CHARACTERISTICS OF SUCCESSION:

1.
2.
3.
4.
5.

Mode of acquisition
The property, rights & obligations to the extent of the value of the inheritance transmitted
The transmission takes place only by virtue of death
The transmission takes place either by will or by operation of law
The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated,

time of vesting of the successional right):
1. Death of the decedent
2. Express will of the testator calling succession and/or provision of law prescribing
successors
3. Rights or properties are transmissible
4. Transferee is still alive (didnt predecease)
5. Transferee is capacitated to inherit
6. Acceptance of the inheritance by the successor
KINDS OF SUCCESSION:
1. Testamentary succession by will
2. Intestate succession in default of a will
3. Mixed
Treatment of accruals under the laws of succession:
1. a. Article 793 refers to accruals after the making of the will
b. Article 781 refers to accruals after the death of the testator
2. a. Article 793 accruals dont always pertain to the testate heirs
b. Article 781 accruals will always pertain to the testate heirs

Will an act whereby a person is permitted, with the formalities prescribed by law, to control, to
a certain degree the disposition of his estate, to take effect after his death.

Validity of wills
EXTRINSIC

FOR FILIPINOS

FOR FOREIGNERS

1. Governing law as to time

Article 795 law in force

when will was executed

Same rule (assumption: will

is being probated here)

2. Governing law as to place

Law of citizenship

Law of citizenship

Law of domicile

Law of domicile

Law of residence

Law of residence

Law of place of execution

Law of place of execution

Philippine law

Philippine law

INTRINSIC

FOR FILIPINOS

FOR FOREIGNERS

1. Governing law as to time

Article 2263 law at time

of death

Article 16, Article 1039

depends on personal law

2. Governing law as to place

Article 16, Article 1039

Philippine law

Article 16, Article 1039

national law

Testamentary Capacity
1. All persons not expressly prohibited by law
2. 18 years old and above
3. Sound mind
2 Kinds of Wills:
1. Notarial will Articles 804-806, & 807-808 in special cases
2. Holographic Articles 804 & 810

Common requirements that apply to the 2 kinds of wills

1. In writing
2.

In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:

1. In writing
2. Executed in a language or dialect known to the testator
3. Subscribed by the testator himself or by the testators name written by some other
person in his presence & under his express direction at the end thereof, at the presence
of witnesses
4. Attested & subscribed by at least 3 credible witnesses in the presence of the testator
and of one another