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. (n) Art. 775. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. (n) Elements of succession according to 774:


Non-transmissible rights: purely personal, extinguished by death. (i.e. rights to oublic office, family rights, civil liberties, marriage, suffrage) General rule: obligations are transmissible (i.e. monetary obligations, obligation as surety or guarantor) except the following: 1. Obligations of the debtor which are personal since they require the personal qualifications and circumstances of the debtor are extinguished by death 2. Obligations which are made non-transmissible by the will of the testator or by express agreement of the parties 3. Obligations non-transmissible by provision of law.(i.e. criminal responsibility, legal support)

Art. 777. The rights to the succession are transmitted from the moment of the death of the decedent. (657a) Property, rights and obligations retroact to the precise MOMENT of death. No bar to dispose share immediately after death (right of ownership). Provided made AFTER DEATH. But the alienation is limited to what is ultimately adjudicated to transferor heir. Admittedly changes the distribution as per testator s will. Heirs may do what administrators are authorized to do. The latter are merely representatives of the estate. Court can authorize administrators to sell/mortgage property but such cannot adversely affect substantive rights of heirs. Administrators are for the protection of creditors so as to preserve and manage estate and pay obligations before handling t heirs. Note: before partition co-ownership regardless of share. After partition exclusive ownership to adjudicated property

1. 2. 3.



It s a mode of acquiring ownership. It s a derivative mode. It is a gratuitous transmission (i.e. liberality), aka donation mortis causa. If it withholds right to dispose til donor s death it s mortis causa It s a transmission to the extent of the value of the inheritance transmissible provided it s not purely personal. May include obligations, but never to the excess of the value of inheritance By virtue of death - May be actual or presumptive death. Ordinary presumptive death - 7 years; extraordinary presumptive death 4 years; for purposes of succession 10 years unless 75 years old and above 5 years. Either by will or operation of law



Art. 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (659) Inheritance refers to the entirety of the property, rights and obligations. It is the objective element of succession, the totality of the patrimony. Succession is the legal mode by which inheritance is transmitted. Transmissible rights: not purely personal. (i.e. right to bring an action for forcible entry or unlawful detainer, to compel the execution of a document necessary for conveyance, continue a lease, etc)

Contracts involving Future Inheritance property or right not in existence or incapable of determination at the time the contract is made is considered future inheritance. Void for being wagering contracts that are against private policy. What is prohibited is a contract involving an inchoate right to inherit. Art. 778. Succession may be: (1) Testamentary; (valid will) (2) Legal or intestate; or (without a will or a void will)


785. or accomplished through the instrumentality of an agent or attorney. Unilateral donee needn t participate 6.Wills Art. Personal cannot be delegated the making/writing thereof 2.(3) Mixed. The making of a will is a strictly personal act. partly by intestate) Art. 783. Holographic Art 810 5. (n) Art. A will is an act whereby a person is permitted. to take effect after his death.Wills in General 2 . Direct actual provision in the will wherein a person identifies a certain piece or certain percentage of property and gives it to a specified person. it would be a donation and law on donations would govern 7. Art. . cannot be left to the discretion of a third person. it cannot be left in whole or in part of the discretion of a third person. 784. b. . 779. such as in cases of disinheritance (such inures to the benefit of other heirs) Characteristics of the making of a will (8): 1. An heir is a person called to the succession either by the provision of a will or by operation of law. Indirect will disposes property by inference or implication. Individual can never be a joint undertaking. (n) (partly distributed by will. but also those which have accrued thereto since the opening of the succession. Notarial wills must be in accordance with art 805 to be considered personally participated in by the testator. 780. Mixed succession is that effected partly by will and partly by operation of law. or the determination of the portions which they are to take. Art. made in a will executed in the form prescribed by law. The duration or efficacy of the designation of heirs. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death. (670a) Pertains to the making of the will. Effective Mortis Causa otherwise. For holographic wills it must be personally written. with the formalities prescribed by law. when referred to by name. undue influence or mistake invalidates the will 3. SUBSECTION 1. devisees or legatees. Death-less succession nullity of marriage. Purpose of provision is to protect the creditors of the deceased. (670a) Prohibits the testamentary discretion from being given to third parties. to control to a certain degree the disposition of this estate. Statutory right provided by legislature. Free/ Voluntary any vice of consent such as fraud. Revocable/ Ambulatory can change mind before death 4. Formal has solemnities prescribed by law. etc Art. Joint wills prohibited 8. (n) Accessory follows the principal even after death. 782. (n) Other classifications of succession: 1. Present in annulment of marriage (Art 45) and petition for declaration of nullity (Art 40) Art. Congress may prescribe forms. CHAPTER 2 TESTAMENTARY SUCCESSION SECTION 1. Contractual succession future individual 2. (667a) Kinds of dispositions: a. Testamentary succession is that which results from the designation of an heir. legal separation triggering delivery of presumptive legitime. Devisees (real) and legatees (personal) are persons to whom gifts of real and personal property are respectively given by virtue of a will. 781. Freak succession 3. (n) Law considers naming of devisees and legatees preference over heirs merely given an inchoate share in the properties of the deceased. Notarial Arts 804 809.

the testator's intention is to be ascertained from the words of the will. Art. mistake or imperfection in the written instrument b. (n) Types of Imperfect description: 1. that interpretation by which the disposition is to be operative shall be preferred. where plaintiff is claimant and defendant is executor. high school. 789. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes. unless a clear intention to use them in another sense can be gathered. taking into consideration the circumstances under which it was made. An intrinsic ambiguity.e. unless the context clearly indicates a contrary intention. (n) Disposition may be: a. Art. and when an uncertainty arises upon the face of the will. as to the application of any of its provisions. in case of doubt. Unconditional immediately upon death b. and also the designation of the persons. There is no evidence as to their agreement other than the written instrument itself. 788. Cannot be imposed by third person. The validity of the written agreement d. A failure of the written agreement to express the true intent and agreement of the parties c. The existence of other terms agreed to by the parties after the execution of the written agreement Dead Man s Statute: when a claim is filed against the estate. etc?) 1. Inspect instrument and find the intent of the testator b. Apparent/extrinsic appears on the face of the instrument (i. or when no person or property exactly answers the description. When there is an imperfect description. Conditional happening of a condition or term as imposed by testator himself. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. 787. Whatever is contained is the totality of the agreement between parties. 2. excluding the oral declarations of the testator as to his intention. to the most intelligent Senator in the Philippines) 2. Inherent limitations class institution too broad law itself provides limits. Technical words in a will are to be taken in their technical sense. If a testamentary disposition admits of different interpretations. Steps to solve ambiguity: a. mistakes and omissions must be corrected. except testimonies of the testator himself or oral declarations. if the error appears from the context of the will or from extrinsic evidence. both parties are prohibited to testify as to something the deceased said in his lifetime. 786. The words of a will are to be taken in their ordinary and grammatical sense. Parole Evidence Rule: anything reduced into writing is supposed to contain all such terms and conditions of that agreement. (n) Intent of testator must prevail in cases of ambiguity.e. (671a) Implementation discretion may be left to third parties. excluding such oral declarations. Non-apparent/ intrinsic when no person or property exactly answers the description and cannot be seen from mere reading but appears only upon consideration of the intrinsic circumstances (i.Art. Resort to extrinsic evidence. to my best friend in school which school? Grade school. Before any introduction of oral evidence to supplement to complement a written instrument there must be preliminary evidence to show that it falls under any of the following exceptions: a. (675a) 3 . and that other can be ascertained. or unless it satisfactorily appears that he was unacquainted with such technical sense. The extrinsic evidence referred to is circumstantial evidence that may help reveal testamentary intent. 790. Kinds of Extrinsic Evidence: Art. if the intention of the testator is not readily ascertainable from a simple reading of the will. institutions or establishments to which such property or sums are to be given or applied. Documentary or written evidence Testimonial or oral evidence Parole Evidence Rule and Dead Man s Statute preclude the admissibility of oral testimonies and testimonies of the decedent in interpreting or resolving ambiguities contained in a will. Art.

798. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions. 2.Domiciliary law Art. 792. Property acquired after the making of a will shall only pass thereby. All persons who are not expressly prohibited by law may make a will.Law of the place where he dies . Intent must be clearly expressed. 795. Art. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of. unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made.Domiciliary law Alien residing in RP . as if the testator had possessed it at the time of making the will. b. Intrinsic validity law operating at the time of death b. (n) General rule is that in the absence of a stipulation giving certain rights over devises and legacies to another person. (n) 4 . 793. unless it clearly appears from the will that he intended to convey a less interest. All properties I may acquire after the execution of this will shall be given to X. the person/s bequeathed by such property likewise gets all proprietary interests over it.e. rather than one which will render any of the expressions inoperative. Extrinsic validity law operating at the time of execution of the will Conflicts Rule as to form: a. (n) Art. that is to be preferred which will prevent intestacy. The words of a will are to receive an interpretation which will give to every expression some effect.Nationality law .Law of execution .Philippine law . (n) If the will states that the testator intends such will to cover future property he may acquire. 794. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. (662) Art. Filipino can use . 791.Law of the place the contract was celebrated (lex loci celebrationis) Non-resident alien with property in the RP . 797. and of two modes of interpreting a will.Law of the place the contract was celebrated (lex loci celebrationis) . Ordinary words ordinary meaning unless testamentary intent provides otherwise AND such interpretation can be ascertained. Art. i. Art. c. Persons of either sex under eighteen years of age cannot make a will. (n) Art.e. aka the Nationality Rule) Contrary provision void .Rule on interpreting words: 1. In order to make a will it is essential that the testator be of sound mind at the time of its execution. 796.Testamentary Capacity and Intent Art. SUBSECTION 2. should it expressly appear by the will that such was his intention. (n) Laws governing validity: a.Nationality law (i. Philippine law because of our adherence to Art 16 of CC. (n) General rule is each disposition is independent from each other. .Nationality law . it shall be so. Technical words technical meaning unless testamentary intent provides otherwise OR it can be proven that testator was unfamiliar with such technical word AND made the will unassisted by a person who would know such words.

on the left margin. The attestation shall state the number of pages used upon which the will is written. one month. If the attestation clause is in a language not known to the witnesses. and by his express direction. To be of sound mind. 803. 800. 799. before making his will was publicly known to be insane.Art. injury or other cause. A married woman may make a will without the consent of her husband. in the absence of proof to the contrary. under his express direction. nature of his estate he knows what belongs to him which he intends to bequeath. Sufficient that he has the ability to know: 1. Every will must be in writing and executed in a language or dialect known to the testator. No statutory requirement that the will state that the language used therein is known to the testator. other than a holographic will. the person who maintains the validity of the will must prove that the testator made it during a lucid interval. and the fact that the testator signed the will and every page thereof. or less. the proper objects of his bounty. it must be proven by clear evidence aliunde especially when there are inconsistencies in the will. but if the testator. shall also sign. and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. (n) Requisites of a Notarial Will: c. character of the testamentary act understands that the will involves dispositions affecting his property Lack of express prohibition Art. (n) 5 . or that his mind be wholly unbroken. The testator or the person requested by him to write his name and the instrumental witnesses of the will. A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. it is not necessary that the testator be in full possession of all his reasoning faculties. and all the pages shall be numbered correlatively in letters placed on the upper part of each page. or unshattered by disease. 805. Supervening incapacity does not invalidate an effective will. which will affect his net estate 2. (n) Presumption that language used is known to the testator if the will was executed in a locality where the testator is residing. as aforesaid. proper objects of his bounty those he will make dispositions in their favour of 3. Age Soundness of mind not necessarily complete possession of all reasoning and mental faculties.Forms of Wills Art. must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence. (n) SUBSECTION 3. each and every page thereof. except the last. 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. Art. (n) Art. and without the authority of the court. 802. (n) Art. . 801. it shall be interpreted to them. (n) Testamentary capacity: a. and the character of the testamentary act. in the presence of the instrumental witnesses. Art. b. and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. he also knows the extent of his liabilities if any. or caused some other person to write his name. However. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of. Every will. unimpaired. nor is the will of an incapable validated by the supervening of capacity. The law presumes that every person is of sound mind. 804.

mental To attest is to know that the will was published as such.The fact that the testaot signed the will the every page thereof or caused some other person to write his name under his express direction in the presence of the instrumental witnesses . 807.failure to comply invalidates the will. 806.1. Art. 6. or file another with the Office of the Clerk of Court. or fraud. Subscribing Signature Act of the hand. Art. and by his express direction Attested and subscribed by three or more credible witnesses in the presence of the testator and of one other All the pages numbered correlatively in letter placed on the upper part of each page Every page except the last must be signed by the testator and by the instrumental witnesses on the left margin Acknowledged before a notary public by the testator and by the three witnesses Must have an attensation clause with contain the following: . and to certify that the facts required to constitute an actual and legal publication For the testator . (n) Special formal requirements . he must personally read the will. 5. No specific time required to notarize the will nor is it required that the witnesses and the testator acknowledge the will before a notary public. Blindness not just literally blind but incapable to reading. and again. Subscribed at the end (logical end end of dispositions) by the testator or by the testator s name written by some other person in his presence. A thumb mark would be sufficient if the testator cannot affix his own signature. once. Need not be complete. by the notary public before whom the will is acknowledged. 809. 4. forgery. he shall designate two persons to read it and communicate to him. by one of the subscribing witnesses. the contents thereof. or a deaf-mute. (n) Covers on notarial wills. defects and imperfections in the form of attestation or in Signatures a.below the dispositions otherwise the will is void For the witnesses at the end of the attestation clause otherwise the will is void To attest. Substantial compliance sufficient provided the purpose of the law to prevent fraud has been satisfied. If the testator is blind. otherwise. declare and confirm that the Cannot be considered attestations of the 6 . Art. if able to do so. If the testator be deaf. mechanical To subscribe is only to write on the same paper the names of the witnesses for the sole purpose of identification Can be found anywhere on the page. the will shall be read to him twice. Person writing testator s name on his behalf needn t place his own signature. In the absence of bad faith. b.Number of pages upon which the will was written . ideally on the left margin Attesting Signature An act of the senses. Under oath and under pain of perjury. The notary public shall not be required to retain a copy of the will. (n) Art. 3.The fact that the witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and of one another dispositions above are that of and by the testator witnesses as to the due execution of the will Presumption of regularity when the attestation clause is signed cannot be defeated by negative testimony which does not enjoy equal status with the positive assertion and convincing appearance of the signature of the testatrix but also the proper execution of the will. 808. in some practicable manner. Acknowledgement ensures that the signatories to the deed declare before an officer of the law that they had executed and subscribed to the Deed as their own free act or deed. or undue and improper pressure and influence. Testator s is enough. 2. Every will must be acknowledged before a notary public by the testator and the witnesses. Jurat part of a document where the notary certifies that before him the Deed was subscribed and sworn to by the signatory.

Execute a valid codicil which may either be notarial or holographic Purpose of the date in the holographic will is to determine testamentary capacity of testator at the time of the creation of the will and whether it was prepared after August 30. Needn t be dated. If the will is contested. In the absence of any competent witness referred to in the preceding paragraph. Number of pages upon which the will is written Fact that the testator signed the will and every page thereof or caused some other person to write his name under his express direction in the presence of the instrumental witnesses The witnesses witnessed and signed the will and all of the pages in the presence of the testator and of one another Art. expert testimony may be resorted to. c. In the probate of a holographic will. b. Expert testimony may be resorted to in either case upon the court s discretion. fraud or undue influence. 3. the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions. Art. 3. As per Art 812 Insert additional matters or cancel dispositions provided that the same are written and signed by the hand of the testator. Contents of the attestation clause: 1. such date validates the dispositions preceding it. dated. 1950 the time the New CC took effect. Rule on witnesses in relation to testator s handwriting: a. A person may execute a holographic will which must be entirely written. It is subject to no other form. 813. (678.the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of Article 805. Executed in the language or dialect known to the testator Entirely written. and the last disposition has a signature and a date. and need not be witnessed. When a number of dispositions appearing in a holographic will are signed without being dated. Art. dated and signed by the hand of the testator. Permitted in holographic wills provided they are dated and signed by the hand of the testator. How to add dispositions in holographic wills: 1. Art. (n) Additional dispositions below the testator s signature: a. forgery. (619a) Sole issue for probate of a holographic will is the genuiness of the handwriting. Additional dispositions void the entire will. 688a) Requisites of a holographic will: 1. Total number of pages and whether all persons required to sign did so in the presence of each other must be substantially appear in the attestation clause. 2. at least three of such witnesses shall be required. 812. (n) 7 . One witness rule in uncontested wills Three witness rule in contested wills. 810. Doctrine only permits an exploration within the cofines of the will to ascertain its meaning or to determine the existence of absence of the required formalities of law. and may be made in or out of the Philippines. b. Not permitted in notarial wills. No need to resort to extrinsic evidence. In holographic wills. being the only check against perjury. 811. 2. and if the court deem it necessary. and signed by the hand of the testator himself. (n) Doctrine of Liberal Interpretation: applies only to the form of the attestation clause or the language used therein. Such defects will not invalidate the will provided that there is no bad faith. 2. whatever be the time of prior dispositions. it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. Other parts of the will cannot reveal compliance.

DATE IS NOT REQUIRED as they are presumed made on the date of the execution. may be a witness to the execution of a will mentioned in Article 805 of this Code. It may also one that is made by two or more persons in one instrument. such jurisdiction s conflicts rule applies. If the last disposition is signed AND dated. Art. 818. Made by testator s hand and AUTHENTICATED amendments recognized and will is valid. 821. Cancellation. or in conformity with those which this Code prescribes. additions. 819. typewritten) regardless whether AUTHENTICATED or not ENTIRE will is INVALID.Article presumes various dispositions done on different dates which are signed but not dated. if the cancellation is not authenticated but results in the revocation of the entire will. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides. Made by testator BUT NOT by his hand (i. 820. Such will may be probated in the Philippines. Two or more persons cannot make a will jointly. The following are disqualified from being witnesses to a will: 8 . cancellation. Art. No one can validly determine the extent of one s generosity except the testator. it may happen that same becomes operative with respect to one but not with the other testator such as when one is incapacitated and lacks testamentary capacity. all dispositions before it is valid. If probate is conducted in a foreign jurisdiction. 815. Made by stranger BUT NOT AUTHENTICATED by testator amendments INVALID and the will is VALID as before. 2. When a Filipino is in a foreign country. . Wills. Wills violate the nature of a will as a purely personal or individual act. (n) Amendments must be authenticated by testator s FULL SIGNITURE of the testator himself. when the joint will is presented for probate. or according to the formalities observed in his country. the revocation is valid. A will made in the Philippines by a citizen or subject of another country. However. (n) may permissive qualifications Art. shall have the same effect as if executed according to the laws of the Philippines. which is executed in accordance with the law of the country of which he is a citizen or subject. 816. deaf or dumb. 4. and able to read and write. 5. Art. (733a) Art. erasure or alteration in a holographic will. country. prohibited by the preceding article. executed by Filipinos in a foreign country shall not be valid in the Philippines. erasures or cancellations: 1. (669) Joint will authored by two or more persons and signed by them as co-makers. even though authorized by the laws of the country where they may have been executed. and not blind.e. 3. either for their reciprocal benefit or for the benefit of a third person. 814. HOWEVER. the testator must authenticate the same by his full signature. he is authorized to make a will in any of the forms established by the law of the country in which he may be. SUBSECTION 4. Any person of sound mind and of the age of eighteen years or more. In case of any insertion. Made by stranger and AUTHENTICATED by testator ENTIRE will is INVALID. (n) Art. (n) Art. and which might be proved and allowed by the law of his own Why? Because the intrinsic validity of wills is governed by the national law of the testator. or in the same instrument.Witnesses to Wills Art. Mutual will authored by two or more persons for their reciprocal benefit. (n) Conflicts rule when conflicts arise from place of will s execution AND probate proceedings are done in the Philippines. Made by testator s hand BUT NOT AUTHENTICATED amendments NOT recognized but will is valid. 817. 6.

. Credible witness credibility is the sum total of a person s character and their general reputation as a member of the community.Codicils and Incorporation by Reference Art. sight. 823. parent or child Exceptions: 1. However. child of the witness. sense of hearing. SUBSECTION 5. Credibility is not quantifiable. Art. parent. If the witnesses attesting the execution of a will are competent at the time of attesting.e. such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. so far only as concerns such person. it is always a supplement or annex of the will itself.(1) Any person not domiciled in the Philippines. Such witness is a compulsory heir but only to the extent of his legitimes There is a substitute witness Art. A codicil is supplement or addition to a will. or spouse. or parent. Failure to comply with all does not mean the will is invalid. deaf and dumb witnesses exist because witnesses are required to identify the will. In order that a codicil may be effective. It s a supplement or addition to a will It s made after the execution of the will It s to be annexed and taken as part thereof It explains. or child. A mere charge on the estate of the testator for the payment of debts due at the time of the testator's death does not prevent his creditors from being competent witnesses to his will. (n) Art. 826. or altered. 2. (n) Charge referred is a debt of the estate which will be paid even without a provision in the will during the liquidation. his spouse. or parent. be void. adds or alters the original will It s executed following the formalities of a will 9 . by which disposition made in the original will is explained. 4. 5. attest to the due execution and communicate what they saw and heard during its execution. It only means that it will be more difficult for the will to be allowed for probate. If a person attests the execution of a will. It is directed at the sound discretion of the probate judge. 822. such devise or legacy shall. A witness to the will and at the same time an heir. their becoming subsequently incompetent shall not prevent the allowance of the will. The literacy requirement is to as to have some level of assurance that witnesses will be credible and reliable as to his account of what happened during the execution of the will. unless there are three other competent witnesses to such will. The prohibition against blind. a witness will have to testify on matters material to the admission or denial of the will. it shall be executed as in the case of a will. (n) mandatory qualifications During probate proceedings. (2) Those who have been convicted of falsification of a document. (n) Competent witness one who has the organs of perception i. taste smell and touch AND not legally impaired. Art. perjury or false testimony. or parent. Requirements of a valid codicil: 1. or child of such person. The qualifications/disqualifications are so that the issue of competence and credibility do not arise. or any one claiming under such person or spouse. certify that certain formalities were complied with. any person claiming against the witness. 824. a devise or legacy is given by such will. (n) Persons disqualified to inherit under Art 823: 1. 2. 3. devisee or legatee in the same will The spouse (unless there s legal separation). Although it s considered an independent document. (n) A codicil is ALWAYS made after the original will. made after the execution of a will and annexed to be taken as a part thereof. 825. added to. 2. to whom or to whose spouse. or child.

Art 957 regarding nullity of legacies or devises by transformation. If burned. the will may still be established. or (3) By burning. or loss of the subject matter of the legacy or devise. tearing. If revocation takes place is the Philippines. Document/paper referred to exists at the time of the execution of the will. or according to the law of the place in which the testator had his domicile at the time. (n) Only specific provisions may be revoked by operation of law. A will may be revoked by the testator at any time before his death. 827. cancelling. 828. or other writing executed as provided in case of wills. alienation. by the testator himself. and the fact of its unauthorized destruction. codicil. 4. 3. Statement to this effect is unnecessary Will must clearly describe and identify the document. incorporates into itself by reference any document or paper. (n) the place where the will was made. (1) By implication of law. or obliteration are established according to the Rules of Court. or (2) By some will. by a person who does not have his domicile in this country. c. and by his express direction.e. . or obliterating the will with the intention of revoking it. cancellation. A revocation done outside the Philippines. cancelled. without the express direction of the testator. either the law of the testator s domicile at the time of revocation or the law of the place the will was made applies. 830. Philippine laws apply regardless of testator s domicile If revocation takes place outside the Philippines by a testator domiciled in the Philippines. The requisites for incorporation by reference are: 1. b.Revocation of Wills and Testamentary Dispositions a. false accusation of a crime for which the law prescribes imprisonment for 6 years or more. (n) Conflict rules on revocation: a. It may not necessarily be attached to the will. Purpose is to prevent insertions or deletions of pages. Some examples: SUBSECTION 6. 829. abandonment or corruption of children. conviction of an attempt against the life of the testator. (2) The will must clearly describe and identify the same. 2. when it is in accordance with the provisions of this Code. If a will. and (4) It must be signed by the testator and the witnesses on each and every page. 10 . Art. (737a) Art. Art. This requires a cear identification which must be stated in the will. (3) It must be identified by clear and satisfactory proof as the document or paper referred to therein. Art 1032 regarding the incapacity of certain individuals to succeed by reason of unworthiness (i. or by some other person in his presence. except in case of voluminous books of account or inventories. stating among other things the number of pages thereof. is valid when it is done according to the law of b. or obliterated by some other person. torn. No will shall be revoked except in the following cases: Incorporation by Reference is done merely by mentioning in the will that a certain document is referred thereto. Also ideal would be to describe the document by indicating the title and/or its nature Document referred to must be identified by clear and satisfactory proof as being that which is referred to in the will The required signatures (testator and witnesses) on every page of the document except in the case of voluminous books of account or inventories. Philippine laws apply If revocation takes place outside the Philippines by a testator NOT domiciled in the Philippines.Art. such document or paper shall not be considered a part of the will unless the following requisites are present: (1) The document or paper referred to in the will must be in existence at the time of the execution of the will. and if the revocation takes place in this country. and the estate distributed in accordance therewith. if its contents. stating among other things the number of pages thereof. executed as required by this Code. Any waiver or restriction of this right is void. and due execution.

4. Testator only alleges the belief as a reason for revoking. devisees or legatees designated therein. intending to revoke absolutely. The following are not considered as false cause. whether such belief were true or false Revocation is dependent merely upon information received or upon testator s opinion although he was misinformed or formed his opinion based on misapprehension When facts alleged by the testator were peculiarly within his knowledge or the testator must have known the truth of the facts alleged by him. after having made it should bring an action against the debtor for payment. A revocation of a will based on a false cause or an illegal cause is null and void. even if such payment should not have been effected at the time of death Preterition which annuls the institution of an heir but not the devises and legacies insofar as they are not inofficious Articles of the Family Code re decree of separation (Art 63) and termination of marriage (Art 43) shall disqualify the offending spouse who contracted the subsequent marriage in bad faith to inherit from innocent spouse Art 44 of FC.c. tearing. codicil or overt act. e. f. Express revocation may depend on a future event (i. cancellation or obliteration of the will by the testator or by another in his presence and by his express direction The completion of the subjective phase of the act (presenting proof of circumstances to show the he believed his act already revoked the will) b. 3. The legacy of credit or remission of a debt shall lapse if the testator. c. if i survive the operation. those persons who should cause the testator to make a will or to change one made through fraud. (n) Revocation based on a false cause . Testamentary capacity at the time of revocation Burning. Art. Subsequent will must be valid Subsequent will must either contain a clause expressly revoking the previous one or some irreconcilable provisions a. Will A is operational. The second will or codicil needn t be operative as long as it s valid. Art 50 disqualifies to inherit between those whose marriages are declared void ab initio or annulled by final judgment under Art 40 and 45. intimidation or undue influence and those who shall forge a supposed will Art 936 in re Art 935 concerning the legacies of remission against third persons. (n) Implied revocation based on irreconcilable inconsistencies. Even if the subsequent will/codicil is inoperative it is sufficient to a revocation of the first will. or by their renunciation. g. 2. Art. Subsequent wills which do not revoke the previous ones in an express manner. Revocation made under them is absolute: a. Intent to revoke or animus revocandi (alone not sufficient) Presumption of revocation when the will was last found to be in the testator s possession and such can no longer be found despite diligent search. 11 . Art. otherwise. Express revocation the revoking document. 832. all donations by reason of marriage and testamentary dispositions made in favour of the other is revoked. will or codicil has an express provision (revocatory clause) which revokes the previous one. both spouses of the subsequent marriage acted in bad faith. 831. 2. (740a) Basically the revocation of the first will is dependent on the validity and the admission to probate of the second will or the codicil. there would have been no revocation by the subsequent will. even if the new will should become inoperative by reason of the incapacity of the heirs. d. Had he known the truth. annul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills. Implied revocation the revoking document or will contains dispositions or provisions inconsistent with those of a previous will such that the later provision is the one given effect. A revocation made in a subsequent will shall take effect. violence. Will B) b.revocation by subsequent will or codicil and overt acts are invalid because the testator s consent is vitiated by mistake. 833. it doesn t matter whether they are true or not Revocation by the execution of a subsequent document: 1.e. Requirements of revocation by overt acts: 1.

838. If probate order has been issued and no timely appeal has been filed. the revocation of the second will does not revive the first will. If a second will EXPRESSLY REVOKES the first. The testator himself may. 837. The instrument is indeed the will of the testator Such was executed according to the formalities prescribed by law Testator had testamentary capacity at the time of its making 12 . the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. 1. If an original will if void as to form it can only be republished through re-execution or express republication. In such case. 2. the allowance of the will. 3. It may be post-mortem or ante-mortem. The first will can only be revived by another will or codicil. Implied republication if original will is valid as to form but void in other aspects it can be republished by republication through reference which means the execution of a codicil which contains sufficient reference to a previous will. . No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. during his lifetime. (n) Republication method by which the testator RESTORES TO VALIDITY as his will a previously executed will INVALID FOR WANT OF PROPER EXECUTION either as to form or as to substance. Takes effect upon the execution of the will and not upon the death of the testator. it becomes final and binding upon the whole world. the FIRST WILL IS REVIVED. (714) Recognition is not a testamentary disposition. (n) Art. The testator cannot republish. Revival Takes place by operation of law Only applies to impliedly revoked wills SUBSECTION 8. Express republication aka re-execution. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. shall be conclusive as to its due execution. the testator makes a second will expressly revoking the first. either during the lifetime of the testator or after his death. without reproducing in a subsequent will. even though the will wherein it was made should be revoked. Subject to the right of appeal. If after making a will. Republication An act of the testator Applies to wills expressly and impliedly revoked SUBSECTION 7. Art. the dispositions contained in a previous one which is void as to its form. . The recognition of an illegitimate child does not lose its legal effect. (n) Probate is a special proceeding to establish the validity of a will. Types of republication: 1. 836. It seeks to prove: 2. 2. The republished will shall speak as of date of republication and shall be governed by the formalities required by law at the time of republication. 834. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.Allowance and Disallowance of Wills Art. which can be revived only by another will or codicil. If the second will IMPLIEDLY REVOKES the first either by a new will or by overt acts. petition the court having jurisdiction for the allowance of his will. It is a proceeding in rem hence binding on all persons in interest. It may no longer be opened on a petition for annulment of judgment.Republication and Revival of Wills Art.Art. 835. the revocation of the second will WILL NOT REVIVE THE FIRST. The whole document must be re-written. (739a) Rules on revivial: 1.

qualification of beneficiaries. the 3 items above) If proven. depriving the testator of a reasonable freedom of choice. 13 . (2) If the testator was insane. or threats. It is also fraud when such expert gives an opinion which was relied upon due to such expertise. or the influence of fear. (i. Special fraud based on confidential relations with another. (3) If it was executed through force or under duress.e. Once the extrinsic validity of the will is established and the court issues a probate order allowing the will into probate. (4) If it was procured by undue and improper pressure and influence.Stages of a probate proceeding: 1. It s a substitution of the testator s will with another. The will shall be disallowed in any of the following cases: (1) If the formalities required by law have not been complied with. on the part of the beneficiary or of some other person.e. plaintiff v defendant Victor to those who provide preponderance of evidence Special proceeding Seeks to establish a right. (n) Fraud occurs when there is deception either through words or machinations.e. It occurs when a person takes improper advantage of his power over the will of another. the court shall issue an order allowing the will Distribution stage the will is enforced according to its provisions as long as it doesn t violate law. otherwise no undue and improper influence or pressure can exist. Probate proper determination of the extrinsic validity of the will. 2. Issues or ownership of properties may be determined provisionally by the court in order to give effect to the will. the court has limited jurisdiction to determine what may or may not be included in the inventory. ignorant or in financial distress. Normally dependent on good faith which implies the lack of intentional design to do a wrongful act. Misrepresentation is generally not sufficient to nullify a will. Undue influence or pressure can also exist when a testator is mentally weak. Undue and improper pressure or influence influence or pressure must be undue to nullify a will. (5) If the signature of the testator was procured by fraud. Such fraudulent scheme must be the proximate case for the testator to make a will. status or fact Non-adversarial in nature No victor Art. Ordinary action Seeks to address a wrong or a violation of a right Adversarial in nature. etc) (6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. The parties may still file an action for reconveyance in order to settle issues of ownership. law on legitimes. (i. physician or lawyer) such confidant is required to disclose facts that will affect the decision of the testator to make a will. (i. depriving the latter of a reasonable freedom of choice. at the time of its execution. There must be some form of moral ascendancy. 839. or otherwise mentally incapable of making a will.

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