774 Death is prereq, see also 777

XPN: presumption of death

1. Ordinary absence 10yrs if less than 75; 5yrs if 75 or older
2. Extraordinary 4 yrs
REMEMBER Lorenzo v Posadas (777; tax case also)
777 moment of death transmits successional R
Heir- called to succeed in universal title
Legatee/Devisee- Particular title
Dee = real/immovable property
Lee = personal/movable
854 Preterition institution of heirs are annulled in cases of pret; lee/dee remains
953? After acquired property as GR Lee/Dee does not have R over after acquired
prop; unless clear intent otherwise
873 characteristics
Act by which a person is allowed by law to
1. Act mortis causa
2. Personal; cannot be delegated
3. Solemn/Formal ; see notarial will
4. Ambulatory/Revocable; may be revoked anytime without cause
786 v. 785 law allows Tr to leave specific sum of money ifo a class
I leave 50M for street children of Makati, I leave to the executor how the
When named, it is 785 that controls. disposition cannot be left in discretion of 3*
person
Ambiguity
Patent (obvious; I give 2 of my 5 bros, my house in QC does not know which 2 of
the 5 bros. SOLN: intrinsic evid, or extrinsic evid EXCLUDING ORAL DECLARATION
OF Tr) v Latent (Not obvious; I give my house to my son Jose upon distribution all
sons are named Jose; same soln)
Laws governing wills
1. Forms and solemnities law effective upon execution; also lex loci
celebrationis or lex nationalis
2. Intrinsic/Inherent validity laws upon transmission, national laws
3. XPN: retroactive effect
4. XPN to XPN: vested rights
ASPECTS
1. Order or succ
2. Amount of successional R
3. Intrinsic validity
4. Capacity to succees
Testamentary Capacity

1. Legal age, 18
2. Sound mind (Art. 799: object of bounty (who are related to him, who are the
legal heirs, in normal course life), nature of estate, character of testamentary
act)
PRESUMPTION is = SUONDNESS of mind
XPN: presumption is unsoundness if 1. Publicly known to be insane; 2. Placed
under guardianship
NB: subsequent insanity does not invalidate will; conversely, incapacity upon
execution remains invalid
Forms and Solemnities
Art.805-814
Art. 805
1. Signed at the end (end = after last disposition)
2. Signed in presence of 3 comp Wss
Witnesses:
1. 18/legal age
2. Literate
3. Not blind/dumb
4. Domiciled of PH
5. No prior conviction of falsification
See provision of Lee/Dee/heirship IFO witness, spouse, parent, child will
valid disposition voided
3. At least 3 competent Witnesses; signed in presence of Tr and of one another
PRESENCE: no Actual sight
Could have seen, had you chose to see
Freedom from obstruction, and capacity to sense/observe the act had
chosen to do so
4. Marginal signatures of Tr and Wss on ALL pages, except the last
5. Marginal signature is separate from attestation clause (if Wss merely signed
on marginal, and on attestation clause is not signed = VIOD WILL see Azuela
v CA)
6. See requirements of valid attestation clause (3)
a. signed in the presence of each other
b. total number of pages used
c. Tr signed in their presence or by any other person authorized by Tr
GR: if attestation clause lacks a requirement = void
XPN: if what is lacking can be found in the will itself w/o extrinsic evid =
VALID i.e. num of pages
NB: if will isgned by a 3*
7. Must be Notarized see auth of notarypub; must have performed within
jurisdiction
a. Acknowledgement of Wss and Tr may be done separately
8. a
See Art 808. For blind or illiterate persons (Alvarado vs Gabiola; substantial
compliance)
Icasiano v Icasiano orig did not have marginal signature; upon opposition on
probate; duplicate orig was presented and it was regular = thus allowed for probate

BUT if no duplicate orig; VOIDed

810 Holog
Entirely written, dated, and signed
Date is essential (roxas v de jesus; month and year is substantial compliance in
absence of fraud)
1 witness valid
See 811 on witnesses upon contention
DATE is Essential
Inserion/cancellation/alterarion
= must be authenticated by Full signature of Tr
REMEMBER 4 situations by Tolentino in case there is alteration by 3*
Made w/o knowledge and consent as if nothing made
Made w/ consent and knowledge ignore; will valid
Authenticated by Tr whole will is VOID
Insertion made simultaneous VOID
SEE KALAW vs RELLOVA
Codicil
- supplement to a W, modify alter explain
- Forms & Solemnities requirements same as W
827 Incorporation by reference
- Existent at time of reference, not future/contingent; Must clearly describe;
identified by clear proof; signature on every page
Revocation
- No reason needed to rveoko
1. By implication/operation of law (legal sep, preterition, lee/dee of a creditor
who subsequently instituted action to recover, unworthiness of heir, etc)
2. Expressed or implied (express: if will revoked is MENTIONED/IDENTIFIED My
1988 Will; implied if all wills specific mention)
3. Burning, tearing, canceling, obliterating WITH ANIMUS REVOCANDI
a. Physical act ALWAYS COUPLED with intent
b. Act must be subjectively complete
4. Doctrine of Dependent Relative Revocation
Art 833, applies only if cause of revocation is stated in will
Undue influence will of Tr so over powered by will of another where he is unable to
express his own will
See revilla v _____ nephew on don cayetano revilla [undue influence to commit
fraud]
Institution of heair need not be determinate it is ok if determinable
Persona inserta is void; share accrues to intestate succession

846? Rule of equal division heirs instituted in absence of specification, they inherit
equally
Art 850 statement of false cause, simply be ignored. Xpn: if cause is reason to
institute as Hr/Lee/Dee
856 Preterition
Omission of compulsory Hr in direct line
If omission is intentional = still preterition (Ventura v ventura)
I don not consider X as my son = imperfect disinheritance
*** If will contains overt attempt on FACE = imperfect disinheritance; will is simply
silent = preterition
Omission must be TOTAL AND COMPLETE; no donation inter vivos, advance in
legitime, lee, dee, AND omission must be COMPLETE = disposition of entire estate
855
Substitution of Heirs
1. Simple
2. Compenduous
3. Alternate
4. Art 863 Fideicommissary Substitution
a. By Expressly calling it as such
b. By imposing upon 1st heir the ABSOLUTE obligation to preserve and
transmit the propert
c. Requirements
i. Both Heirs Fiduciary Heir and Fideicommisary Substitute BOTH
ALIVE
ii. FideiSub must be ONE DEGREE AWAY FROM FIDUCIARY HR
parents/offspring ONLY
iii.
See CRISOLOGO v SINGSON
Diposistion captatoria disposition IFO of a Dee/Lee/HR subject to a condition of a
testaemenary disp of the Lee/Dee/Hr IFO of Tr or 3*; null and void
880 ONLY refer to suspensive (under administration) condition
885 suspensive (in mean time Legal Hrs, with bond/security)/resolutory (in mean
time give to Hr, NO SECURITY/BOND) term/period (condition suspends; does not
obligate)
Institution Modal/Submodo: see Rabadilla vs ______
1. Identifies mode (mode obligates, does not suspend)
2. Specifies charges
LEGITIMES MEMORIZE
NEXT MEETING: reserva truncal, up to last

Collation
1. Addition add all
2. Imputation
3. Charging
4. Remember grandchildren Rule 1064
5. Remember 1067
a. Support
b. Education, up to High School (college on 1068 )
c. Medical expenses
d. etc
Disinheritance
1. Requisites:
a. By a will
b. Valid cause
c. Cause existing at time of disin
d. Cause must be stated in will
2. Grounds:
a. cONVICTION of an attemopt to life
b. use of fraud, intimidation, violence to cause a will or alter one aleady
made
c. ssss
3. dsd
Remember 950, when conflict is exclusively betweel Lee&Dee
911 applies if there are conflicts with: legitime or donacion inter vivos
==== INTESTATE
1. Preference between Lines: direct descending > preferred over direct
ascending > collateral = RESULTS to exclusion
2. Proximity nearer relative in degree excludes farther, XPN: 1. preference net
lines, 2. Order of intestate succs
3.