Skip to content
MiPRFácil
ESEN
Family

A charge attached to an inheritance is not a condition: you receive now and owe after

Last reviewed: September 12, 2026 — VerifiedPoder Judicial

In short

Some wills leave something and charge something: the house, with a duty to care for someone; the money, with a duty to devote it to a purpose. Article 1685 gives it a name and, above all, a category: in the modal institution the testator imposes on the instituted person some obligation, including that of devoting the transmitted good to a special purpose, and this disposition is not understood as a condition but as a modal obligation, except when the testator’s will turns out to be otherwise. That default rule is the whole practical difference. A condition would make you wait; a modal obligation does not. Article 1686 says so plainly: the right of the heir or legatee under a modal obligation is immediate, and transmits to their heirs, who must bond performance of the obligation and the return of what was received, with its fruits, should they breach. You receive now, and you owe, under bond. The testator may dispense with that bond, and may also dispense with the return of what was received with its fruits and interest: two separate pardons, not to be confused. Article 1687 deals with what happens when the charge goes wrong, and covers less than it seems. If the obligation cannot take effect in the terms the testator ordered, and there was no fault of the heir, it must be performed in other analogous terms conforming to their will. If the person interested in performance prevents it, without fault of the heir, the obligation is considered performed. And any person interested in the inheritance or the legacy may request performance; if it affects the public interest, the competent authority may request it. What none of the three paragraphs resolves is the plain case: the heir who simply does not perform. We state that gap; we do not fill it.

External link

Go to the official site

You'll leave MiPRFácilOpens in a new tab

bvirtualogp.pr.gov

What is it?

They are Articles 1685, 1686 and 1687 of the Civil Code of 2020: what a modal institution is, why it is not a condition, from when what was left to you is yours, under what bond, and who may demand you perform.

Who can do it?

Any heir or legatee on whom a will has imposed a charge, and any person interested in the inheritance or legacy who wants to demand performance.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: What a modal institution is

    Article 1685: the testator leaves you something and imposes some obligation, which may be devoting the good to a special purpose.

  2. Step 2: By default it is not a condition

    The same article: it is not understood as a condition but as a modal obligation, except when the testator’s will turns out otherwise.

  3. Step 3: That is why you do not wait

    Article 1686: the right is immediate. You receive now and owe afterwards.

  4. Step 4: And it transmits to your heirs

    The same article, with the burden attached: they must bond performance and the return with its fruits should they breach.

  5. Step 5: The testator may forgive two things

    The bond, and additionally the return of what was received with its fruits and interest. Two separate dispensations.

  6. Step 6: If it cannot be done as asked

    Article 1687: without your fault, it must be performed in other analogous terms conforming to their will.

  7. Step 7: If someone prevents you

    When the person interested in performance prevents it, without your fault, the obligation is considered performed.

  8. Step 8: Who may demand it of you

    Any person interested in the inheritance or the legacy. And if it affects the public interest, the competent authority, which the article does not name.

Where to do it

These articles describe no procedure before any agency. The Code does not say here who the “competent authority” is that may demand performance when the obligation affects the public interest, nor what makes someone an “interested person”, nor before which forum it is requested, nor within what deadline. And it does not resolve the plain case of the heir who simply does not perform: Article 1687 addresses impossibility and obstruction by others, not culpable refusal. None of those gaps is filled here.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If the will leaves you something “with the obligation to” do or devote something, the first thing is not to treat it as a condition. Article 1685 says that by default it is a modal obligation, and it stops being one only when the testator’s will turns out otherwise. The practical consequence is in Article 1686: your right is immediate. You do not have to perform first to receive later; you receive, and you owe, bonding performance and the return of what you received with its fruits should you breach. Check whether the testator dispensed you, because they may dispense with the bond and, separately, with having to return anything. If the charge became impossible in the terms they ordered and it was not your fault, Article 1687 does not free you: it orders you to perform in other analogous terms conforming to their will. If the very person interested in your performing is the one who prevented it, and you were not at fault, the obligation is considered performed. And if you are the one who wants someone else to perform, the same article gives you standing if you are a person interested in the inheritance or legacy. Three things the Code does not say and this guide does not invent: who the competent authority is when the charge affects the public interest, what makes someone an interested person, and what happens when the heir simply does not perform and is at fault. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Treating the charge as a condition: Article 1685 reads it as a modal obligation unless the testator’s will is otherwise.
  • Believing you must perform before receiving: Article 1686 makes the right immediate.
  • Thinking the charge dies with you: the same article transmits the right, and the burden, to your heirs.
  • Confusing the two dispensations: one is from the bond, the other from returning what was received with fruits and interest.
  • Considering yourself free when the charge becomes impossible: Article 1687 orders performance in analogous terms.
  • Applying that rule when you are at fault: the article requires no fault of the heir.
  • Believing only the beneficiary may demand performance: any interested person may request it.
  • Looking in the article for the competent authority’s name: it mentions it and does not give it.

Frequently asked questions

Is a will’s charge a condition?

Article 1685 says it is not understood as a condition but as a modal obligation, except when the testator’s will turns out otherwise.

Must I perform before receiving?

No. Article 1686 says the right of the heir or legatee under a modal obligation is immediate.

What if it cannot be done as the testator asked?

Article 1687 orders performance in other analogous terms conforming to their will, if there was no fault of the heir or legatee.

Who may demand performance?

Any person interested in the inheritance or the legacy; and if it affects the public interest, the competent authority, which the article does not name.

Official sources

These are the government pages this guide is based on.

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.

MiPRFácil does not submit applications on your behalf.

Was this guide helpful?

Did you find out-of-date information?

Did you find out-of-date information?

No account needed. We don't ask for personal data.