Académique Documents
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- SUCCESSION
CHAPTER 1
GENERAL PROVISIONS
Art. 774. 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. 777. The rights to the succession are transmitted from the moment of
the death of the decedent. (657a)
Conditions to the transmission of successional rights
o There has been a death
Actual death
o
o
o
Art. 779. Testamentary succession is that which results from the designation
of an heir, made in a will executed in the form prescribed by law. (n)
Done through
o Will
o Codicil
Will or codicil may be
o Notarial
o Holographic
In case of doubt, testamentary succession is preferred over intestate succession
Art. 780. Mixed succession is that effected partly by will and partly by
operation of law. (n)
Art. 781. The inheritance of a person includes not only the property and the
transmissible rights and obligations existing at the time of his death, but
also those which have accrued thereto since the opening of the succession.
(n)
Art. 782. An heir is a person called to the succession either by the provision
of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal
property are respectively given by virtue of a will. (n)
Art. 783. A will is an act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of this
estate, to take effect after his death. (667a)
Essential elements
o The making of a will is a statutory right: making of a will is considered
subordinated to both the law and public policy
o Unilateral act. No acceptance by the transferees are needed while testator
is alive
o Solemn or formal act. Executed in accordance with the formalities
prescribed by law
o There is animus testandi (intent to make a will)
o Testator must be capacitated to make a will
o The will is strictly a personal act
o It is effective mortis causa
o It is essential revocable or ambulatory
o It is free from vitiated consent
o It is an individual act
Art. 784. The making of a will is a strictly personal act; it cannot be left in
whole or in part of the discretion of a third person, or accomplished
through the instrumentality of an agent or attorney. (670a)
Particular names are not designated but only a class or cause is specified. In
785, names of particular persons are given.
Specified class: top ten in the bar examinations
Specified causes: charitable institutions
In these cases, the distribution, partition, or delivery and the designation of who
will receive, and how much (as long as the fall within the class or cause and as
long as specific property or sum of money has been set aside for the purpose) can
be entrusted to a third person
Art. 787. 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. (n)
Non-determination by third persons
Art. 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)
Applies only if there is doubt
The intention and desires of the testator if clearly expressed in the will, constitute
the fixed law of its interpretation
evidence
Doubt arises because of things outside of the will (e.g. i institute my
brother-in-law and testator has 2 brother-in-laws)
Ambiguity arises because
Imperfect description of the heir
Imperfect description of the gift being given
Art. 790. The words of a will are to be taken in their ordinary and
grammatical sense, unless a clear intention to use them in another sense
can be gathered, and that other can be ascertained.
Technical words in a will are to be taken in their technical sense, unless the
context clearly indicates a contrary intention, or unless it satisfactorily
appears that he was unacquainted with such technical sense. (675a)
Rules for the interpretation of words
o Ordinary words have their ordinary meanings
Exception: clear intention that another meaning was used provided
o
If the testators intention is manifest from the context of the will and
surrounding circumstances, but it obscured by inapt and inaccurate modes
of expression, the language will be subordinated to the intention.
Art. 791. The words of a will are to receive an interpretation which will give
to every expression some effect, rather than one which will render any of
the expressions inoperative; and of two modes of interpreting a will, that is
to be preferred which will prevent intestacy. (n)
Interpretation as a whole
Preference for testacy applies only when the will was validly made
death)
o
GR: what are given by the will are only those properties already possessed
and owned by the testator at the time of the making of the will was
made and not those acquired after
Exceptions
If it expressly appear in the will that it was the intention to give
such after-acquired properties
I give to X all my cars including cars I will acquire before I
die
Art. 794. Every devise or legacy shall cover all the interest which the testator
could device or bequeath in the property disposed of, unless it clearly
appears from the will that he intended to convey a less interest. (n)
What interest may be disposed of
o GR: entire interest of the testator in the property is given
o Exception
Testator intended to convey a less interest and such intent appears
in the will
He can convey a greater interest
He can convey property which he very well know does not belong to
him provided it also does not belong to the legatee or devisee.
Art. 795. The validity of a will as to its form depends upon the observance
of the law in force at the time it is made. (n)
Place
If 17 years old makes a will, it is void whether or not there was parental consent
Art. 798. In order to make a will it is essential that the testator be of sound
mind at the time of its execution. (n)
Requirement of soundness of mind at the time of the execution of the will, not
before nor after
Art. 799. To be of sound mind, it is not necessary that the testator be in full
possession of all his reasoning faculties, or that his mind be wholly
unbroken, unimpaired, or unsheltered by disease, injury or other cause.
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, the proper objects of his
bounty, and the character of the testamentary act. (n)
Art. 802. A married woman may make a will without the consent of her
husband, and without the authority of the court. (n)
A married woman may only dispose of her share in the property and must
respect the legitime of her compulsory heirs
SUBSECTION 3. - Forms of Wills
Art. 804. Every will must be in writing and executed in a language or dialect
known to the testator. (n)
witnessed and signed the will and all the pages thereof in the presence of
the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it shall
be interpreted to them. (n)
If a witness fails to sign the 3rd page of a 5 page will but was
able to sign all the pages of the duplicate, the omission is not a
fatal defect
Attesting witnesses must be the same persons who affix the
marginal signatures. Otherwise, the will is void
Credible witness is one possessed of the qualifications imposed by
law and he is able and competent to testify.
o All the pages shall be numbered correlatively in letters placed on the upper
portion of each page
Not necessary to number the first or last page as long as the
attestation clause states that the will consist of X pages besides
this one
o Attestation clause shall provide
The number of pages upon which the will is written
That the testator signed or caused another person to sign the will
and every page thereof in the presence of the instrumental witnesses
That the instrumental witnesses witnessed and signed the will and
all the pages thereof in the presence of the testator and of one
another
Absence of attestation clause is a fatal defect
If the attestation clause is not signed by the attesting witnesses at
the bottom thereof, will is void
Failure of the attestation clause to state the number of pages is
fatal defect. But if the number of pages is put down somewhere
else in the will, as long as there is no extrinsic evidence, there is
substantial compliance
Attestation clause is not part of the will itself but may be
incorporated
Attestation clause is the act of the witnesses and need not contain
the signature of the testator
Testator and the witnesses do not have to make the acknowledgement in each
others presence because this is only required in the attestation
Notarial will is not a public instrument.
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the
will, if able to do so; otherwise, he shall designate two persons to read it
and communicate to him, in some practicable manner, the contents
thereof. (n)
Substantial compliance
o As long as the purpose sought by the attestation clause is obtained, the
same should be considered valid
o Refer to defects in form of attestation and language used
Substantive defects can be cured through
o Evidence within the will itself and not by evidence aliunde or extrinsic
evidence
Art. 810. A person may execute a holographic will which must be entirely
written, dated, and signed by the hand of the testator himself. It is subject
to no other form, and may be made in or out of the Philippines, and need
not be witnessed. (678, 688a)
Holographic will
o Written, signed and dated by the hand of the testator
Formalities
o Language must be known to the testator
o Will must be entirely written in the hand of the testator himself (if he can
write with his foot, it is ok)
If printed, the will is void
o Will must be dated
If no date is given, the will is null and void
Date must be complete but reference to holidays are ok ie
Independence Day 2002; or June 8/02
Unless the unauthorized alterations, cancellations or insertions were
made on the date of the holographic will or on testators signature,
their presence does not invalidate the will itself.
o Will must be signed by the testator himself
Full or customary signature is needed not the full name
Signature must appear at the end of the will
o There must be animus testandi
o It must be executed at the time that holographic wills are allowed and
not before, the time of death being immaterial.
Other features
o No witnesses are required
o No marginal signatures on the pages are required
o No acknowledgement is required
Art. 812. In holographic wills, 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. (n)
Art. 813. When a number of dispositions appearing in a holographic will are
signed without being dated, and the last disposition has a signature and a
date, such date validates the dispositions preceding it, whatever be the
time of prior dispositions. (n)
o Preceding dispositions which are signed but not dated will be validated
If done by another without the consent of the testator, it will not
affect previous dispositions which remain void if they are void;
remain valid if they are valid
If done by another with the testators consent, same effect s above
o Preceding dispositions which are not signed but dated are void
o Preceding dispositions which are not signed and not dated are void
Art. 814. In case of any insertion, cancellation, erasure or alteration in a
holographic will, the testator must authenticate the same by his full
signature. (n)
Art. 818. Two or more persons cannot make a will jointly, or in the same
instrument, either for their reciprocal benefit or for the benefit of a third
person. (669)
Joint wills
o Those which contain in ONE instrument the will of two or more persons
jointly signed by them
Reciprocal or mutual wills
o Those that provide that the survivor of the testators will succeed to all or
some of the properties of the decedent
o A made a will making B his heir. B made a will making A his heir
o By themselves are valid but if made in one instrument, it is void
o Reciprocal wills between H and W, as long as not made jointly are valid
Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a
foreign country shall not be valid in the Philippines, even though
authorized by the laws of the country where they may have been executed.
(733a)
Joint wills executed abroad by Filipinos are void (against public policy)
Joint wills executed abroad by foreigners and in accordance with Article 816 is
valid
Cases:
http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55344
http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47426
http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26781