Succession and Testament – Who can make a testament?
Art. 1470. Persons capable of giving or receiving. All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law.
Art. 1476. Minors; incapacity to make donations, exceptions. A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or morris causa, except in favor of his spouse or children. A minor who has attained the age of sixteen years has capacity to make a donation, but only morris causa. He may make a donation inter vivas in favor of his spouse or children.
Art. 1477. Capacity to donate, mental condition of donor. To have capacity to make a donation inter vivos or morris causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making.
