WILLS AND

SUCCESSIONS

Lorraine Laosinguan
Will Personal, solemn, revocable
and free act by which a
capacitated person disposes
of his property and rights and
declares or complies with
duties to take effect after his
death.
Essentially ambulatory; at any
time prior to the testators death,
It may be changed or revoked,
and until admitted to probate. It
has no effect whatever and no
right can be claimed

Must be proved and allowed in accordance with law.

Specie of conveyance whereby a person is permitted with the

formalities prescribe by law, to control to a certain degree the
disposition of his estate after his death.
WILL

Notarial will executed with the

intervention of a notary public and
participation of attesting witnesses (Art
804-809 Civil Code)
Holographic will entirely written,
dated, and signed by the hand of the
testator himself.
Revoking a
Will
only done by the testator either expressly or
impliedly, during his lifetime. Testator has full
ownership and control of the properties bequeathed.
(Selling, executing a subsequent will of revocation)
Revocation done outside the Philippines, by a
person who does not have his domicile in this
country, is valid when it is done according to the law
of the place where the will is made, or according to
the law of place in which the testator had his
domicile at the time; If revocation takes place In this
country, when it is in accordance with the provision
of this code. (Art 829 Civil Code)
No will shall
be revoked
except by Will, codicil, or other writing executed
implication as provided in the case of wills,
of law.
burning, tearing, cancelling or
obliterating the will with the intention of
revoking it, by the testator himself or by
some other person in his presence or
his direct provision. [Art.30 of Civil
Code]
 Extrinsic
Validity of
Wills Forms and Solemnities of Wills shall
be governed by the laws of the country
in which they are executed.
[Art. 17of Civil Code]
Joint Wills

A will executed by two or more persons

in the same instrument either for their
reciprocal benefit or for the benefit of a
third person, whether reciprocal or not.,
are void (Art.818) even though
authorized by the country where they
may have been executed.
A will of an alien who make a will in abroad wants to produce effect of it in the
Philippines is applicable if it is made with the formalities prescribed by law of the
place in which he resides or I conformity which the Civil Code prescribes.

A will that is made in Philippines by a citizen or subject of another country which

is executed in accordance with their law and can be proved and allowed to their
country, shall have the same effect in Philippines.

Joint Wills
Probate of
Wills
the authentication of a will in a probate
proceeding in court concerning the capacity of
the testator and the compliance with those
requisites or solemnities which the law
prescribes for its validity. (Mandatory)
In order a will to take effect, it has to be
probated, legalized or allowed in the proper
testamentary proceeding.
A will probated outside in the Philippines is
allowed (Rule 77 of Rules of Court).
Where Will may be Probated and Representative appointed?
was domiciled at the time of his death
where there are assets of estate at the time of the decedents death or at the time of the
appointment of the executor or administrator
when a decedent has properties in the Philippines and Abroad, the administration of his
estate will require the appointment of a domiciliary or principal administrator and an
ancillary administrator with respect to properties abroad.

Evidence necessary for the probate or allowance of will in the country which has been
probated outside Philippines
1. The due execution of the will in accordance with the foreign law.
2. The testator has his domicile in the foreign country and not in the Philippines
3. The will has been admitted to probate in such country
4. The fact that the foreign tribunal is a probate court
5. The laws of a foreign country on probate and allowance
Intrinsic
Validity National law of the person whose succession, testate or intestate
is under consideration governs the ff:
The order of succession
Amounts of successional rights
Intrinsic validity of testamentary disposition
Capacity to succeed

Extrinsic or formal validity

Governed by the law of the place where they are
executed
Intrinsic validity
Governed by the national law of the decedent.