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Article 1025

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.

Official text — RA 386

In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.

A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. (n)

Source: lawphil.net (RA 386 as amended)

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