Donation mortis causa

Dear PAO,

My mother died in 2018. After her death, we found out that she executed a typewritten private instrument donating to her friend one of her agricultural lots. The said instrument stated in part: "That, for and in consideration of the true and long friendship which the DONOR has for the DONEE, the said DONOR does by these presents transfer and convey, by way of DONATION, unto the DONEE the property above-described, to become effective upon the death of the DONOR; but in the event that the DONEE should die before the DONOR, the present donation shall be deemed rescinded and of no further force and effect." Since my mother died, I have been sending demand letters to the said person for the reconveyance of the said lot to me, being the lone heir, because I believe that the donation made by my mother has no force and effect, the typewritten private instrument not having been notarized. However, the said person refused to heed to my demand. Was the donation valid?

Kate

Dear Kate,

The donation is void. Article 728 of the New Civil Code provides that "donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession."