REVOCATION

The law provides that for a valid revocation by an overt act, the following elements must be present

1. An overt act

2. Animus revocandi

3. Completion of the subjective phase.

The law likewise states that a person may revoke his will at anytime before his death. This means that
the testator may create another will or may dispose some of his property granted by him within the
bounds of law.

The law provides that there is no valid institution of an heir upon false cause.

the principle of instanter provides that should a subsequent will expressly revoke a prior will, such
revocation shall be effective immediately and that should a third will be made expressly revoking the
second will, it will not work to revive the first will which was expressly revoked by the second will.

, testate and intestate succession, both with respect to the order of succession and amount of
successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein said property may be found (Art. 16, par. 2, NCC). In the
case of Bellis vs. Bellis, It was held that a provision in the will that Philippine properties should be
distributed in accordance with Philippine law and not the national law of the decedent (Texas laws in the
case of Bellis) Is VOID because it contravenes Art. 16 of NCC. The Philippine courts follow the nationality
principle with respect to the intrinsic validity of wills.

In light of the renvoi doctrine which is pertinent when the decedent is a citizen of one country and a
domiciliary of another where the conflict of laws rule of a foreign country authorizes the return or
reference back of the problem to the law of the forum, I.e. the country of domicile, the law of the
decedent's domicile shall be applied (Christensen Aznar vs. Garcia). The law of the domicile shall govern
if the question has to be decided. The court of the domicile cannot and

ALIEN EXECUTING A WILL ABROAD (DNPL)

Under the law an alien who is abroad may probate his will In the Philippines which will be determined
the extrinsic validity of the laws of his domicile, laws of his nationality, laws of the Philippines and the
laws of the country where he executed the will.
FIDEICOMMISSARY SUBSTITUTION

TO BE VALID

1. There must be the first heir called the fiduciary and th second heir called the fideicommissary
2. There is an obligation of the fiduciary to preserve the property and transmit it to the
fideicommisary
3. the first heir and the second heir must be 1 civil degree apart
- Immaterial that the testator is not a relative as long as the 1 st heir and 2nd heir is one degree
apart.

RESERVA TRONCAL

Reserva troncal happens when an ascendant who inherits a property from a descendant and
the latter acquired it through gratuitous title form another ascendant, the ascendant must reserve it
for the benefit of the relatives of the descendant within the third civil degree.

PER CAPITA AND PER STIRPES

IRON BAR RULE

The Iron bar rule provides that an illegitimate child cannot inherit from the legitimate relatives
of their parents.

Under the law, an illegitimate child may represent his Illegitimate parent in case the said
parent dies ahead of his own parents. The iron bar rule does not apply when property passes only
within the illegitimate family.

COLLATION

Not subject to collation 1. expenses of education (elementary and secondary), support, medical needs,
customary gifts (Art. 1067) 2. for professional, vocation, re career (Art.1067) 3. wedding gifts except
when they exceed 1/10 of the sum disposable by will (Art. 1070) 4. donation to the spouse of the child
(Art. 1066) 5. parents are not obliged to bring to collation in the inheritance of their ascendants any
property which may have been donated by the latter to their children (Art. 1065)

an adopted child cannot represent his adoptive parent since the relationship created by the adoption is
EXCLUSIVELY between the adoptive parent and the adopted child. The relationship does not extend to
other relatives of the adopted parent .