Testate Estate of the late Bernabe Rodriguez, G.R. No. 1627-R, July 1, 1948.

20JUL

FACTS

Petitioner Araniego, widow of the deceased, filed a petition for probate of the latter’s will before the
Court of First Instance of Bulacan. Respondents opposed the petition. They contended that since the
deceased named Araniego as his universal heir and the latter having likewise named the deceased as her
universal heir, making them reciprocal beneficiaries of each other, both testators violated the prohibition
on joint wills under the Civil Code, and the probate must be denied.

ISSUE

Whether the wills executed by testators reciprocally making the other as beneficiary is a joint will
prohibited by law.

RULING

NO. Article 669 of the old Civil Code (Art. 818 of the new Civil Code) prohibits the making of a will jointly
by two or more persons either for their reciprocal benefit or for the benefit of a third person. In other
words, it is making such will conjointly or in the same document that is prohibited. Here, the two
testators, who were husband and wife, instructed the other as universal heir in their respective wills, said
wills are not conjoint because they are made in different instruments. Hence, there is no joint will to speak
of and the prohibition in the Civil Code is inapplicable