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Succession Memory Aid PDF
Succession Memory Aid PDF
SUCCESSION
SUCCESSION NOTE: The distinctions between
A mode of acquisition by virtue heirs and devisees/legatees are
of which the property, rights and significant in these cases:
obligations to the extent of the 1. Preterition (pretermission)
value of the inheritance, of a 2. Imperfect disinheritance
person are transmitted through 3. After-acquired properties
his death to another or others 4. Acceptance or non-
either by his will or by operation repudiation of the
of law. (Art. 774) successional rights.
Exception: where the testator has by him to write his name and the
used intoxicating liquor or drugs instrumental witnesses of the will on
excessively to such an extent as to each and every page thereof, except
impair his mind, so that at the time the last, on the left margin;
the will is executed, he does not
know the extent and value of his Exceptions to the rule that all of the
property, or the names of persons pages of the will shall have to be
who are the natural objects of his signed on the left margin by the
bounty, the instrument thus testator and witnesses::
executed will be denied probate for (1) in the last page, when the will
lack of testamentary capacity. consists of two or more pages;
(2) when the will consists of only one
D. FORMALITIES OF WILLS page;
(EXTRINSIC VALIDITY) (3) when the will consists of two
pages, the first of which contains all
COMMON FORMALITIES the testamentary dispositions and is
1. Every will must be in writing; and signed at the bottom by the testator
2. Executed in a language or dialect and the witnesses and the second
known to the testator. contains only the attestation clause
duly signed at the bottom by the
SPECIAL FORMALITIES witnesses.
I. NOTARIAL OR ORDINARY WILL
a. SUBSCRIPTION – made at the end The inadvertent failure of one
thereof by the testator himself or by witness to affix his signature to one
the testator's name written by some page of a testament, due to the
other person in his presence and by simultaneous lifting of two pages in
his express direction; the course of signing, is not per se
Subscription refers to the sufficient to justify denial of probate
manual act of testator and also (Icasiano vs. Icasiano II SCRA 422).
of his instrumental witnesses of
affixing their signature to the d. PAGE NUMBERINGS – Written
instrument. correlatively in letters placed on the
b. ATTESTATION AND SUBSCRIPTION - upper part of each page;
(evidenced by an “attestation
clause”) by 3 or more credible NOTE: This is not necessary when all of
witnesses in the presence of the the dispositive parts of a will are written
testator and of one another; on one sheet only.
Attestation consists in the act of
witnesses of witnessing the e. ACKNOWLEDGMENT – Done before a
execution of the will in order to notary public by the testator and the
see and take note mentally that instrumental witnesses.
such will has been executed in
accordance with requirements NOTE: The notary public before whom
prescribed by law. the will was acknowledged cannot be
considered as the third instrumental
ATTESTATION SUBSCRIPTION witness since he cannot acknowledge
1. an act of the 1. an act of the before himself his having signed the will.
senses hand If the third witness were the notary
2. mental act 2. mechanical act public himself, he would have to avow,
3. purpose is to 3. purpose is assent, or admit his having signed the
render available identification will in front of himself. To allow such
proof during
would have the effect of having only two
probate of will
attesting witnesses to the will which
would be in contravention of Arts. 805
c. MARGINAL SIGNATURES – affixed by
and 806. (Cruz vs. Villasor 54 SCRA 31)
the testator or the person requested
NOTE: While express revocation may be with the intention of revoking the
effected by a subsequent will, or a will.
codicil, or a nontestamentary writing
executed as provided in case of wills, DOCTRINE OF DEPENDENT RELATIVE
implied revocation may be effected only REVOCATION (ART 832)
by either a subsequent will, or a codicil. A revocation subject to a condition
does not revoke a will unless and
3. By burning, tearing, cancelling, or until the condition occurs. Thus,
obliterating the will. where a testator “revokes” a will
Requisites: with the proven intention that he
a. testamentary capacity at the would execute another will, his
time of performing the act of failure to validly make a latter will
destruction; would permit the allowance of the
b. intent to revoke (animus earlier will.
revocandi);
c. actual physical act of Where the act of destruction is
destruction; connected with the making of
d. completion of the subjective another will so as fairly to raise the
phase; and inference that the testator meant
e. performed by the testator the revocation of the old to depend
himself or by some other person upon the efficacy of the new
in his presence and express disposition intended to be
direction substituted, the revocation will be
(THE LIST IS EXCLUSIVE.) conditional and dependent upon the
efficacy of the new disposition; and
NOTE: The act of revocation is a if for any reason, the new will
personal act of the testator. He cannot intended to be made as a substitute
delegate to an agent the authority to do is inoperative, the revocation fails
the act for him. Another person, and the original will remains in full
however, may be selected by him as an force (Vda. De Molo vs. Molo 90 Phil
instrument and directed to do the 37).
revocatory acts in his presence. A
destruction not accomplished in the Revocation by mistake
testator’s presence is an ineffective A revocation of a will based on a
revocation of the will. false cause or an illegal cause is null
and void. Thus, where a testator by
DOCTRINE OF PRESUMED REVOCATION a codicil or later will, expressly
Whenever it is established that the grounding such revocation on the
testator had in his possession or had assumption of fact which turns out
ready access to the will, but upon to be false, as where it is stated that
his death it cannot be found or the legatees/devisees named therein
located, the presumption arises that are dead, when in fact, they are
it must have been revoked by him by living, the revocation does not take
an overt act. effect.
Where it is shown that the will was
in custody of the testator after its G. REPUBLICATION AND REVIVAL OF
execution, and subsequently, it was WILLS
found among the testator’s effects
after his death in such a state of REPUBLICATION
mutilation, cancellation or The act of the testator whereby he
obliteration as represents a reproduces in a subsequent will
sufficient act of revocation, it will (express) the dispositions contained
be presumed in the absence of in a previous will which is void as to
evidence to the contrary, that such its form, or he executes a codicil
act was performed by the testator (constructive) to his will.
NOTES: PROBATE
To republish a will void as to its A special proceeding mandatorily
form, all the dispositions must be required for the purpose of
reproduced or copied in the new or establishing the validity of a will.
subsequent will; The statute of limitations is not
To republish a will valid as to its applicable to probate of wills.
form but already revoked the
execution of a codicil which makes Questions determinable by the probate
reference to the revoked will is court: (ICE)
sufficient. 1. identity of the will;
2. testamentary capacity of the
Effects of Republication by virtue of a testator at the time of the execution
Codicil: of the will; and
1. Codicil revives the previous will 3. due execution of the will.
2. The old will is republished as of the
date of the codicil— makes it speak, GENERAL RULE: In probate
as it were, from the new and later proceeding, the court’s area of inquiry is
date. limited to an examination of, and
3. A will republished by a codicil is resolution on the extrinsic validity if the
governed by a statute enacted to the will, the due execution thereof, the
execution of the will, but which was testatrix’s testamentary capacity and
operative when the codicil was the compliance with the requisites or
executed. solemnities prescribed by law. The
probate court cannot inquire into the
REPUBLICATION REVIVAL intrinsic validity of testamentary
provisions.
1. Takes place by 1. Takes place by
an act of the operation of law. EXCEPTION: Practical considerations,
testator e.g. when the will is intrinsically void on
its face.
2. Corrects extrinsic 2. Restores a
and intrinsic revoked will In Nuguid vs Nuguid (17 SCRA 449),
defects. the Supreme Court held that, if the
case were to be remanded for
REVIVAL probate of the will, nothing will be
The restoration to validity of a will gained. On the contrary, this
previously revoked by operation of litigation would be protracted. And
law (implied revocation). for aught that appears in the record,
in the event of probate or if the
PRINCIPLE OF INSTANTER court rejects the will, probability
The express revocation of the first exists that the case will come up
will renders it void because the once again before us on the same
revocatory clause of the second will, issue of the intrinsic validity or
not being testamentary in character, nullity of the will. RESULT: waste of
operates to revoke the previous will time, effort, expense, plus added
instantly upon the execution of the anxiety.
will containing it.
NOTE: In implied revocation, the first In Nepomuceno vs CA (139 SCRA
will is not instantly revoked by the 207), the Court ruled that “the court
second will because the inconsistent can inquire as to the intrinsic
testamentary dispositions of the latter validity of the will because there
do not take effect immediately but only was an express statement that the
after the death of the testator. beneficiary was a mistress.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST .CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John
Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law 64
SS LC
IP -excluded- Children
LC ½ Any child It depends inherit in the
IC ½ of 1 LC amounts
established in
LC ½ All the the foregoing
SS ¼ concurring CH rules.
IC ½ of 1 LC get from the
half free IP ¼ Only the
portion, the SS ¼ parents are of
share of the IC are
SS having included.
preference Grandparents
over that of and other
the IC, whose ascendants
share may are excluded.
suffer
reduction pro
rata because
there is no
preference STEPS IN DETERMINING THE LEGITIME
among OF COMPULSORY HEIRS:
themselves. 1. Determination of the gross value of
the estate at the time of the death
LPA ½ Whether they
of the testator;
survive alone
or with
2. Determination of all debts and
concurring charges which are chargeable
CH. against the estate;
3. Determination of the net value of
LPA ½ IC succeed in the estate by deducting all the debts
IC ¼ the ¼ in and charges from the gross value of
equal shares. the estate;
4. Collation or addition of the value of
LPA ½
all donations inter vivos to the net
SS ¼
value of the estate;
LPA ½ 5. Determination of the amount of the
SS 1/8 legitime from the total thus found;
IC ¼ 6. Imputation of the value of all
donations inter vivos made to
IC ½ Divide equally compulsory heirs against their
among the IC. legitime and of the value of all
donations inter vivos made to
strangers against the disposable free
SS 1/3
IC 1/3 portion and restoration to the
hereditary estate if the donation is
SS ½ 1/3 if inofficious; and
marriage is in 7. Distribution of the residue of the
articulo estate in accordance with the will of
mortis and the testator
deceased
spouse dies COLLATION
within 3 mos.
1. Fictitious mathematical process of
after the
marriage. adding the value of the thing
donated to the net value of the
IP ½ hereditary estate (Art. 908 and Arts.
1061-1077).
2. Act of charging or imputing such
value against the legitime of the
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST .CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John
Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law 71
2. Parents/Ascendants: NOTES:
a. When the parents have Mere civility which may characterize
abandoned their children or their relationship, a conduct that is
induced their daughters to live a naturally expected of every decent
corrupt or immoral life, or person, is not enough.
attempted against their virtue; In order to be effective, the testator
b. When the parent/ascendant has must pardon the disinherited heir.
been convicted of adultery or Such pardon must specifically refer
concubinage with the spouse of to the heir and to the acts causing
the testator; the disinheritance. The heir must
c. Loss of parental authority for accept the pardon.
causes specified in the Code; and No particular form is required. It
d. Attempt by one of the parents may be made expressly or tacitly.
against the life of the other,
unless there has been NOTE: Where the cause for
reconciliation between them. disinheritance is likewise a ground for
3. Spouse: unworthiness to succeed, what is the
a. When the spouse has given effect of a subsequent reconciliation
cause for legal separation; When upon the heir’s capacity to succeed?
the spouse has given grounds for 1. If disinheritance has been made:
the loss of parental authority. Rule on reconciliation applies. The
disinheritance becomes ineffective.
Revocation of Disinheritance: 2. If disinheritance has not been made:
1. Reconciliation; Rule on reconciliation does not
2. Subsequent institution of the apply. The heir continues to be
disinherited heir; and incapacitated to succeed unless
3. Nullity of the will which contains the pardoned by the testator under Art.
disinheritance. 1033. The law effects the
disinheritance.
NOTE: Once disinheritance has been
revoked or rendered ineffectual, it N. LEGACIES AND DEVISES (ARTS. 924 –
cannot be renewed except for causes 959)
subsequent to the revocation or based
on new grounds. Persons charged with legacies and
devises:
RECONCILIATION (1) compulsory heir;
It is the resumption of genuine (2) voluntary heir;
cordial relationship between the (3) legatee or devisee;
testator and the disinherited heir, (4) estate
approximating that which prevailed
before the testator learned of the NOTES:
cause for disinheritance, reciprocally
If the will is silent with regard to the
manifested by their actions
person who shall pay or deliver the
subsequent to the act of
legacy/devise, there is a
disinheritance.
presumption that such legacy or
A subsequent reconciliation between
devise constitutes a charge against
the offender and the offended
the decedent’s estate.
person deprives the latter of the
right to disinherit, and renders Since legacies and devises are to be
ineffectual any disinheritance that taken from the disposable free
may have been made. (Art. 922) portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.
should die after the approval the testator, should fail to report it
thereof; nevertheless, any provision to an officer of the law within a
made by the ward in favor of the month, unless the authorities have
guardian when the latter is his already taken action; this prohibition
ascendant, descendant, brother, shall not apply to cases wherein,
sister, or spouse, shall be valid; according to law, there is no
4. Relatives of such priest or minister obligation to make an accusation;
of the gospel within the 4th degree, 6. Any person who by fraud, violence,
the church, order, chapter, intimidation, or undue influence
community, organization or should cause the testator to make a
institution to which such priest or will or to change one already made;
minister may belong; 7. Any person who falsifies or forges a
5. Attesting witness to the execution of supposed will of the decedent; and
a will, the spouse, parents or 8. Any person who by the same means
children, or any one claiming under prevents another from making a will,
such witness, spouse, parents or or from revoking one already made,
children; and or who supplants, conceals, or alters
6. Physician, surgeon, nurse, health the latter's will.
officer or druggist who took care of
the testator during his last illness. NOTE: The moment the testator uses
one of the acts of unworthiness as a
B. Based on Morality or Public Policy cause for disinheritance, he thereby
(ART 739) submits it to the rules on disinheritance.
1. Those made in favor of a person with Thus, reconciliation renders the
whom the testator was guilty of disinheritance ineffective.
adultery or concubinage at the time
of the making of the will. PARDON OF ACTS OF UNWORTHINESS
2. Those made in consideration of a EXPRESS IMPLIED
crime of which both the testator and 1. made by the 1. effected when
the beneficiary have been found execution of a testator makes a
guilty. document or any will instituting the
3. Those made in favor of a public writing in which the unworthy heir with
officer or his spouse, descendants and decedent condones knowledge of the
the cause of cause of incapacity
ascendants, by reason of his public incapacity
office 2. cannot be 2. revoked when
revoked the testator
C. Based on Acts of Unworthiness revokes the will or
(A4F3P) the institution
1. Parents who have abandoned their
children or induced their daughters C. ACCEPTANCE AND REPUDIATION OF
to lead a corrupt or immoral life, or INHERITANCE (ARTS. 1041 – 1057)
attempted against their virtue;
2. Any person who has been convicted Characteristics: (VIR)
of an attempt against the life of the 1. Voluntary and free
testator, his/her spouse, 2. Irrevocable, except if there is
descendants or ascendants; vitiation of consent or an unknown
3. Any person who has accused the will appears
testator of a crime for which the law 3. Retroactive
prescribes imprisonment for 6 years
or more, if the accusation has been Requisites:
found groundless; 1. certainty of the death of the
4. Any person convicted of adultery or decedent
concubinage with the spouse of the 2. certainty of the right to the
testator; inheritance
5. Any heir of full age who, having
knowledge of the violent death of
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST .CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John
Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
San Beda College of Law 82