Professional Documents
Culture Documents
1. What is Succession?
GENERAL- Transmission of rights and Article 775. In this Title, "decedent" is the general term
properties from one person to another. applied to the person whose property is transmitted
TECHNICAL-Transfer of tittle to property under through succession, whether or not he left a will. If he
left a will, he is also called the testator.
the laws of descent and distribution, taking place
only on the death of a person. 5. What is a decedent?
Person whose estate is to be distributed
2. What are the kinds of succession? Whether or not he left a will
Effectivity
Inter vivos Article 776. The inheritance includes all the property,
Mortis Causa rights and obligations of a person which are not
Existence of a will extinguished by his death.
Testamentary
Intestate 6. What is the difference between inheritance from
Mixed succession?
Transferees of the Property I-property or right acquired
Compulsory S-manner by virtue of which the property or right
Voluntary is acquired
Extent Rights and Obligations 7. What is the difference between
Universal administration and succession?
Particular A-Dealing with deceased person’s property
Special Kind according to law
Contractual S-transferring to it beneficially
GR: ALL obligations are transmissible GR:A recognized Spurious Child entitled to
XPN: Purely Personal or Non-transferable by law inherit
or contract XPN: Death before Aug. 30,1950 (NCC
Effectivity) not entitled vested rights of legitimate
children prejudiced
Article 777. The rights to the succession are transmitted
from the moment of the death of the decedent. 15. When is there no necessity of prior
11. What are the conditions for the transmission of declaration of heirship?
Successional Rights?
No pending settlement proceedings for the
Death w/n actual or presumed
distribution of an estate
Rights or Properties are Transmissible or
descendible
16. When is there no need to appoint an
Transferee is still alive, willing, capacitated
administrator?
to inherit
Heirs legal age
No debts to be settled
12. What are the two kinds of presumed
Heirs themselves may enter upon the
death?
administration of property
Ordinary Presumption- ordinary absence no idea
of danger or death.
17. When no transmission occurs
Purpose: Opening Succession
Heir is incapacitated
GR:end of 10 years
Heir repudiates
XPN: 5years- disappeared after the age of 75
Heir predeceases the testator
Extraordinary Presumption- great probability of
18. What is the difference between Estate and
death
Inheritance Tax?
Purpose: For all purposes
E-virtual charge on the giver.
Vessel lost sea voyage/aeroplane (4yrs)
I-charge on the recipient; paid on what is left after
Armed forces missing war (4yrs)
the estate tax has been deducted from the
Danger of death other circumstances
residuary estate
existence not known (4yrs)
13. What is the effect of the Absentee’s Return BAR QUESTION:
or appearance? 19. When and how is the right to succeed a deceased
GR: Recover property on the condition person acquired?
which it may be found and the price that may Death of the decedent through testamentary,
have been alienated intestate or mixed succession
XPN: Cant claim fruits or rent
Heir acquired property through
prescription
Consumption GF Article 778. Succession may be:
14. What is the difference between the old and (1) Testamentary;
new civil code?
O-Spurious children were not entitled to inherit (2) Legal or intestate; or
even filiation judicially declared
N-Spurious children if recognized voluntarily or (3) Mixed
Article 783. A will is an act whereby a person is 34a. What are the things that are prohibited to
permitted, with the formalities prescribed by law, to entrust to a third person?
control to a certain degree the disposition of this estate,
to take effect after his death.
Duration of the designation of heirs, devisees
31. What is a will? or legatees
Act whereby a person is permitted with the Efficacy of the designation of heirs, devisees
formalities prescribed by law to control to a or legatees
certain degree the disposition of his estate, to take
effect after his death. Determination of the portions which they are
to take when referred to by name
A will is a personal, solemn, revocable and free
Article 786. The testator may entrust to a third person
act by which a person disposes of his property to
the distribution of specific property or sums of money
take effect after his death. 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
32. What are the essential elements and sums are to be given or applied.
characteristics of a will?
Statutory right 34. When may a third person be entrusted?
Unilateral act Distribution of property or sums of money
Solemn or formal act that he may leave in general to specified
Animus testandi (intent to make a will) classes or causes
Personal Act in all essential matters Designation of the persons institutions or
Effective mortis causa establishments to which property or sums of
Revocable or ambulatory money are to be given or applied
Free from vitiated consent Distribution and designation of who will
Individual act receive and how much as long as
Disposes of the testator’s estate To Specified classes or causes
Specific property or a sum of money has
33. What is the difference between a last will been set aside for the purpose
and a testament?
Testament- disposes of PP
Will-disposes of RP Article 787. The testator may not make a
testamentary disposition in such manner that
another person has to determine whether or not it
Article 784. The making of a will is a strictly is to be operative.
personal act; it cannot be left in whole or in part
to the discretion of a third person, or Rules in Interpretation
accomplished through the instrumentality of an
agent or attorney. Article 788. If a testamentary disposition admits
of different interpretations, in case of doubt, that
interpretation by which the disposition is to be Technical words in a will are to be taken in their
operative shall be preferred. technical sense, unless the context clearly
indicates a contrary intention, or unless it
Article 789. When there is an imperfect satisfactorily appears that the will was drawn
description, or when no person or property solely by the testator, and that he was
exactly answers the description, mistakes and unacquainted with such technical sense.
omissions must be corrected, if the error appears
from the context of the will or from extrinsic 38. What are the rules for interpretation of
evidence, excluding the oral declarations of the words?
testator as to his intention; and when an Ordinary words have their ordinary meanings
uncertainty arises upon the face of the will, as to XPN:Clear intention, another meaning was
the application of any of its provisions, the used
testator's intention is to be ascertained from the RSN:Supreme law for interpretation is
words of the will, taking into consideration the Intention
circumstances under which it was made, Technical words have technical meaning
excluding such oral declarations. XPN: Contrary Intention
Drafted by testator alone didnt know
35. What are the kinds of Ambiguity in a will? technical meaning
Latent or Intrinsic Ambiguity-
not appear on the face of the will, Article 791. The words of a will are to receive an
discovered by extrinsic evidence interpretation which will give to every expression
Patent or Extrinsic Ambiguity some effect, rather than one which will render
Appear on the face of the will,provisions any of the expressions inoperative; and of two
modes of interpreting a will, that is to be
36. When does an intrinsic ambiguity arise? preferred which will prevent intestacy.
Imperfect description of heir,
legatees,devisee Article 792. The invalidity of one of several
Imperfect description of gift being given dispositions contained in a will does not result in
One recipient is designated but turns out the invalidity of the other dispositions, unless it
there are two or more who fit description is to be presumed that the testator would not have
made such other dispositions if the first invalid
37. How may an intrinsic and extrinsic disposition had not been made.
ambiguity be cured?
By examining the will
By examining the extrinsic evidence such as 39. What are the effects of an invalid
written declarations of testator dispositions?
If one is invalid it doesnt follow that all
The law allows to get intention from: others are
Words of the will Occurs when the various dispositions are
Circumstances under which the will was indivisible in intent or nature
made
GR: It doesnt follow that all others are
Article 790. The words of a will are to be taken in invalid
their ordinary and grammatical sense, unless a XPN: Presumed testator wouldnt have the
clear intention to use them in another sense can other dispositions if the first invalid
be gathered, and that other can be ascertained. disposition had not been made
Article 793. Property acquired after the making 43. What are the general rules on extrinsic and
of a will shall only pass thereby, as if the testator intrinsic validity?
had possessed it at the time of making the will, Extrinsic
should it expressly appear by the will that such Viewpoint of Time-observed, the law in force
was his intention. (n) at the time the will is made
VP of Place- depends
40. What is the rule respecting after-acquired Filipino-observe phil. Laws, or in
properties? country he may be or in the country
GR:What are given are properties possessed and where he executes will
owned by the testator at the time the will was Alien- if abroad, follow law of his
made not those acquired after. domicile or his nationality or Phil laws
XPN: Alien in Philippines- nationality or Phil
Expressly appears it was intention to give laws
Will is republished or modified
Erroneously thought he owned certain Intrinsic
properties at the time he made the will and VP of time- successional rights are governed
acquires it after by the law in force at the time of
Legacies of credit or remission. DECEDENTS DEATH
VP of Place- national law of the decedent or
Article 794. Every devise or legacy shall cover the law of his nationality regardless of the
all the interest which the testator could device or place of execution or death
bequeath in the property disposed of, unless it
clearly appears from the will that he intended to BAR QUESTION:
convey a less interest. (n) 44. Provide an illustration of Art. 795
Case of
41. What interest may be disposed of? Vda. de Enriquez, et. Al vs. Miguel Abadia,
GR: The entire interest of the testator in the et.al
property is given-not more or less Executed a Hollographic will time not allowed
XPN: 1952, allowed ground of NCC
Can convey lesser if intent clearly appears in Held: Not allowed, Art.795 extrinsic validity of a
the will will should be judged at the time of the execution
Can convey greater interest through purchase of instrument. This is because, although the will
by the testator or his executor of the extra interest becomes operative after death, still his wishes are
or by giving its equivalent value to the legatee or given expression at the time of execution
devisee
Can convey property knowing it doesnt not 45. What are the two kinds of Recognition?
belonging to him provided it also doesnt belong Compulsory
to the legatee or deviesee. Voluntary
ART795.
42. What are the kinds of validity with respect Subsection 2- TESTAMENTARY CAPACITY
to wills? AND INTENT
Extrinsic Validity- forms and solemnities
needed
Intrinsic Validity-legality of provisions in BAR QUESTION ON TESTAMENTARY
instrument, contract or will CAPACITY
46. Distinguish testamentary power from Insane delusions- belief in things which no
testamentary capacity rational mind would believe to exist
3 viewpoints Drunkness if this results in failure to know
1 the nature of the testamentary act
P-Statutory right to dispose property by acts Idiocy- congenital intellectual deficiency
effective mortis causa A comatose stage, resulting from
C-NCC right to make a will provided by law, hypertension and cerebral thrombosis,
least 18yrs old and sound mind at the time of preventing testator from talking or
execution of the will (knows nature of understanding
estate,proper objects of his bounty and character State of delirium
of testamentary act)
2 ART800.
C- 2 kinds 50. What is the rule on soundness of mind?
Active Testamentary Capacity- capacity to GR: Sanity
make will or codicil/referred as P XPN: Insanity
Passive TC- capacity to receive by virtue of a He who alleges must prove the same
will
Or Referred as C 51. What are the two instances when the
3 testator is presumed insane?
C- ability of one to make a will One month or less before making the will
P-privilege granted by law to someone to make a was publicly known to be insane (he who
will maintains the wills validity must prove that the
ART796. will was made during a lucid interval)
47. Who can make wills? Made the will after he had been judicially
Capacity declared insane, and before such judicial order
18years old had been set aside
Sound mind at the time of execution of the
will 52. What are the instances where no
Natural Person presumption of insanity arises?
Convict under Civil interdiction mortis causa Mere delirium since it is temporary
ART799. Intoxication since its temporary
48. What are the requisites for soundness Insanity of parents and children of testator
of mind?
Testator knows ART801.
Nature of the estate 53. What is the rule on supervening of
Proper objects of his bounty incapacity or capacity?
Character of the testamentary act I- doesnt invalidate an effective will
C- a will of an incapable validated by the SC
49. How is unsoundness of mind
manifested?
Religious delusion resulting in unsettling of ART803.
judgment. 54. What wife can dispose of in her will?
Blind extraordinary belief in spirits while All of her Separate property
executing a will. Her share of the conjugal partnership or
Monomia (insanity on a single subject) if absolute community
subject of the will
ART.806 ART809.
64. What is an acknowledgement? 70. What is the effect of substantial
Act of one who has executed a deed in going compliance?
before some competent officer or court and Absence of Bad faith, Forgery or Fraud or undue
declaring it to be his act or deed. influence
65. What is a jurat? Defects and imperfections FORM of
Part of an affidavit; notary certifies that attestation
before him, the document was subscribed and Or in the LANGUAGE used shall not render
sworn by the executor. the will invalid if PROVED that the will was
executed and attested in substantial compliance
66. What is the extent of the intervention of the with the requirements of Article 805.
Notary Public?
Doesn't have to be present at the execution of the 71. What is the purpose of the rule on
will, his presence is required for the substantial compliance?
acknowledgment Attain the main objective of the NCC in the
Not required to read the will or know the contents liberalization of the manner of the executing will
of the will unless the testator allows him to do so.
(it is he before whom it is acknowledged) 72. What is the effect of failure of the
XPN:Blind Testator attestation clause to state the number of pages
A notarial will is not a public instrument on which the will was written?
Presence testator and instrumental witness Fatal flaw. To safeguard possible interpolation or
required only on attestation not acknowledgment omission of pages
ART807 ART810.
67. What are the rules when testator is deaf or 73. What is a holographic will?
a deaf-mute? Entirely written, dated and signed by the hand of
Read the will if able to do so the testator
Illiterate- designate two persons 74. What are the advantages of a holographic
communicate contents will?
2 persons need not to to be attesting Easier to
witnesses Make
When complied; must be proved in probate
Revise Cancellation
Keep Secret Erasure
75. What are the disadvantages of a Alteration
holographic will? May be made in or out of the Philippines
Easier to May be made by a blind testator as long as
Forge by expert falsifiers Literate
Misunderstand since the testator may At least 18
have been faulty in expressing his last Sound mind
wishes Mechanical act of drafting may be left to
No guaranty that there was no fraud, force, someone other than testator as long as
intimidation, undue influence and no Testator himself copies the draft
guaranty regarding testator’s soundness of Own handwriting
mind Dates it
Signs it
76. What are the Formalities for a Holographic 78. Why should holographic wills be construed
Will? more liberally than the ones drawn by an
Language known to testator expert?
Entirely written in the hand otherwise null Usually prepared by one who is not learned
and void in the law
Dated otherwise null and void Fundamental principle; intent or will of
Signed by testator himself; full name not testator expressed in form and within limit
required prescribed by law is recognized as the supreme
signature; appear at the end of the will; law in succession.
additional dispositions can be written
below his signature 79. What is the function of a probate court?
Animus Testandi (intent to leave a will is Settle and liquidate estates of deceased persons
clear) either
Executed at the time holographic wills are Summarily or
allowed time of death being immaterial Process of administration
Bec. The best and only evidence is the Philippines and dies without modifying or
HANDWRITING of testator. executing a new will in accordance with the
XPN: Phostatic copy allowed bec there can Philippine laws, how shall his estate be dealt
be COMPARISON. with, testate or intestate? Explain your
answers mentioning the pertinent legal
ART813. provisions and authorities.
83. What are the rules for curing defects? TESTATE. ART.815- Allowed make will in any
If last disposition SIGNED AND DATED form allowed in the foreign state where he may
Preceding dispositions SIGNED but not be. The will executed in US may be probated in
DATED are validated Phil.
Preceding dispositions NOT SIGNED but Intrinsic validity of provisions of the will
DATE-void Amount of successional rights
Preceding dispositions NOT SIGNED NOT Order of succession
DATED-void UNLESS written on Governed by national law
SAME DATE and occasion as latter
disposition 87. If a will is probated abroad, does it have to
be probated again in the Philippines?
If latter disposition was done by ANOTHER No. Needed is a Proceeding here to prove that it
w/o testators consent, not affect previous has already been probated abroad
dispositions which remain void if in
themselves void or valid. ART816.
If latter disposition is done by another with 88. What are the formalities (extrinsic validity)
testator’s CONSENT same effects because for wills executed by aliens abroad?
the latter disposition is not really Place of residence or domicile
HOLOGRAPHIC His own country or nationality
The Philippines
ART814. The Law of the place of execution/
84. Suppose there is an alteration without the
full signature, is the whole will void?
No, only the alteration is VOID ART817.
However if DATE was altered or the 89. What are the formalities for wills executed
SIGNATURE, alteration without the full by aliens in the Philippines?
signature makes the will VOID Lex nationalii- Nationality
Lex loci celebrationis-Philippines
ART815.
85. If a filipino is in a foreign country, in what ART818.
form can he make a will? 90. What are joint wills?
He can make a will in accordance with the Contain in one instrument the will of two or more
forms of the Philippines or of the country he may persons jointly signed by them. -Void
be. Such will may be probated in the philippines. 91. What are reciprocal or mutual wills?
Xpn: cannot execute a joint will even if Provide that the survivor of the testators will
valid there. succeed to all or some of the properties of the
decedent.-
BAR QUESTION Valid if made on separate instruments
86. A Filipino citizen residing temporarily in If made in one instrument-void;WHY?joint
US executed a will in accordance with the law
of the state. Assuming the testator returns to
92. A joint will was erroneously probated by 97. Is it essential for the witness to be able to
the RTC. There being no appeal, the speak and write the very language in which the
judgement became final. Can the joint will be will was written?
given effect? NO. Witness doesnt need to know the contents of
Yes. The judgment had already become final. This the will. Even in attestation; sufficient it be
is merely an error in law not an error in interpreted
jurisdiction.
ART 821.
93. What wills that are not joint? 98. Who are disqualified from being a witness
Made on a single sheet;first on front;second to a will?
reverse side; (R:Two wills) Not domiciled in the Philippines
Made same page with or w/o a dividing line Convicted of falsification of a document,
but neither combining the signature of BOTH perjury or false testimony
together
(R:Two wills; INDEPENDENT of each 99. What are the two reasons for the
other) requirement of Philippine domicile?
Assurance; witness be available; time will
ART819. presented for probate
94. What is the effect of joint wills executed Likeliness of personal acquaintance with
abroad? testator; hence, greater credibility
Not valid in the Philippines even authorized
by the laws of the country where they were 100. Can a convict who was pardoned act as a
executed. witness?
(R: Expression of Public Policy) If given because of
95. What is the effect of joint wills executed by Man’s innocence, he CAN
foreigners? Act of Executive grace or clemency,
If executed CANNOT
Abroad and valid according to ART.816 For even an absolute pardon doesnt remove
(Formalities)- VALID civil consequences.
Philippines and considered void; although
allowed in ART. 817; ART818. PREVAIL R:
Expression of Public Policy ART823.
101. What is the rule when a witness is given
SUBSECTION 4-WITNESSES TO WILLS an inheritance in the will?
ART820. GR: Witness is incapacitated to inherit but not
96. What are the qualifications for witnesses to incapacitated as witness. Only the part
notarial wills? appertaining to him is VOID.
Sound mind XPN: If there are more than 3 witnesses
At least 18 Compulsory heir; entitled to legitime
Able to Read & Write R: easy way to disinherit w/o justifiable
Not blind,deaf,or dumb cause
Domiciled in the Philippines 102. Where does the disqualification of a
Not convicted by final judgment of witness to inherit extends to?
falsification or a document; PERJURY; or Witness
FALSE TESTIMONY Spouse of W
Parent of W
ART826. ART829.
105. What are the formalities of codicils? 109. What are the conflict rules for revocation
In the case of wills there can be of wills?
Notarial or ordinary codicils Revocation outside the PHIL
Holographic codicils Not domiciled in the Phil
If not executed with formalities of a will- VOID Follow law;place made or
Valid will can never be revoked expressly or Follow law;place testator DOMICILED
impliedly, by an invalid codicil at the time
If domiciled in the Phil
ART827. Law Phil
106. What are the requisites for validity of General rule of lex loci celebrationis of
documents incorporated by reference? the REVOCATION
Doc referred;Existence at the time of If revocation is IN the Phil-
execution of the will Follow Phil Law
Will;clearly describe and identify locations,
general appearance; stating number of pages ART830.
Identified by a clear and satisfactory proof as 110. What are the local or domestic ways of
the document referred to (parol evidence or revocation?
evidence aliunde needed) Implication or operation of law (total or
Signed by testator and witnesses on each and partial)
every page except in cases of voluminous By virtue of an overt act
books Burning
XPN:all pages were signed Tearing
113. Suppose the testator never intended to 118. What proof is needed when a notarial will
change his mind, should there still be has been lost or destroyed without intent to
revocation by implication of law? revoke?
Yes.what testator should do in this case is Oral or parol evidence
Manifest unchanged mind by executing a Carbon copies- just as good as the original
new will or codicil Photostatic or xerox copy
Where the revocation;presumed by law; ART832.
evidence not admissible to rebut presumption 119. What is the effect on revocation if new will
is inoperative?
114. What are the requisites for revocation by It shall take effect even inoperative
an overt act? Invalid revoking will-cannot be revoked
Overt act specified by law A valid though ineffective will can be revoked
Completion of subjective phase of the overt
act ART834.
Animus revocandi (intent to revoke) 120. What is the effect of revocation on the
Capacitated to make a will at the time of recognition of an illegitimate child?
revoking Recognition doesnt lose its legal effect even
Done by testator himself or another will revoked
In his presence
His express direction 121. How is voluntary recognition of an
illegitimate child be done?
115. What is the rule on overt act of Burning? Record of birth
Suffice;small part burned Will
Thrown into fire;intent;w/o scorching;theres Statement before a court of record
revocation; even unknown to testator Authentic writing
Accidentally burned;no revocation;lack intent
ART835.
123. What is republication?
Process of re-establishing a will
Which has become useless
Because it was void
Or had been revoked