Spousal Inheritance Stipulation as Prohibited Donation of Entire Estate

A suit arose concerning the validity of an inheritance stipulation made in a marriage contract, where the surviving spouse was designated to inherit all property upon the death of the first spouse, and the court was asked to determine if such a reciprocal donation between spouses, effective immediately and irrevocable, was permissible under the relevant civil code provisions regarding inter vivos donations. The highest court rejected the appeal, affirming that such a stipulation, being a donation inter vivos between spouses which is irrevocable and grants the survivor immediate ownership of the entire estate, contravenes the prohibition against disposing of all one's property by donation, even if done reciprocally, as it effectively depletes the donor's entire estate, which is against public order.