774. 775. 776. 777. 778. 779. 780. 781. 782.

Succession is a mode of acquisition Decedent is a general term Inheritance include all not extinguished by them Transmitted at the moment of death Testamentary,legal,mixed Testamentary is the result of the designation of heir Mixed succession The inheritance but also those which have accrued Heir either by will or by operation of law, devisee and legatees

Testamentary Succesion Section 1. Wills Subsection 1. Wills in general 783. A will is an act 784. Making of will is stricktly a personal act, cannot be left in discretion 785. The duration and efficacy of the designation of heirs, or determination of portions which they are to take when referred to by name 786. May entrust the DISTRIBUTION of specific property or sums of money he may leave in general to specified classes or causes 787. Should not determine the operativeness 788. If doubt, in favor of operative 789. Extrinsic and intrinsic doubt excluding oral declarations 790. Taken at ordinary and grammatical sense , technical words in technical sense except when drawn solely, contray intention, unacquainted 791. Choose which will prevent intestacy 792. Invalidity of one does not affect others unless he would have not made if first desposition is invalid 793. Property acquired after making shall only pass should it expressly appear that such was the intention 794. Devise or legacy shall convey all interest unless clearly appears from the will that he intended to convey a lesser interest 795. Validity as to form at time it was made Subsection 2 Testamentary Capacity and Intent 796. All not prohibited by law 797. Underage cant make a will 798. Should be of SOUND mind 799. Sound mind, does not need to be in FPOAHRF, or his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. Sufficient if 1. Nature of the estate 2. Object of bounty 3. Character of testamentary act 800. Presumption of sound mind / unless one month or less before making his will 801. Supervening capacity and incapable 802. Married woman

803. Married woman separate property 804. Every will must be in writing and executed in a language or dialect known to the testator 805. Form 806. Must be acknowledge before a notary public by the t and w. 807. If deaf or deaf-mute, personally read it or designate two persons to read it and communicate it to him in some practicable manner 808. Blind, read 2 (1) notary (1) witness 809. Substantial compliance in the form of attestation 810. Holographic will. Must be entirely written, dated and signed by the hand of the testator himself. 811. Probate one witness/ if contested 3 witnesses/ if absent competent witness then expert testimony 812. If dispo below his sigh, it must be dated and signed by him 813. If no date, then naai date sa last and signature, it valdates 814. In case of insertion, cancellation, erasure or alteration, authenticate by FULL SIGNITURE 815. If pinoy, ok ra law on form sa uban nasod 816. If alien who is abroad ok ra residence, citizenship or Philippines 817. If alien who is in PINAS, ok ra even if law on form is iya country 818. No joint will, or same instrument, reciprocal benefits, or benefit of third person 819. Will prohibited executed by Pinoys in a foreign country is not valid 820. Sound mind, 18 above, not blind, deaf, dumb able to read and write maybe a witness to a will 821. Disqualified (1) not domiciled (2) convicted of falsification of docu, perjury or false testimony 822. Supervening incompetence of witness does not effect 823. To whom or to whose Spouse, parent or child void, unless there are other 3 competent witnesses 824. Creditors can be competent witnesses Codicils and Incorporations 825. A codicil is a supplement or addition 826. To be effective, it should be executed as in the case of a will 827. Incorporate any docu or paper must be (1) existing (2) clearly described and identify # of pages (3) clear and satisfactory proof (4) signed by testator and witnesses Subsection 6 Revocation of wills and testamentary disposition 828. May be revoked any time 829. Revocation done outside the Pinas is valid (1) law of the place (2) law of the place he had domicile (3) if pinas, according to this code 830. No will shall be revoked except in the following cases (1) by implication of law (2) by some will, codicil or other writing (3) by BTCO with

intention of revoking it. If done by some other persons, the will may still be established if established according to the rules of court 831. If implied only annuls inconsistent provisions 832. A revocation made in a subsequent will shall take effect, even if the new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or by their renunciation 833. A revocation of a will based on a false cause o an illegal cause is null and void 834. Recognition of illegitimate child stays 835. Reproduce the disposition if the prior one is void as to its will 836. Effect of the execution of a codicil referring to a previous will 837. Revocation of second will does not revive the first will