Article 774.

 Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent
of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or
by operation of law. (Article 390, Article 391, Article 777)

Article 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished
by his death.

Article 777. The rights to the succession are transmitted from the moment of the death of the decedent.

Article 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a
certain degree the disposition of this estate, to take effect after his death. 

Characteristics of a will:
1. It is strictly personal act.
2. It is unilateral and individual act.
3. It is a free and voluntary act.
4. It is a formal and solemn act.
5. It is a disposition of property.
6. It is an act mortis causa.
7. It is ambulatory and revocable.

EMNACE vs. CA

Can a Miguel entrust to a third person the designation and portion of the heirs?
NO. Article 785

Article 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the
portions which they are to take, when referred to by name, cannot be left to the discretion of a third person.

Article 784. The making of a will is a strictly personal act; it cannot be left in whole or in part to the discretion of a
third person, or accomplished through the instrumentality of an agent or attorney. 

Article 793. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at
the time of making the will, should it expressly appear by the will that such was his intention.

ALUAD VS. ALUAD

Testamentary Capacity and Intent

Rules in interpretation of Will

What is the Parole Evidence Rule with respect to the interpretation of wills? Article 789

Article 789. When there is an imperfect description, or when no person or property exactly answers the description,
mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence,
excluding the oral declarations of the testator as to his intention; and when an uncertainty arises upon the face of the
will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will,
taking into consideration the circumstances under which it was made, excluding such oral declarations.

Article 790. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to
use them in another sense can be gathered, and that other can be ascertained.

Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary
intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was
unacquainted with such technical sense. (675a)

Article 791. The words of a will are to receive an interpretation which will give to every expression some effect, rather
than one which will render any of the expressions inoperative; and of two modes of interpreting a will, that is to be
preferred which will prevent intestacy.

Testamentary cacacity - refers to the ability as well as the power to make a will. Testamentary capacity is the ability
of the testator. Testamentary power involves a privilege under the law.

Article 796. All persons who are not expressly prohibited by law may make a will. 

Qualifications/ Requisites in order that a person can make a will

1. That the testator must be atleast 18 years of age
2. That he must be of sound mind

PEOPLE vs UMALI

What is meant by a sound mind

Article 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning
faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.
Article 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary.

The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person
who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known
to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid
interval. 

LOPEZ vs LOPEZ

Counting of Period

Article 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

Presumption of Death

Article 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be
presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten
years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that
his succession may be opened. (n)

Article 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who
has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has
not been known for four years.