a closed will, the following being observed:
(1) The will must be written entirely and signed by the testator, stating the place, day, month, and year.
(2) On presenting it, the testator shall write on the outside of the envelope, in the presence of the notary and of five witnesses, that said envelope contains his will and that it is written and signed by him.
(3) Immediately after what is written by the testator, the memorandum of execution shall be drafted, the notary certifying that the provisions of the foregoing number have been observed, as well as the provisions of § 2202 of this title, insofar as may be applicable to the case.
History —Civil Code, 1930, § 659.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2205 - Delivery to testator

After the closed will has been authenticated, the notary shall deliver it to the testator, after placing in his protocol a certified copy of the memorandum of execution.
History —Civil Code, 1930, § 660.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2206 - Disposition of will

The testator may keep the closed will in his possession or entrust it to the custody of a person in whom he has confidence, or deposit it in the hands of the authenticating notary for safe-keeping in his archives.
In the last case, the notary shall give a receipt to the testator, and shall enter in his protocol, in the margin or immediately after the copy of the memorandum of execution, that the will remains in his possession. Should the testator subsequently withdraw it, he shall sign a receipt immediately after said entry.
History —Civil Code, 1930, § 661.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2207 - Presentation to court after death of testator

The notary or a person having in his possession a closed will shall present it to the part of the Court of First Instance of competent jurisdiction as soon as he learns of the death of the testator.
Should he not do so within ten days, he shall be liable for the losses and damages caused by his negligence.
History —Civil Code, 1930, § 662;.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2208 - Liability for failure to present will

A person who, with malice, does not present the closed will, which may be in his possession, within the period fixed in the second paragraph of the foregoing section, shall, besides incurring the liability mentioned therein, lose all right to the inheritance, if entitled to it by reason of being an heir ab intestato or as a testamentary heir or legatee.
The same penalty shall be incurred by those who maliciously abstract the closed will from the residence of the testator or of the person who has it in custody or on deposit, and by those concealing, tearing, or rendering it useless in any other manner whatsoever, without prejudice to the proper criminal liability.
History —Civil Code, 1930, § 663.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2209 - Opening and protocolization of will

For the opening and placing in a protocol of a closed will the provisions of the law of civil procedure shall be observed.
History —Civil Code, 1930, § 664.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VI - Closed Wills (§§ 2201 — 2210) › § 2210 - Nullity for failure to observe formalities; liability of notary

A closed will, in the execution of which the formalities prescribed in this subchapter have not been observed, shall be void, and the notary who authenticates it shall be liable for the losses and damages which may arise, if it is proven that the fault arose from malice, negligence, or inexcusable ignorance on his part. It shall be valid, however, as a holographic will, if it is written in full and signed by the testator and has furthermore the other conditions required for such wills.
History —Civil Code, 1930, § 665.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VII - Will Made Outside Puerto Rico (§§ 2221 — 2222) › § 2221 - Law governing

Citizens of Puerto Rico may make wills abroad, according to the forms established by the laws of the country in which they are sojourning.
They may also make wills on the high seas, while on passage in a ship of the United States or foreign country, in accordance with the laws of the State or Nation to which the ship belongs.
They may also execute holographic wills, under § 2161 of this title, even in countries the laws of which do not recognize that form of will.
History —Civil Code, 1930, § 666.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VII - Will Made Outside Puerto Rico (§§ 2221 — 2222) › § 2222 - Mutual wills

A mutual will prohibited by § 2123 of this title which the citizens of Puerto Rico execute in the United States or in a foreign country, shall not be valid in Puerto Rico, even though the laws of the State or of the Nation where it had been executed authorize it.
History —Civil Code, 1930, § 667.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2231 - Revocation of wills

All testamentary provisions are essentially revocable, even though the testator should state in the will his wish or resolution not to revoke them.
All clauses annulling future provisions shall be considered as not existing, as well as those in which the testator may order that the revocation of the will should not be valid unless made with certain works or marks.
History —Civil Code, 1930, § 668.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2232 - Formalities for revocation

A will cannot be revoked, either wholly or in part, except with the formalities required for making it.
History —Civil Code, 1930, § 669.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2233 - Revocation by law by subsequent will

A prior will is revoked by law by a subsequent and perfect will if the testator does not state in the latter his wish of leaving the former in force, in whole or in part.
Nevertheless, a prior will recovers its force if the testator afterwards revokes the subsequent one and expressly declares his wish that the former be valid.
History —Civil Code, 1930, § 670.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2234 - Revocation by law by subsequent will—Invalidity of second will

The revocation shall be effective, even though the second will becomes void by reason of the incapacity of the heir or of the legatees designated therein, or by the renunciation of the former or of the latter.
History —Civil Code, 1930, § 671.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2235 - Acknowledgment of a child in a revoked will

The acknowledgment of a child does not lose its legal force even though the will in which it was made is revoked.
History —Civil Code, 1930, § 672; July 19, 1998, No. 150, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2236 - When revocation presumed

A closed will found in the domicile of the testator with the cover torn, or the seals broken, or the signatures authenticating it effaced, erased, or corrected is presumed to be revoked.
This will, however, shall be valid should it be proven that this damage occurred without the wish or knowledge of the testator, or should the latter be insane; but, if the cover is found torn and the seals broken, it shall be necessary furthermore to prove the authenticity of the will in order that it may be valid.
If the will is found in the possession of another person, it shall be understood that the damage was caused by such person, and it shall not be valid unless its authenticity is proven if the cover is torn or the seals broken; and if both are intact, but with the signatures effaced, erased, or corrected, the will shall be valid unless it be proven that the instrument was delivered in this condition by the testator himself.
History —Civil Code, 1930, § 673.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 217 - Wills (§§ 2111 — 2237) › Subchapter VIII - Revocation and Inefficacy of Wills (§§ 2231 — 2237) › § 2237 - Wills void or without effect only in accordance with this title

Wills shall become void or testamentary provisions without effect, in whole or in part, only in the cases expressly prescribed in this title.
History —Civil Code, 1930, § 674.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2251 - Who can succeed

All persons not disqualified by law may succeed by will or in the absence thereof.
History —Civil Code, 1930, § 675.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2252 - Disqualified persons

The following are disqualified to succeed:
(1) Abortive infants, by such being understood those who are not included among those described in §§ 81-83 of this title.
(2) Associations or corporations not permitted by law.
History —Civil Code, 1930, § 676.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2253 - Public institution

A designation made in favor of a public institution under a condition or imposing a charge thereon shall be valid only if approved by the Governor of Puerto Rico.
History —Civil Code, 1930, § 677.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2254 - Bequests in favor of the poor

Bequests made in favor of the poor in general without designating the persons or the town shall be construed as limited to those of the residence of the testator at the time of his death, if it does not clearly appear that his intention has been otherwise.
The classification of the poor and the distribution of the property shall be made by the person whom the testator has appointed, in default thereof by the executors, and if the testator does not have them, by the mayor and the District Judge of the residence of the testator.
The same thing shall be done when the testator has disposed of his property in favor of the poor of a specified place.
History —Civil Code, 1930, § 678;.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2255 - Unidentified persons

Every provision in favor of an unidentified person shall be void unless in some way the person may become identified.
History —Civil Code, 1930, § 679.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2256 - Relatives of testator

A provision made generically in favor of the relatives of the testator is understood as made in favor of those nearest in degree.
History —Civil Code, 1930, § 680.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2257 - Bequests made during last illness

Those bequests shall not be given effect which the testator makes during his last illness in favor of the priest or minister who has confessed him in it, or has furnished him spiritual attendance, of the blood relatives of the same within the fourth degree, or of his church, chapter, community or institution.
History —Civil Code, 1930, § 681.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2258 - Bequest of ward in favor of guardian

Neither shall the testamentary provisions of the ward in favor of his guardian, made before the final accounts of the latter have been approved, be valid, even though the testator should die after their approval.
However, the provisions made by the ward in favor of the guardian when the latter is his or her ascendant, descendant, brother, sister, or spouse shall be valid.
History —Civil Code, 1930, § 682.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2259 - Bequest in favor of notary or witness

The testator cannot dispose of the whole or a part of his estate in favor of the notary who authenticates his will, or of the wife, relatives, or connections of the latter within the fourth degree of consanguinity or affinity, with the exception mentioned in § 2147 of this title.
This prohibition is applicable to the witness to an open will executed with or without a notary.
The provisions of this section are also applicable to the witnesses and persons before whom special wills are executed.
History —Civil Code, 1930, § 683.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2260 - Bequest in favor of incapacitated person

A testamentary provision in favor of an incapacitated person, though concealed under the form of a contract involving a valuable consideration or made in the name of a third person, shall be void.
History —Civil Code, 1930, § 684.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2261 - Disqualification by reason of unworthiness

The following are disqualified to succeed by reason of unworthiness:
(1) Parents who have abandoned their children or prostituted their daughters or made attempts against their chastity.
(2) He who has been sentenced in a trial for having made attempts against the life of the testator, his spouse, descendants or ascendants.
(3) He who has accused the testator of a crime for which the law imposes an exemplary punishment, when the accusation is declared libelous.
(4) The heir of age who, knowing of the violent death of the testator, has not denounced it to the courts within one month, unless the latter had already acted ex officio.
(5) A person sentenced at a trial for adultery with the wife of the testator.
(6) He who, by threats, fraud, or violence, forces the testator to make a will or to change it.
(7) He who, without a lawful reason, fails to comply with an administrative or court order compelling him/her to support an ascendant or decedent.
(8) He who physically abuses an ascendant or decedent.
(9) He who abandons an ascendant without just cause.
History —Civil Code, 1930, § 685; Feb. 13, 1998, No. 42, § 1; July 19, 1998, No. 151, § 1; Aug. 17, 2011, No. 188, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2262 - Knowledge or condonation of unworthiness by testator

The reasons for unworthiness shall produce no effect if the testator had knowledge thereof at the time of making the will, or if, having been informed of them subsequently, has condoned the same in a public instrument.
History —Civil Code, 1930, § 686.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2263 - Time considered in determining qualifications

In order to determine the qualification of the heir or legatee, the time of the death of the person whose succession is in question shall be taken into consideration.
In cases numbered (2), (3), and (5) of § 2261 of this title, it shall be necessary to wait until the final judgment is rendered, and in number (4), until the month fixed for the complaint has elapsed.
If the institution or legacy should be conditional, the time for the fulfillment of the condition shall, furthermore, be taken into consideration.
History —Civil Code, 1930, § 687.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2264 - Death in case of conditional legacy

The heir or legatee who should die before the condition is fulfilled, even though he survives the testator, transmits no rights whatsoever to his heirs.
History —Civil Code, 1930, § 688.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2265 - Return of hereditary property improperly taken

Any person disqualified to succeed, who, in contravention of the prohibition of the preceding sections, has entered into possession of the hereditary property shall be obliged to return it together with its increases and with all the fruits and rents he may have collected.
History —Civil Code, 1930, § 689.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2266 - Inheritance by descendants of disqualified person

If the person, excluded from the inheritance by reason of incapacity, should be a child or descendant of the testator and should have children or descendants, the latter shall acquire his rights to the legal portion.
A person excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.
History —Civil Code, 1930, § 690.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter I - Capacity to Succeed by Will or in Absence Thereof (§§ 2251 — 2267) › § 2267 - Prescription of action for declaration of incapacity

No action can be instituted for a declaration of incapacity after five years have elapsed from the time the incapacitated person took possession of the inheritance or legacy.
History —Civil Code, 1930, § 691.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2281 - Disposition of property where there are no heirs; heirs by force of law

A person who has no heirs by force of law, may dispose by will of all his property or part of it in favor of any person qualified to acquire it.
A person, who having heirs by force of law, may dispose of his property only in the manner and with the limitations established in subchapter V of this chapter.
History —Civil Code, 1930, § 692.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2282 - When will valid

A will shall be valid, even though it does not contain the designation of an heir, or if the latter does not include all of the property, and even though the person designated does not accept the inheritance or is disqualified to inherit.
In such cases, the testamentary provisions, made in accordance with the laws, shall be complied with, and the remainder of the estate shall go to the legal heirs.
History —Civil Code, 1930, § 693.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2283 - Shares when not designated

The heirs designated, without a designation of shares, shall inherit share and share alike.
History —Civil Code, 1930, § 694.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2284 - Transmission of rights

A voluntary heir, who should die before the testator, the person disqualified to inherit, and the person who renounces the inheritance, do not transmit any rights to their heirs, saving that provided in § 2266 of this title.
History —Civil Code, 1930, § 695.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2285 - Statement of false or illegal reason for designation

The statement of a false reason for the designation of an heir or for the appointment of a legatee shall be considered as not written, unless it appears from the will that the testator would not have made such designation or legacy, had he had knowledge of the falsity of such reason.
The statement of a reason contrary to law, even though true, shall also be considered as not written.
History —Civil Code, 1930, § 696.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2286 - When heir considered legatee

An heir to whom a certain and specified thing is left shall be considered a legatee.
History —Civil Code, 1930, § 697.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2287 - Individual and collective designations

When the testator appoints some heirs individually and others collectively, as when he says, “I designate as my heirs N. and N., and the children of N.”, those collectively appointed shall be considered as individually appointed, unless it appears in a clear manner that the will of the testator was otherwise.
History —Civil Code, 1930, § 698.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2288 - Designation of brothers or sisters

If the testator should designate his brothers or sisters, and he has some of full blood and others on the side of the father or mother only, the inheritance shall be divided as in cases of intestacy.
History —Civil Code, 1930, § 699.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2289 - Designation of person and his children

When the testator appoints to the succession a person and his children, they shall all be understood as designated simultaneously and not successively.
History —Civil Code, 1930, § 700.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2290 - How heirs designated

The testator shall designate the heir by his name and surname, and when there are two having the same names, he must state some circumstance by which the one designated may be identified.
Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to what person has been designated, the designation shall be valid.
History —Civil Code, 1930, § 701.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter II - Designation of Heirship (§§ 2281 — 2291) › § 2291 - Errors in name or qualities; impossibility of identification

An error in the name, surname, or qualities of the heir shall not vitiate the designation when it may be possible, in any other manner, to know with certainty who is the person appointed.
If among persons of the same name and surname there is equality of circumstances, and the latter are such as not to permit the identification of the person who is designated, none of them shall be an heir.
History —Civil Code, 1930, § 702.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2301 - Simple substitution

The testator may substitute one or more persons in the place of the heir or heirs designated in case they die before him or do not wish or cannot accept the inheritance.
Simple substitution, without expressing cases, includes the three mentioned in the foregoing paragraph unless the testator has ordered otherwise.
History —Civil Code, 1930, § 703.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2302 - Substitutes for descendants—Under 14

Parents and other ascendants may appoint substitutes for their descendants under 14 years of age, of both sexes, in case they should die before said age.
History —Civil Code, 1930, § 704.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2303 - Substitutes for descendants—Over 14, of unsound mind

The ascendant may appoint a substitute for the descendant over 14 years of age who, in accordance to law, has been declared disqualified on account of being of unsound mind.
The substitution referred to in the foregoing paragraph shall be without effect by the will of the incapacitated person made during a lucid interval or after having recovered his reason.
History —Civil Code, 1930, § 705.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2304 - Substitutes for descendants—Heirs of substitute

The substitutions referred to in the two foregoing sections, when the substitute has heirs by force of law, shall only be valid insofar as they do not prejudice the legitimate rights of the latter.
History —Civil Code, 1930, § 706.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2305 - Substitute of several persons for one, and vice versa

Two or more persons may be substituted for a single one, or a single person for two or more heirs.
History —Civil Code, 1930, § 707.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2306 - Substitution of heirs in unequal portions

If the heirs designated in unequal portions should be substituted for each other, they shall have in the substitution the same portions as in the designation, unless it clearly appears that the will of the testator was otherwise.
History —Civil Code, 1930, § 708.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2307 - Obligations of substitute

The substitute shall be subject to the same charges and conditions as imposed upon the person designated, unless the testator has expressly disposed to the contrary, or when the charges or conditions are merely personal with regard to the heir designated.
History —Civil Code, 1930, § 709.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2308 - Substitutions in trust

Substitutions in trust, by virtue of which the heir is entrusted with preserving and transmitting to a third person the whole or part of the inheritance, shall be valid and effective, provided they do not go beyond the second degree, or that they are made in favor of persons living at the time of the death of the testator.
History —Civil Code, 1930, § 710.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2309 - Substitutions in trust—Effect on legal portion

Substitutions in trust can never impair the legal portion. Should they fall upon the third destined to the advantage or extra portion, they can be made in favor of the descendants only.
History —Civil Code, 1930, § 711.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2310 - Substitutions in trust—Express appointments required; duty of fiduciary

In order that appointments to substitutions in trust may be valid they must be expressly made.
A fiduciary is bound to deliver the inheritance to the cestui que trust without any other deductions than those arising from legitimate expenses, credits, and improvements, except in case the testator has disposed otherwise.
History —Civil Code, 1930, § 712.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2311 - Substitutions in trust—Right of cestui que trust

The cestui que trust shall acquire the right to the succession from the time of the death of the testator, even though he dies before the fiduciary. The right of the former shall pass to his heirs.
History —Civil Code, 1930, § 713.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2312 - Disposition without effect

The following shall produce no effect:
(1) Substitutions in trust not made in an express manner, either by giving them this name or by imposing upon the substitute the absolute obligation of delivering the property to a second heir.
(2) Provisions containing perpetual prohibitions to alienate, and even a temporary one, not within the limits fixed in section 2308 of this title.
(3) Those imposing upon the heir the charge of paying a certain income or pension to several persons successively beyond the second degree.
(4) Those, the object of which is to leave to a person the whole or part of the inheritance in order that he may apply or invest it, according to secret instructions given him by the testator.
History —Civil Code, 1930, § 714.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2313 - Nullity of substitution in trust

The nullity of a substitution in trust shall not prejudice the validity of the designation nor the heirs first designated; the cestui que trust clause shall simply be considered as not written.
History —Civil Code, 1930, § 715.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2314 - Provision leaving property to one person and usufruct to another

The provision by which the testator leaves the whole or a part of the inheritance to a person and the usufruct to another shall be valid. If several persons are designated to enjoy the usufruct, not simultaneously, but successively, the provisions of § 2308 of this title shall be observed.
History —Civil Code, 1930, § 716.