Interpretation of Wills

 Interpretation
of wills is to be
governed by lex nationalii.

 If
terms are clear & unambiguous:
lex intentionis
 Whenthere are ambiguous
provisions: intention of party
may be inferred by referring to
context of the will & the
testator’s acts.
 Article
1371. In order to
judge the intention of the
contracting parties, their
contemporaneous and
subsequent acts shall be
principally considered.
(1282)
 Article1375. Words which
may have different
significations shall be
understood in that which is
most in keeping with the
nature and object of the
contract. (1286)
 1) The interpretations of such should be
determined in accordance w/ laws & customs
of that state most probably in mind of
testator

 2) In case a will admits of different

dispositions, the interpretation by which the
disposition is to be operative shall be
preferred
 Article 788. If a testamentary
disposition admits of different
interpretations, in case of doubt,
that interpretation by which the
disposition is to be operative shall
be preferred. (n)
 Article 829. A revocation done outside the
Philippines, by a person who does not have
his domicile in this country, is valid when it is
done according to the law of the place where
the will was made, or according to the law of
the place in which the testator had his
domicile at the time; and if the revocation
takes place in this country, when it is in
accordance with the provisions of this Code.
(n) Revocation: 1. lex loci celebrationis 2. lex
domicilii 3. according to our Code
 1. lex loci celebrationis

 2. lex domicilii

 3. according to our Code

 Article 830. No will shall be revoked except in the following
cases:

 1) By implication of law; or

 2) By some will, codicil, or other writing executed as provided in

case of wills; or

 3) By burning, tearing, canceling, or obliterating the will with the

intention of revoking it, by the testator himself, or by some other
person in his presence, and by his express direction. If burned,
torn, cancelled, or obliterated by some other person, without the
express direction of the testator, the will may still be established,
and the estate distributed in accordance therewith, if its
contents, and due execution, and the fact of its unauthorized
destruction, cancellation, or obliteration are established
according to the Rules of Court. (n)
 Problem: Testator revokes his will in then
domicile State A and dies in his new domicile
State B. If his revocation under the laws of
State A is invalid under State B laws, what law
will apply?

 Common law practice: law of the domicile at

the time of death.

 Philippine law: law of the place of revocation.

 is the adjudication that the last will and
testament of a person was executed with all
the formalities required by law

 as part of the procedural law, probate is

governed by the law of the forum

 but the forum will still have to look at the

foreign law conerning compliance with
extrinsic validity
Rule 76 Section 9

 if not executed and attested as required by

law;

 if the testator was insane, or otherwise

mentally incapable to make a will, at the time
of the execution;

 if it is executed under duress, or the

influence of fear or threats;
 if it was procured by undue and improper
influence, on the part of the beneficiary, or of
some other person for his benefit;

 if the signature of the testator was procured

by fraud or trick, and he did not intend that
the instrument should be his will at the time
of fixing his signature thereto.
Rule 77 Section 1 - Will proved outside
Philippines may be allowed in the Philippines.

Common Law Conflicts Rules:

1. If the will is valid under the laws of the last
domicile, he will is valid everywhere with
respect to movable property

2. but the probate in the last domicile does not

affect real property, as these will be governed
by lex situs.
In deciding the matter re reprobate of the Will, the
necessary evidence that should be smitted are:
1. the due execution of the will in accordance with
the foreign laws;
2. the testator has his domicile in the foreign country
and not in the PH;
3. the will has been submitted to probate in such
country;
4. the fact that the foreign tribunal is a probate
court; and
5. the laws of a foreign country on procedure and
allowance of will.
Duties of the Administrator:

 to manage and settle the debts of the

decedent (pimary purpose)

 to distribute what's left of the estate to the

hiers (secondary purpose)
 Domiciliary - power over assets located in
state

 Ancillary - appointed by a foreign court to

look after the properties located in such
foreign state
Held:

BCI is a Philippine corporation. The situs of

shares of stock is the place of domicile of the
corporation. And since the power of the
ancillary administrator over shares located here
in the PH is beyond question, it follows that the
stocks should be in the possession of Tayag
(the ancillary administrator).
 a right of property, real or personal, held by
one party for the benefit of the other;

 the trust contains an express choice-of-law

provision - courts should respect and carry
out the intent of the creator of the trust;

 when the trust does not contain an express

choice-of-law provision, the Court will deem
controlling the law that will sustain the
validity of the trust.
Thank you!