Rules on Validity of Wills

Validity of wills consists of 2 parts: extrinsic and

intrinsic. Extrinsic validity refers to the forms and
solemnities prescribed by law. Intrinsic validity
refers to the legality of the will's provisions.
Extrinsic Validity
1.) From the viewpoint of time: the laws in force at
the time the will was made.
2.) From the viewpoint of place/country:
a.) If the testator is a Filipino, he can observe
Philippine law or the law of the country where he
executes the will.
b.) If the testator is a foreigner living abroad, he can
follow the law of his domicile (the country he's
permanently staying in,) the law of his home
country or Philippine law.
c.) If the testator is a foreigner in the Philippines, he
can either follow the law of his home country or
Philippine law.
Intrinsic Validity

1.) From the viewpoint of time: the law in force at

the time of the testator's death governs succession
rights.
2.) From the viewpoint of place/country: the
national law of the testator governs, regardless of
the place the will was executed or where the
testator died.
Art. 795 of the Civil Code says that the law in force
at the time the will was made governs its form.