The right of succession are transmitted from

the moment of the death of the decedent. The

validity of the will as to its form depends upon
the observance of the law in force at the time it
is made.
Notarial will. In the presence does not
necessarily require actual seeing w/o physical
obstruction. Hence when person merely has his
back turned, the signing is done in his presence
sin he could not cast his eyes in the proper
direction.
Signature of testator. A thumbmark has been
considered by the SC as a valid signature if
intended by the testator to be his signature.
The testator and instrumental witnesses shall
also signed in each every page thereof, except
the last , on the left margin. All pages shall be
numbered on the upper part of every page. The
attestation clause shall state the no, of pages
used upon w/c the will is written. Every notarial
will must be acknowledge before a notary
public by the testator and the witnesses.
Two readings rule if the testator is blind, the will
shall be read to him twice, once ; by one of the
subscribing witnesses, and again by the notary
public before whom the will is acknowledged.
Probate of holographic will if not contested
only the testimony of one witness who knows
the hand writing and signature of the testator is
needed.
If contested, at least 3 of such witnesses are
required. In the absence of said witnesses
expert testimony may be presented.
Incase holographic will lost or destroyed gen
rule, cannot be probated. Exception if there
exist photostatic or Xerox copy thereof. In case
of insertion, cancellation, erasure, alteration in
a holographic will or on testators signature the
lack of authentication will only result in
disallowance of such changes but the will is
valid.
Insertion or cancellation amounts to revocation
of the will substituting the original heir w/
another , the will may not be probated because
it had already been revoked.
Will executed by fil abroad, he is authorized to
make a will in any of the forms establish by the
law of the country in w/c he may be. Such will
may be probated in the Phil.
May be given
effect in the phil excuted by alien. When it
accordance w the formalities extrinsic validity ;
the place of the residence or domicile; his own
country and nationality; the Phil ;or the law of
the place of the execution.
Made in the phil
executed by alien, shall
likewise may be given effect in accordance w/
the law as to formalities extrinsic validity.

Joint will is void. It is executed by two or more

persons in the same instruments enter for their
reciprocal benefit or for benefit of a third
person is void being contrary to public policy.
Prohibition applies only to a Filipinos . It does
not apply to aliens executed in accordance
w/the laws of their country. Disallowance of the
will; non-compliance w/the formalities; testator
was insane from the time he executed the will;
the will executed through force, duress, undue
influence of fear, or threats; the signature was
procured by fraud etc.
Preterition , it is a total omission of a
compulsory heir in the direct line from
inheritance. The omission by the testator of his
spouse not constitute preterition.
Effects the institution of heirs is annulled. It is
as if there was no institution. Hence the
intestate succession shall take place.
Devises and legatees are valid in so far as they
are not inofficious. The omission must be total
and complete in character in such a way that
the omitted compulsory heir did not has
received anything from the testator by any title
whatsoever. Substitution of heirs, it is the
appointment of another heir so that he may
enter into the inheritance in default of the heir
originally instituted. Simple substitution when
testator designates one or more heirs to
substitute in case such heirs should ;
predecease; renounce
or repudiate; be
incapacitated.
Legitime. Compulsory heir is whom the law
reserved a portion of testator estate.
Fideicommissary. It is that w/c takes place when
the fiduciary or first heir instituted is entrusted
w/ the obligation to preserve and to transmit to
a second heir the whole part of the inheritance,
provided such substitution does not go beyond
one degree from the heir originally instituted,
and provided further, that the fiduciary or first
heir and the second heir are living at the time
of the death of the testator. Under art 866
fideicommissary substitution the second heir
shall acquire a right to the succession from the
time of the testators death. Brothers and sister
are not compulsory heirs. Therefore testator
who has no compulsory heir can bequeath his
entire estate to anyone who is not incapable to
inherit.
Legitime of the legitimate children of the
estate of the father and of the mother. The
remaining half is subject to the legitimes of the
surviving spouse and the illegitimate children if
any exist. The remaining portion thereof is
considered as free portion.
Reserve troncal. Elements; the ascendants
brother sister , otherwise known as the origin of
the property, from whom the descendants
propositus has acquired the property by

gratuitous title; the descendant-propositus ,

from whom the ascendant-reservista in turn has
acquired the property by operation of law; the
ascendant=-reservista who is obliged to
reserve the property and; the relatuves of the
propositus, otherwise known as the reservista
or reserves, who are w/in the third degree and
who belong the line from w/c the property came
from and for whose benefit the reservation is
constituted.

Rule on donation relate to collation. Shall be

charge to their legitime.

Legitime of illegitimate children shall consist of

one-half of the legitime of a legitimate child.

Ineffective disinheritance. w/o a specification of

the cause , or for a cause the truth of w/c if
contradicted , is not provided, w/c is not one of
those set forth in this Code , shall annul the
institution of heirs insofar as it may prejudice
the person disinherited but the devisees and
legacies and other testamentary disposition
shall be valid to such extent as will not impair
the legitime.

The legitime of the illegitimate children shall

taken from the portion of the estate at the free
disposal of the testator provided; the total
legitime of the illegitimate children shall not
exceed the free portion; the legitime of the
surviving spouse must first fully satisfied.

Donation to strangers shall be charged to the

disposable portion of the estate of the testator,
if these donations are in officious or exceed the
disposable portion, they shall be reduced
accordingly.
Disinheritance can be effected only through will
but must state the cause of action.