Effect if will provides for indivision of property among heirs; contrary to public policy
The will of XXX states that a house and a parcel of land in the City of Manila shall be transferred under the names of AAA and BBB, his children, for purposes of administration only but no one of them shall be the sole owner of the same. Is the condition in the will valid? Why?
No, it is contrary to law and public policy. When a will provides for indivision of a property, it is subject to statutory limitation as the law provides that the prohibition to divide a property in a co-ownership can only last for twenty (20) years. (Arts. 494, 870 and 1083). While the Civil Code is silent as to the effect of the indivision of a property for more than 20 years, it would be contrary to public policy to sanction co-ownership beyond the period expressly mandated by the Civil Code. (G.R. No. 179859).
No, it is contrary to law and public policy. When a will provides for indivision of a property, it is subject to statutory limitation as the law provides that the prohibition to divide a property in a co-ownership can only last for twenty (20) years. (Arts. 494, 870 and 1083). While the Civil Code is silent as to the effect of the indivision of a property for more than 20 years, it would be contrary to public policy to sanction co-ownership beyond the period expressly mandated by the Civil Code. (G.R. No. 179859).