Succession – Succession is a mode of acquisition by virtue of which the property, DEFINITION OF TERMS

rights and obligations to the extent of the value of the inheritance, of a person are Inter Vivos Succession/Mortis Causa
transmitted through his death to another or others either by his will or by operation Takes effect during the lifetime of the Takes effect after the death of the
of law. donor donor
Must follow the formalities of a Must follow the formalities of wills and
Kinds of Succession donation codicils
a) As to EFFECTIVITY In case of impairment of the legitime, In case of impairment of the legitime,
a) Succession INTER VIVOS donations inter vivos are preferred to donations mortis causa are reduced
b) Succession MORTIS CAUSA donations mortis causa ahead of donations inter vivos, the
b) As to WHETHER A WILL EXISTS OR NOT latter being preferred
a) Testamentary Succession – there is a will Cannot be revoked except for the Can be revoked anytime for any reason
grounds provided by law while the donor is still alive
b) Intestate or Legal Succession – there is no will or there is a will but it wasn’t
The right of disposition is completely The right of disposition isn’t transferred
approved by the court
transferred to the donee to the donee while the donor is still alive
c) Mixed Succession – part of the property has been disposed of in a will Acceptance of the donee must be Acceptance by donee mortis causa can
c) As to the TRANSFEREES OF THE PROPERTY during the lifetime of the donor only be made upon the donor’s death
a) Compulsory Succession – refers to the legitime (reserved for compulsory Must be accepted by done Acceptance by heir/devisee/legatee is
heirs) not required
b) Voluntary Succession – refers to the free disposal portion; not possible if
there is no will Inheritance – includes:
d) As to the EXTENT OF RIGHTS AND OBLIGATIONS INVOLVED a) Property, rights and obligations not extinguished by death (to the extent of the
value of the inheritance); and
a) Universal Succession – covering all juridical relations involving the deceased
b) All which have accrued thereto since the opening of succession.
b) Particular Succession – covering only certain items or properties
e) SPECIAL KIND
Estate – the total property that is owned by a decedent prior to the distribution of
- Contractual Succession – the kind where a future husband and a future that property in accordance with the terms of a will, or when there is no will, by the
wife give to each other future property, effective mortis causa, by means of laws of inheritance in the state of domicile of the decedent
marriage settlement.
- Exception to exception of Art. 1347 (Object of Contracts) Legacy – a gift of personal property or money to a beneficiary (legatee) of a will
Voluntary
Elements of Succession Devise – a gift by will of real property
1. Mode of Acquisition
2. Transfer of property, rights, and obligations to the extent of the value of the Legatee – if a person succeeds to particular personal property (only by virtue of a
inheritance of a person will)
3. Transmission thru Death
4. Transmission to Another Devisee – if a person succeeds to a particular real property (only by virtue of a
will)
5. By Will or by operation of law
Heir – if a person succeeds by universal titles, that is to all or a fraction or aliquot
part of the properties, rights and obligations
Decedent – person whose estate is to be distributed
a) Testator – property rights or obligations will be transferred by virtue of a will
b) Intestate – there is no will or there is a will but it was not approved by the
court
Bases of Succession
1) Natural law – obliges a person to provide for those he would leave behind; a
recognition of the natural law of consanguinity, blood, and natural affection
toward those nearest him in relationship
2) Socio-economic theory – it is better to dispose of property to make it
economically viable/productive rather than making it idle/stagnant
3) Attribute of ownership – in recognition of right of person being the owner to
dispose the property to another
What is the difference between Inheritance and Estate?
Estate is the total property that is owned by a decedent prior to the distribution of
that property in accordance with the terms of a will, or when there is no will, by the
laws of inheritance in the state of domicile of the decedent. Inheritance is the
property received from a decedent, either by will or through laws of intestate
succession, where the decedent has failed to execute a valid will.
General Rules on Rights and Obligations Extinguished on Death:
1) Rights which are purely personal are by their nature and purpose
intransmissible for they are extinguished by death.
Example: family rights, marital and parental authority, support, action for legal
separation, partnership, agency, life annuity, right to be acknowledged as an
illegitimate child, right to an office
2) Rights which are patrimonial or relating to property are generally part of
inheritance as they are not extinguished by death.
Example: Right to bring or continue an action for forcible entry or unlawful
detainer (the court will require substitution by heirs)
3) Rights of obligations are by nature transmissible and may constitute part
of inheritance both with respect to the rights of the creditor and as regards to
the obligations of the debtor.
Example: Heirs pay the debts of the deceased father, but only to the extent of
the value of the inheritance.
Kinds of Death
1) Actual Death – there is an irreversible cessation of all brain functions, and
considering the absence of such functions, further attempts at resuscitation or
continued supportive maintenance would not be successful in restoring such
natural functions.
2) Presumed Death – 2 Kinds:
a) Ordinary Presumption because of ordinary absence
— An absentee (who disappears under normal conditions, there being no
danger or idea of death) shall be presumed dead for the purpose of
opening his succession – at the end of 10 years (at the end of 5 years
in case he disappeared after the age of 75).
— Here, the death is presumed to have occurred at the end of the 10-year
or 5-year period as the case may be.
b) Extraordinary Presumption because of extraordinary or qualified
absence
— The following shall be presumed dead for all purposes including the
division of the estate among the heirs:
1. A person on Board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for 4 years
since the loss of the vessel or aeroplane;
2. A person in the Armed forces who has taken part in war, and has
been missing for 4 years;
3. A person who has been in Danger of death under other
circumstances and his existence has not been known for 4
years.
— The person is presumed to have died at the time of disappearance, that
is, at the time the calamity took place, and not at the end of four years.
— If the person presumed dead returns, the absentee may recover the
property transferred on an as is, where is basis.
What is inchoate right and what is its relevance on the inheritance of an
individual?
Inchoate right is a legal right or entitlement that is in progress and is neither ripe,
vested nor perfected. In reference to a claim in law, or an entitlement, that has not
yet vested.
Heirs only acquire their rights over the inheritance from the moment of
the death of the testator. This remains true even before judicial declaration of
their being heirs in the testate or intestate proceedings. After such declaration, their
rights retroact to the moment of the death of the decedent. Prior to the death of
the testator, the interest of the heirs over the inheritance is merely inchoate or a
mere expectancy.
What is Renvoi Doctrine and what is its relevance on the right of a person
who succeeds?
Renvoi Doctrine is a doctrine whereby a jural matter is presented which the
conflict of laws rules of the forum refer to a foreign law which in turn, refers the
matter back to the law of the forum or a third State. When reference is made back
to the law of the forum, this is said to be remission, while reference to a third State
is called transmission.
Renvoi literally means a referring back, the problem arises where there is a doubt
as to whether a reference in our law:
a) is a reference to the INTERNAL law of said foreign law, or
b) is a reference to the WHOLE of the foreign law, including its CONFLICTS RULES
Aznar v Garcia GR No. L-16749
FACTS:
Edward Christensen, who at his death was a US citizen but domiciled in the
Philippines, left a will, devising unto Maria Helen a certain amount of money and
giving the rest of his estate to Maria Lucy. Helen opposed the partition on the ground
that she is deprived of her legitime. Her contention is that the law of California
directs that the law of the domicile (Philippines) should govern the will.
ISSUE:
WON the national law or the domiciliary law should apply.
HELD:
The intrinsic validity of wills is governed by the national law of the decedent. In the
present case, the national law of Edward is the laws of California. However, there
were two conflicting California laws regarding succession. One is enunciated in In
Re Kaufman (which does not provide for legitimes) and another is Art. 946 of the
California Civil Code (which provides that the law of the domicile applies). SC held
that the national law is Art. 946, which is the conflict of laws rule of California. The
reason is that In Re Kaufman applies only to residents while Art. 946 is specific to
non-residents. Thus, since Art. 946 contains a refer-back to Philippine laws (the law
of the domicile), then Maria Helen is entitled to her legitime.
Art. 783.
A WILL is (1) an act whereby a person is permitted to control to a certain degree
the disposition of his estate, (2) with the formalities prescribed by law, (3) to take
effect after his death.
Essential Elements and Characteristics of a Will. SUSPAC-FIRMD
1. The making of a will is a Statutory right.
2. Unilateral act.
3. Solemn or formal act. (Art 783)
4. Strictly a Personal act.
5. There must be Animus testandi (intent to make a will).
6. Testator must be Capacitated.
7. Free from vitiated consent.
8. An Individual act. (Art. 818 and 819)
9. Essentially Revocable or ambulatory. (Art. 828)
10. Effective Mortis causa. (Art. 777)
11. It Disposes of the testator’s estate in accordance with his wishes.
Art. 784.
The making of a will is a strictly personal act; it cannot be left in whole or in part
to the discretion of a third person, or accomplished through the instrumentality of
an agent or attorney.
*The mechanical act of drafting may be entrusted to another, as long as the
disposition itself expresses the testator’s desires, and all the formalities of the law
are complied with.
Art. 785.
The duration or efficacy of the designation of heirs, devisees or legatees, or the
determination of the portions which they are to take, when referred to by name,
cannot be left to the discretion of a third person.
Example: “I give my land to X for as long as my friend Y allows.” – Illegal delegation
of testamentary powers. Not allowed.
Art. 786.
The testator may entrust to a third person the distribution of specific property or
sums of money that he may leave in general to specified classes or causes,
and also the designation of the persons, institutions or establishments to
which such property or sums of money are to be given or applied.
In Art. 785 – the names of particular persons are given.
In Art. 786 – particular names are not designated. A class or cause is what is
specified.
Art. 787.
The testator may not make a testamentary disposition in such a manner that
another person has to determine whether or not it is to be operative.
Example: “I institute X as my heir provided that my friend, Y will agree.” – VOID
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.
*The provision applies only in case of DOUBT. If no doubt exists, and the disposition
is clearly illegal, the same should not be given effect.
Art. 789. Kinds of Ambiguity in a Will.
1. Latent or Intrinsic Ambiguity – that which does not appear on the face of
the will, and is discovered only by extrinsic evidence.
- Example: “I institute my brother-in-law” (when it is discovered that I have
2 brothers-in-law). This ambiguity is not found on the will itself. Doubt arises
only because of things outside the will.
- How Cured? By examining: (1) the will itself, (2) extrinsic evidence such
as written declarations of the testator.
Oral declaration is also extrinsic evidence but is not taken into
consideration in determining the true intent of testator.
2. Patent or Extrinsic Ambiguity – that which expresses in the face of the will
itself; in other words, by examining the provision itself, it is evident that it is not
clear.
- Example: “I hereby institute some of my seven brothers.” (It is evident
here that we do not know how many of the brothers are being instituted.
- How Cured? Get the intention from: (1) the words of the will, (2) the
circumstances under which the will was made (extrinsic evidence excluding
oral declarations.
Art. 790. Rules for Interpretation of Words.
1. Ordinary words have their ordinary meanings.
Exception: If there is a clear intention that another meaning was used,
provided that the other meaning can be determined.
2. Technical words have technical meanings.
Exceptions:
a. If there is a contrary intention.
b. If it appears that the will was drafted by the testator alone, who did not
know the technical meaning.
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.
*The will must be interpreted as a whole.
*While testacy is preferred over intestacy, this is only true if the will has been
validly made.
Art. 792.
The invalidity of one of several dispositions contained in a will does not result
in the invalidity of the other dispositions, unless it is to be presumed that the
testator would not have made such other dispositions of the first invalid
disposition had not been made.
*Even if one disposition or provision is invalid, it does not necessarily follow that all
the others are also invalid.
*The exception occurs when the various dispositions are indivisible in intent or
nature.
Art. 793. Rules Respecting After-Acquired Properties.
Properties acquired after the making of a will shall only pass thereby, as if the
testator had possessed it at the time of making the will, should it expressly
appear by the will that such was his intention.
*What are given by the will are only those properties already possessed and owned
by the testator at the time the will was made, not those acquired after.
Example: In 2003, T made a will “giving X all my automobiles.” In 2003, T had five
automobiles; but in 2005, when T died, he had at the time of his death 8
automobiles. How many will X get?
Answer: X will only get 5 automobiles, because the rest were acquired after the
making of the will.
Exceptions: (examples, page 57) EREL
1. If it expressly appears in the will that it was the intention to give such
after-acquired properties.
2. If the will is republished or modified by a subsequent will or codicil.
3. If at the time the testator made the will he erroneously thought that he
owned certain properties, the gift of said properties will not be valid,
unless after making the will, said properties will belong to him.
4. Legacies of credit or remission are effective only as regards that part of the
credit or debt existing at the time of the death of the testator.
Art. 794.
Every devise or legacy shall convey all the interest which the testator could
devise or bequeath in the property disposed of, unless it clearly appears from
the will that he intended to convey a less interest.
General Rule: The entire interest of the testator in the property is given – not
more, not less.
Exceptions:
1. He can a lesser interest if such intent clearly appears in the will.
2. He can convey a greater interest, thus, the law provides “If the testator x x x
owns only a part of, or an interest in the thing bequeathed, the legacy
or devise shall be understood limited to such part or interest, unless
the testator expressly declares that he gives the thing in its entirety.”
3. He can even convey property which he very well knew does not belong to him,
provided that it also does not belong to the legatee or devisee.
(Note: if the testator thought the property was his, although it is not really his,
the legacy or devise is void, unless the property subsequently becomes his.)
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. – (extrinsic validity from the viewpoint of time.)
Kinds of Validity with Respect to Wills:
1. Extrinsic Validity – refers to forms and solemnities needed.
2. Intrinsic Validity – refers to the legality of the provisions in an instrument,
contract or will.
General Rules on Validity.
A. Extrinsic Validity
1. From the viewpoint of TIME – what must be observed is the law in force
at the time the will is MADE.
2. From the viewpoint of PLACE or COUNTRY – what law must be
observed dependes:
a. If the testator is a Filipino, he can observe (1) Philippine Laws; or (2)
those in the country where “he may be”; or (3) those in the country
where he executes the will.
b. If the testator is an alien who is abroad, he can follow the law of (1)
his domicile, or (2) his nationality or (3) Philippine laws or (4) where
he executes the will.
c. If the testator is an alien in the Philippines, he can follow the law
(1) of his nationality or (2) the laws of the Philippines, since he
executes the will here.
B. Intrinsic Validity
1. From the viewpoint of TIME – successional rights are governed by the
law in force at the time of the DECEDENT’S DEATH.
2. From the viewpoint of PLACE or COUNTRY – the national law of the
decedent, that is, the law of his country or nationality – regardless of the
place of execution or the place of death.
Art. 796.
All persons who are not expressly prohibited by law may make a will.
Who can make wills? 2 General Qualifications:
1. 18 years old or over (Reason: He can no longer be easily cheated).
2. Soundness of mind at the time the will is made.
*A convict under civil interdiction is allowed to make a will. This is because civil
interdiction prohibits a disposition of a property inter vivos, not mortis causa.
*Art. 796 refers to “all persons,” but this should be understood to refer only to
natural persons, not juridical ones, like corporations. This is evident from the
requirement of soundness of mind.
Testamentifaccion active – capacity to make a will.
Testamentifaccion passive – capacity to inherit or to receive by will.
Art. 797.
Persons of either sex under 18 years of age cannot make a will.
Art. 798.
In order to make a will it is essential that the testator be of sound mind at the
time of its execution.
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
unshattered by disease, injury or other cause.
Soundness of mind requires: (2nd paragraph Art. 799)
The testator knows: NPC
1. The Nature of the estate to be disposed
2. The Proper objects of his bounty
3. The Character of the testamentary act
Senility – infirmity of old age
Senile dementia – decay of mental faculties. When advanced or absolute, may
produce unsoundness of mind resulting in testamentary incapacity.
Art. 800.
The law presumes that every person is of sound mind, in the absence of proof to
the contrary.
General Rule: The burden of proof that the testator was not of sound mind
at the time of making his dispositions is on the person who opposes the
probate of the will.
Exception: If the testator, one month, or less, before making his will was
publicly known to be insane, the person who maintains the validity of the
will must prove that the testator made it during a lucid interval. (Testator is
presumed insane)
*The testator is also presumed insane if he made the will after he had been
judicially declared insane, and before such judicial order had been set
aside.
No presumption of insanity arises from:
1. The presence of a mere delirium, since this is temporary, nor from intoxication,
for the same reason.
2. The insanity of the parents and children of the testator.
*The attesting or subscribing witnesses’ testimony as to the mental condition
of the testator should be given great weight, and should prevail over that
given by a non-attending physician who merely speculates. However, the
physician should be believed if he was constantly near the testator, and if he actually
saw the latter on the date of execution.
Art. 801.
Supervening incapacity does not invalidate an effective will, nor is the will of an
incapable validated by the supervening of capacity.
Art. 802.
A married woman may make a will without the consent of her husband, and
without the authority of the court.
*Applicable only if the married woman is at least 18 years old, and is of sound mind
at the time of execution.
Art. 803.
A married woman may dispose by will (1) all of her separate property as well as
(2) her share of the conjugal partnership or absolute community property.
*The law says the wife can dispose of her share of the conjugal property. Suppose
she disposes of, say, the conjugal house, how will this affect the inheritance?
Answer: It depends. Ordinarily, the heir gets only half of the house, but if in the
liquidation proceedings the house is awarded entirely to the wife’s estate (the
husband receiving some other property, like cash), the heir gets the whole house.
FORMS OF WILLS.
1. Ordinary or Notarial Will – that which requires, among other things, an
attestation clause, and acknowledgment before a notary public.
2. Holograph or Holographic Will – the most important feature of which is its
being written entirely, from the date to the signature, in the handwriting
of the testator. Here, neither an attestation clause nor an acknowledgment
before a notary public is needed.
(Nuncupative wills – wills orally made by the testator in contemplation of death.
This is not recognized by the Civil Code.)
ESSENTIAL REQUISITES FOR NOTARIAL WILLS (Art. 804-809)
Art. 804 and 805.
Every will must be: WE-SAT-PA
1) in Writing;
Reason: A will needs to be probated. For the court to be able to probate
the will, it must be in writing.
2) Executed in a language or dialect known to the testator.
3) Subscribed at the end thereof by the Testator himself or by the testator’s
name written by some other person in his presence, and by his express
direction;
4) Attested and Subscribed by 3 or more credible witnesses in the Presence
of the testator and of one another.
5) The Testator or the person requested by him to write his name and
the instrumental witnesses of the will, shall also sign, as aforesaid,
each and every page thereof, except the last, on the left margin;
6) All the Pages shall be numbered correlatively in letters placed on the upper
part of each page.
7) The ATTESTATION shall state:
a. The number of pages used upon which the will is written;
b. The fact that the testator signed the will and every page thereof, or
caused some other person to write his name, under his express
direction, in the presence of the instrumental witnesses;
c. That the instrumental witnesses 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.
Notes:
 A testator can sign with a mere cross, with his thumbmark or with his initials, if
he intends that to be his signature, but when somebody else writes the
testator’s name for him, the mere placing by the testator of a cross after his
name, without there being in the will a statement that somebody had signed for
the testator, is not sufficient, and the will is considered void, not because of
the cross, but because of failure to state the signing of name by somebody else.
 Even if a person knows how to write his name, he can still sign by the use of a
mark.
 As a matter of fact, the person signing for the testator does not even have to
put down his own name. Upon on the other hand, if he puts down his own
name, and omits that of the testator, this would be a substantial violation of the
law and would render the will invalid.
 “In the presence” does not necessarily require actually seeing, but the
possibility of seeing without any physical obstruction.
 In case a testator is blind, the “presence” may be complied with if the signing
or action is within the range of the other senses like hearing, touch, etc., of
the testator. What is important is that he realizes what is being done (TEST OF
AVAILABLE SENSES).
 The last page need not be signed on the margin since the signatures already
appear at the end (over and above their printed names).
 If the last page contains ONLY the attestation clause, the testator need not
sign on the margin (the attestation clause is an act of the witnesses, hence it
need not contain the signature of the testator).
 Failure to have the marginal signatures of the testator and of the witnesses,
when needed, is a fatal defect. Thus, even if the second page bears the
signature or thumbmark, as the case may be, of the testator, but absent on said
first page, the will cannot be admitted to probate.
 Credible Witness – one possessed of the qualifications imposed by law. He
must be competent to testify.
Art. 806.
Every will must be acknowledged before a notary public by the testator
and the witnesses. The notary public shall not be required to retain a copy
of the will, or file another with the office of the Clerk of Court.
- Refers only to notarial or ordinary wills, not to holographic wills.
- The acknowledgement coerces the testator and the instrumental witnesses to
declare before an officer of the law that they had executed and subscribed to the
will as their own free act or deed.
- If a will is duly acknowledged before a notary public, there is in its favor the
presumption of regularity.
- A notarial will not acknowledged before a notary public by testator and the
witnesses is fatally defective.
Acknowledgement – The act of one who has executed a deed in going before
some competent officer or court and declaring it to be his act or deed. It involves
an extra-step undertaken whereby the signor actually declares to the notary that
the executor of the document has attested to the notary that the same is his own
free act and deed.
Jurat - part of an affidavit whereby the notary certifies that before him, the
document was subscribed and sworn by the executor.
p. 102

 Example of ATTESTATION CLAUSE: “This Will consisting of one page was

signed by the testator and by all of us in the presence of all of us and the
testator. (Sgd.) A (Sgd.) B (Sgd.) C

 The absence of the attestation clause is a fatal defect. Moreover, if the

attestation clause is not signed by the attesting witnesses at the bottom thereof,
the will is void since omission negates the participation of said witnesses.

 Purposes of the Attestation Clause: RPM

1. To Preserve in permanent form a record of the facts attending the
execution of the will;
2. To Render available proof that there has been a compliance with the
statutory requisites for the execution of the will; and
3. To Minimize the commission of fraud or undue influence.