In short
A will may attach conditions to what it leaves. Article 1674 allows it in two forms: the disposition in favour of the heir or the legatee may be made under a suspensive condition — you receive nothing until something happens — or a resolutory one — you receive, and lose it if something happens. Article 1675 says where the rules come from: from this section and, suppletorily, from the rules for the modalities of the juridical act. That second reference points outside this Title and was not read for this guide, so it is named here and not described. What is most worth knowing is in Article 1676, and it runs against what almost everyone assumes: the absolutely impossible condition, and the one contrary to the laws or to good customs, is null and is considered not written. What falls is the condition, not the inheritance. If the will leaves you the house in exchange for something that cannot be done, or something the law forbids, the condition disappears and the house is still yours. Note the adverb: absolutely impossible, not merely difficult or expensive. The article defines neither what makes a condition absolutely impossible nor what good customs are, and neither is invented here. Article 1682 sets the suspensive condition’s time limit: it must be fulfilled during the life of the heir or legatee. Its own title calls this non-transmissibility, and that is exactly what it means: if the instituted person dies with the condition still pending, that right does not pass to their own heirs. Do not confuse this with the uncertain term of Article 1684, which says the opposite for terms and has its own guide on this site.
What is it?
They are Articles 1674, 1675, 1676 and 1682 of the Civil Code of 2020: what conditions a will may attach, what rules govern them, which are deleted for their content, and by when a suspensive condition may be fulfilled.
Who can do it?
Anyone drafting a will with conditions, and any heir or legatee on whom a will has imposed them.
Requirements
- The disposition in favour of the heir or the legatee may be made under a suspensive or resolutory condition.Verified against the official source
- Testamentary conditions are governed by this section and, suppletorily, by the rules for the modalities of the juridical act.Verified against the official source
- The absolutely impossible condition, and the one contrary to the laws or to good customs, is null and considered not written.Verified against the official source
- A condition imposed to suspend execution must be fulfilled during the life of the heir or legatee.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Check which kind it is
Article 1674: suspensive, which delays what you receive, or resolutory, which takes it away if something happens.
Step 2: And that it covers both
The same article speaks of the heir or the legatee. It is not a rule for heirs only.
Step 3: Check whether it is impossible or illegal
Article 1676: the absolutely impossible one, and the one contrary to the laws or good customs, is null.
Step 4: If it is, it falls and the inheritance does not
The article considers it not written. It deletes the clause and leaves the designation standing.
Step 5: Mind the adverb
It says absolutely impossible. Difficult, expensive or inconvenient is not the same, and the article does not say where the line is.
Step 6: If it is suspensive, count the time
Article 1682: it must be fulfilled during the life of the heir or legatee.
Step 7: And it does not pass to your heirs
The article’s own title calls it non-transmissibility. If you die with the condition pending, the right does not continue.
Step 8: Do not confuse it with a term
Article 1684 says the opposite for an uncertain term: that one does allow acquiring and transmitting before it arrives.
Where to do it
These articles describe no procedure before any agency: they say how a clause of a will is read. The Code does not say here who declares a condition impossible or illegal, before which forum it is raised, with what pleading or within what deadline. Nor does it describe the suppletory rules Article 1675 invokes, which live in another Book not read for this guide.
How long it takes
What to do if something goes wrong
If the will leaves you something in exchange for a condition you cannot meet, read Article 1676 before giving anything up for lost: if the condition is absolutely impossible, or goes against the laws or good customs, it is null and considered not written. It is deleted, and you keep what was left to you. That said, the article says absolutely impossible, and does not say where difficult ends and impossible begins; nor does it define good customs. The Code draws neither of those lines, and this guide does not draw them for it. If the condition is suspensive — it leaves you something but only when such-and-such happens — count Article 1682’s clock: it must be fulfilled in your lifetime. If you die first with the condition pending, that right does not pass to your heirs, and the article’s own title says so in those words. It works differently when what there is is a term rather than a condition: see the guide on the heir under a term, because Article 1684 allows exactly the opposite. And if what you want are the general rules on conditions outside inheritance, Article 1675 refers to the modalities of the juridical act, which we did not read here. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing an impossible condition knocks down the inheritance: Article 1676 knocks down the condition and leaves the designation.
- Believing an illegal condition knocks down the inheritance: the same article considers it not written.
- Reading “impossible” without the adverb: the article says absolutely impossible.
- Taking good customs as defined: the article uses the phrase and does not explain it.
- Thinking conditions are attached only to the heir: Article 1674 names the legatee too.
- Confusing suspensive with resolutory: one delays what you receive, the other takes it away if something happens.
- Assuming a pending suspensive condition passes to your heirs: Article 1682 says it does not.
- Applying Article 1682’s rule to a term: an uncertain term is governed by Article 1684 and allows the opposite.
Frequently asked questions
May a will attach a condition to my inheriting?
Article 1674 allows it, under a suspensive or resolutory condition, for both the heir and the legatee.
What if the condition is impossible to meet?
Article 1676 says an absolutely impossible condition is null and considered not written. The condition falls, not the inheritance.
And if the condition is illegal?
The same article treats it the same: one contrary to the laws or to good customs is null and considered not written.
They died before meeting the condition. Do their children inherit that right?
Article 1682 requires the suspensive condition to be fulfilled during the life of the heir or legatee, and its title calls this non-transmissibility.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 12, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
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Was this guide helpful?
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If you have forced heirs, you may freely dispose of only half your goods
Article 1623 of the Civil Code of 2020 says so. And 1622 names the forced heirs: descendants, surviving spouse and, failing these, ascendants.
Conditions placed on your forced share are held as not placed
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If the bound party blocks the condition, the Code treats it as fulfilled
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