Caneda v.

CA Language of the attestation clause need not to be known by the nor to the attesting
witnesses.
Javellana v. Ledesma The law does not require that execution and acknowledgement be done at the same
occasion.

Gan v. Yap The holographic will must be presented.

Rodelas v. Aranza Photostatic Copy

Kalaw v. Relova A change done by cancellation and putting in a new name, without the full signature is
not valid.

Gago v. Mamuyac Revocation of the testator: Absence of competent evidence to the contrary, the will was
cancelled or destroyed by the testator.

Reyes v. Baretto-Datu There is no preterition if the heir is given testamentary disposition, even if it be less than
her legitime. May demand the full legitime
Nuguid v. Nuguid If compulsory heir in the direct line are preterited and the free portion has been
distributed, the annulment of heir will in effect annul the institution.

Suroza v. Honrado Language of the will should be known by the testator.

Barut v. Cabacungan Requirement for Agent:
1. Agent must write the name of the testator by hand
2 Advisable if the agent write also his name
Garcia v. Vasquez Additional Requirement for a blind testator

De La Cerna v. Potot : A joint will is executed by a husband and wife, husband died first. Followed by the
wife. First probate is only valid on the share of the husband. It cannot be applied to the
wife because she was still alive. Her properties will pass by intestacy.
PCIB v. Escolin Reciprocal wills

Chua v. CFI Requisites for Reserva Troncal:

1. Property was acquired by a person from an ascendant or from a brother or sister by
gratuitous title
2. Said person died without legitimate issue
3. Property is inherited by another ascendant by operation of law
4. There are relatives within the third degree belonging to the line from which said
property came.

Florentino v. Florentino Representation only in favor of nephews and nieces of deceased brothers and sisters the
prespositus.
ARTICLE 793:
Property acquired after the making of a will shall pass only thereby,
as if the testator had possessed it at the time of the making the will,
should it expressly appear by the will that such was his intention.

GR: Duration or efficacy of the disposition,

designation of the heir legatee and devisee,
and determination of the portion cannot be left to the 3rd person.
XPN: Testator indicated specific amount of property and the cause or classes of property

EXTRINSIC VALIDITY OF A WILL

It deals with the form of the will and its due execution.
It determines:
1. Whether the instrument is truly the decedents last will
2. Whether it complies with the formalities prescribed by law
3. Whether the testator had testamentary capacity at the time he executed the will
4. Whether the testator voluntarily executed the will.

REQUISITES OF A VALID NOTARIAL WILL

1. In writing
2. Written in a language known by the testator
3. Signed by the testator or his agent in his presence and by his express direction at the end and in the presence of the witnesses
4. Attested and subscribed by at least 3 credible witnesses in the testators presence and of one another 5. Testator, Agent and
Witnesses must sign every page except the last page, on the left margin
6. All pages must be numbered in letters on the upper part of the page
7. It must be attested by all the witnesses
8. It must be notarized

ATTESTATION CLAUSE:
We hereby attest that Juan Dela Cruz
subscribed his name at the bottom of the foregoing Last Will and Testament,
consisting of 2 pages including this page
and affixed his signature at the left-hand margin of each and every page thereof
in the presence of all and each of us
and we, thereupon, at his request
have witnessed and signed the will on all the pages thereof
and subscribed our names at the bottom of this Attestation Clause
in the presence of the testator and one another

MODIFICATION OF HOLOGRAPHIC WILL Art. 814:

Any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full
signature.
REVOCATION OF A WILL The will can be revoked in three ways (ICP)
1. Implication of Law
2. Will, Codicil, or other writing executed as provided in case of wills
3. Burning, tearing, cancelling, or obliterating the will.

INSTITUTION OF HEIRS:
1. By name or surname
2. If 2 persons share the same names: must indicate some circumstance to be known ?
3. If theres error: it shall not vitiate the institution If cant be determined: none will inherit
4. It can be a definite class or group

FIDUECOMMISSARY SUBSTITUTION
The fudiciary or fist heir instituted is entrusted with the obligation to preserve and transmit
to a second heir the whole or part of the inheritance, shall be valid and shall take effect
provided such substitution does not go beyond one degree from the heir originally instituted,
and provide further, that the fudiciary or first heir and second hair are living at the time of the death of testator.

PRETERITION It occurs when one, or all, the compulsory heir in the direct line receives nothing from the inheritance by way of
testamentary disposition, devise, legacy, intestacy, or donation inter vivos.

Intestate share
Surviving heir Legitime

Illegitimate children 1/3 1/2

Surviving spouse 1/3
1/2
(Remaining 1/3 is free
portion; Art. 894, NCC)

Illegitimate children 1/4 1/4

Surviving spouse 1/8
Legitimate parents 1/2 1/4

(Art. 899, NCC; testator 1/2

may freely dispose of the
remaining 1/8 of the
estate.)

Illegitimate children 1/4 1/2

Legitimate parents 1/2
1/2

Legitimate parents 1/2 1/2

Surviving spouse 1/4 (taken from the free
portion) 1/2

(Art. 893, NCC)

Illegitimate parents 1/4 1/2

Surviving spouse 1/4
1/2

Illegitimate children 1/2 (divided by number of All

alone illegitimate children)
Legitimate parents 1/2; remaining half is free All
alone portion (Arts. 889 and 890,
NCC)

Illegitimate parents 1/2 All

alone

Surviving spouse 1/2, 1/3, 1/2 (Art. 900, All

alone NCC)

Legitimate children 1/2 (divided by the number All

(or their of children)
descendants) alone
Remaining half is free
portion (Art. 888, NCC)

One legitimate child 1/2 1/2

(or descendant) 1/4
Surviving spouse
Remaining 1/4 is free 1/2
portion (Art. 892, NCC)

Two or more 1/2 (divided by the number Consider spouse as 1 legitimate

legitimate children of children) child and divide estate by total
(or their number
descendants)

Surviving spouse Equal to the share of one

child

Remainder is free portion

(Art. 892, NCC)

Legitimate child 1/2 Please read Article 176 of the

Illegitimate child 1/2 of each legitimate child
(Art. 176, Family Code)
Remainder is free portion
(Art. 892, NCC)
Family Code: computing the
legitimes of legitimate and
illegitimate children; an
illegitimate child gets one-half)

Surviving spouse 1/2 (remaining half is free 1/2

portion; Art. 900, NCC)

Not entitled to anything

since they are not
Brothers and sisters compulsory heirs; testator
(nephews and may choose to give them
nieces, in case of something out of the free
deceased siblings) portion
1/2 (divided by the number of
brothers and sisters; nephews
and nieces of deceased siblings
divide among themselves the
share that should have to their
parents)

Art. 1001, NCC