CIVIL LAW: SUCCESSION

1. Neither can he impose upon the same any burden,

encumbrance, condition, or substitution of any kind
whatsoever. (Article 904, Civil Code)

2. Attestation Clause – An attestation clause refers to that

part of an ordinary will whereby the attesting witnesses
certify that the instrument has been executed before them
and to the manner of the execution the same. It is a separate
memorandum or record of the facts surrounding the
conduct of execution and once signed by the witnesses, it
gives affirmation to the fact that compliance with the
essential formalities required by law has been observed. It
is made for the purpose of preserving in a permanent form a
record of the facts that attended the execution of a
particular will, so that in case of failure of the memory of
the attesting witnesses, or other casualty, such facts may
still be proved.1

3. Extrinsic Validity of the Will – the extrinsic validity of

the will refers to a finding by a trial court that all the
formalities of either a holographic or notarial will have
been sufficiently complied with, leading to the legal
conclusion that the will submitted to probate is authentic
and duly executed. Dorotheo v. Court of Appeals, 377 Phil.
851 (1991), elaborates:

It should be noted that probate proceedings deals

generally with the extrinsic validity of the will
sought to be probated, particularly on three
aspects:

a. whether the will submitted is indeed, the

decedent's last will and testament;

1
Caneda v. CA, GR No. 103554, May 24, 1993

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b. compliance with the prescribed formalities

for the execution of wills;

c. the testamentary capacity of the testator;

d. and the due execution of the last will and

testament.

The extrinsic validity of a will, that is, that the

document purporting to be a will is determined to
be authentic and duly executed by the decedent, is
different from its intrinsic validity.

4. Intrinsic Validity of the Will - The intrinsic validity of the

will "or the manner in which the properties were
apportioned," refers to whether the order and allocation of
successional rights are in accordance with law. It can also
refer to whether an heir has not been disqualified from
inheriting from the decedent.2

5. Joint Wills – it is execution of a will by two or more

persons conjointly or in the same instrument either for their
reciprocal benefit or for the benefit of a third person.

The provision of article 669 of the Civil Code prohibiting

the execution of a joint will. The reason for this provision,
especially as regards husbands and wife is that when a will
is made jointly or in the same instrument, the spouse who is
more aggressive, stronger in will or character and dominant
is liable to dictate the terms of the will for his or her own
benefit or for that of third persons whom he or she desires
to favor. And, where the will is not only joint but
reciprocal, either one of the spouses who may happen to be
unscrupulous, wicked, faithless, or desperate, knowing as
2
In re: Petition to approve the will of Lipson v. Judge Pacis-Trinidad,
GR No. 229010, November 23, 2000

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he or she does the terms of the will whereby the whole

property of the spouses both conjugal and paraphernal goes
to the survivor, may be tempted to kill or dispose of the
other.3

3
In re: Will of Bilbao v. Bilbao, GR No. L-2200, August 2, 1950