Professional Documents
Culture Documents
It is neither love nor affection that brings the best and worst among
the family, it is property.
Succession, defined.
EXCEPTION: disinheritance
When?
Upon death
o Actual death
o Presumed death
Ordinary presumption
Extraordinary presumption
Period 4 years
o NOTE: there is a difference between
dangerous
circumstance
and
mysterious circumstance (mugawas
daw ni sa exam)
Similarity
Property
Rights
Obligations
Accruals
o Kanang kalit lang nitubo na property by the action of nature
o Remember sa property, alluvium. By nature, act of author,
gradual deposit of soil.
o BUT do NOT say accretion because in succession it has a
different meaning. Its not about the deposit of soil that adds
to the property, accretion is a result when a person
renounces his inheritance and when I renounce it now
benefits the other heir/s similarly situated. What benefits
them is it increases their property. That is accretion in so far
as succession is concerned.
o But if you look at the provision there, when you say accruals,
it is only by action of nature. What about if the accrual is in
the form of income. For example, adona ko building gi-rent
sa Smart pananglit. 1 million a month. I die but smart still
pays the rent. That is an accrual, right? But under the law,
accrual would seem to mean or to refer only to action of
nature. Income is not an action of nature. Technically,
probably, that income will not fall under the contemplation
of accrual but the effect is the same. Where does it go? To
the heirs. The effect is the same.
After-acquired properties
o Reckoning period the time decedent made the will
o NOT the death of decedent
o If you made a will today, the acquired properties later, the
after acquired properties PRIOR to his death does not form
part of the legitime or does not form part of the
transmissible properties because after acquired na siya.
Death
o Must establish death
Rights or properties are indeed transmissible
Transferee is still alive, willing or capacitated to inherit
o Meaning he did not predecease. He did not die ahead of the
testator
o He did not repudiate or who are now capacitated
another or others
Living (alive)
o must at least be conceived at the time of the designation in
the will however subject to the qualifications that:
Real
Personal
Is the corpse or dead body, a part of the property or estate of the
decedent?
o No, it is not property and property is anything that is capable
of appropriation. You cannot appropriate a dead person.
o UNLESS it will be used for science - experiment.
What if you donate your organs?
o You cannot sell your organs anymore. There is a law that
prohibits selling of organs even blood. You cannot sell it
anymore. But of course ang uban tagaan ka ug pahalipay. A
donation.
Last illness means the last illness that caused the death
What if nangumpisal ka during your last illness ( santalana),
that priest cannot be an heir
o What if nangumpisal ka during your last illness but you did
not die of that illness, but instead you died of an accident.
What happens there? Is the priest still incapacitated?
By will
o Notarial will
o Holographic will
EXC: disinheritance
Incapacitated
o Not necessarily mentally incapacitated
o You can be represented in the acceptance
Repudiates
o Difference of repudiation and renunciation
Predeceases
o Nauna kamatay sa decedent
Purely voluntary
Express
o Made in public or private document
Implied
o Disposal
Gratuitously
For consideration
Any person
o PROVIDED that they know that something is coming
Minors and incapacitated persons
o PROVIDED they are represented
The poor
Lawful representatives of corporations
o Acceptance no need of court approval
o Repudiation needs court approval
Kinds of acceptance
The heirs, the legatees, and the devisees. For heirs, there are
the compulsory heirs and the voluntary heirs.
What do you
succession?
-
understand
by
an
heir,
under
the
context
of
When you say with respect, what do you mean by that? The provision of
law says, with respect to the legitimate parents and ascendants. Is it not
kind of redundant there that you need to say, with respect, because there,
you already understood there supposedly, right? That if I die, the compulsory
heirs are children and descendants, or in the absence of these children and
descendants, I go up, parents or ascendants. Why does the law still say
with respect to. Is it not understood that if you are a decedent, you have
children, you have parents? What do you think is the reason why the law still
says with respect to?
The reason there is for emphasis in limitation. It has to be your parent or
your child, not anybody else. For emphasis. So it actually emphasizes
filiation, the relationship. So thats only for limitation.
And then, what else?
-
Who is a devisee?
-
Theyre always there. Their presence does not depend upon the
presence or absence of other compulsory heirs. Because here
were talking about entitlement to the legitime. The legitime is
untouchable.
Except
disinheritance.
Its
only
through
disinheritance that you can touch the legitime.
Can a juridical person make a will? Aside from the provision of the
law, why do you think so?
-
The voluntary heir, devisee and legatee, they all get something
from the free portion only. But the difference is that the legatee
and devisee, they both get something specific; for the voluntary
heir, not necessarily.
Yes, because they get their inheritance from the free portion,
and in that sense, the voluntary heir, devisees and legatees are
considered the same.
Yes.
The State.
When you explain to clients, you cannot say, inchoate pa imong right. Its
very common when you become lawyers maglumot-lumot na nang mga
sumusunod, Nya, attorney, pwede na nako ibaligya? You cannot say
inchoate pa. They cannot understand that. Okay? You say, Hilaw pa.
Paabota. But dont pray, just wait.
What about if the decedent did not make a will? He died intestate
and the decedent is an orphan. No family, no children, no parents,
no spouse, no nothing. Who gets the property?
You said that the capacity to succeed is determined at the time the
succession opens. Why not at the time the will was made by the
testator?
Yes.
Its actually a gray area. Im bothered by this because it says there for
religious purposes. So the question is, when you say religious, can you apply
that to the State? Thats a problem there. Diba? Did you not think about it?
If you read the law there, it states the State, province, municipal
corporations, etcetera, for religious scientific, cultural, educational or
charitable purposes. Does this purpose apply to each and every one of those
enumerations? There is an enumeration there, right? And theyre separated
by a comma. This is statutory construction.
Because under the law, under the Constitution, all the properties
belongs to the State. (for corruption)
What about
represent?
the
grandnephews
and
grandnieces?
Can
they
Theres a part there in the law that says, the right to representation it takes
only in favor of the children of brothers or sisters. What does that mean?
Only up to the line of the nephews and nieces but it does not go beyond
grandnephews and grandnieces.
Yes, but it does not mean that you become grandchildren of the
parents of your adoptive parent because adoption is only between
the adoptive parent and the adopted child. It does not go beyond
that relationship. Walay labot ang grandparents sa adoption,
remember that. Thats why from the grandparents to the adoptive
parents, it stops there.
They are actually collateral relatives, and the farthest only are the
nephews and nieces. So probably the reason there is that the
grandnephews and grandnieces are too far. The law probably
contemplates that it could not have been the intention behind the
provision.
Were you not confused there? Because it could be taken to mean both ways.
It could be taken to mean that nieces and nephews can represent or they
can be represented. If you interpret that as they can be represented, who
represents them? The grandniece and grandnephew now. Did you not think
about that? That can be a source of confusion there. That line, does that
mean that they can represent or they can be represented?
We dont allow because the moment the person repudiates his right
over the property, that means to say that the right to dispose or his
ownership is already separated from himself by the acts of
repudiating the inheritance.
Can the children of the one who repudiates argue, Its not our
fault! That was the decision of our parents! Can they argue that
way?
No, because the children only has the right with regard to the
persons who they represented. Therefore, whatever their parents
have, they only take that right because they are only acting as
representatives.
Yes.
Can you not argue the same with insofar as those who repudiates?
adopted
child?
Again,
why
cant
they
be
Its because filiation is only between the adoptive parent/s and the
adopted child. Walay labot ang grandparents.
What about the stepfather? Can they be compulsory heirs? Why are
they not enumerated?
Let me talk first, this might be your problem. Because it says there,
must be living. Living or at least conceived at the moment the succession
opens, meaning at the moment of death. The problem is, it goes through
say, except in cases of representation, it now presupposes that in cases of
representation, you need not be living, you need not be conceived, you can
be dead, right?
10
I think that's the problem. Because, first, the first premise says you
must be living, now it says, except, so meaning pwede diay patay? Di ba?
Now what did Paras say about that? Paras said that, there's something
wrong with the grammar or the phraseology of the law. Unsa may example
nato ani? Refer to the example in the book. A is the decedent, and he has
two children, B and C. So, if A dies, the succession opens. Now if B and C are
both living no problem. Right? But what if the problem there is, B is okay but
C is incapacitated. Supposedly if C is incapacitated, B gets everything, if we
stop there the moment the succession opens. But now it says, except in
cases of representation. So what happens now is, if we contemplate about
representation, buot ipasabot, C probably has a child D. But the problem
there is, when should C had a child or at least conceived the moment the
succession opens? Kanang buot ipasabot ana, in cases of representation, is
this. If A dies in 2003 then C conceives D in 2007, so if we entertain the
exception there, this could happen. B does not get everything yet at the
moment in 2003 when the decedent died because it says except in cases of
representation.
So, what results is what we call absurdity. Because it results in
suspended ownership. So magpaabot xa. Murag muingon si C nga okay, I am
incapacitated now but wait till I can be represented later on, I might have a
child later on 7 years after, etc.if you're going to go by the exception. And
the book says it results in absurdity. What if C now, conceives D, 20 years
after? So magpaabot si B, when supposed to be the moment the succession
opens, siya ra unta ang muinherit. It is absurd. So what happens next? Since
it is absurd, Paras said it should have been written this way, in cases of
representation if proper, the person represented need not be alive at the
time the succession opens. But, Paras says that might be redundant or
superfluous because we already have a lot of provisions about
representation when the heir predeceases the testator. In other words, in
statutory construction, if the provision of the law does not make sense, if it
results in absurdity the remedy is disregard the law. So in your book,
imaginarily, take out the "in cases of representation when it is proper."
Tangtanga na xa because it does not make sense. It is a superfluity, it's a
redundancy that should not have been there in the first place.
Can a conceived child represent or be represented?
It is impracticable because the law says there that yes, they can
represent, they can be represented but I call that conditional or
provisional representation, because it has to be compliant with
Articles 40 and 41.
It might have been interchangeably used but later on we'll learn and
we'll discover that there is a slight difference between the two. But
not in the context of this article. If you notice, the law there says in
case of repudiation, in case of renunciation. They mean one and the
same thing. They mean that you refuse, but there is a slight
difference in so far as the purpose is concerned. Because in other
Ans: No, still to avoid confusion and uncertainty as the owner of the
property.
Atty. G: What is that unknown will? Is that a new will or an old will?
Or better yet is tat a will subsequent to the one made that you
accepted?
Ans: It's a new will wherein you have no knowledge or which was
subsequently made after you accept.
Atty. G: Okay, first is there's a will, then the testator died, then you accept,
then there's another will that reappears. What is that kind of will? Is that the
will subsequent or prior to the first will? Remember ha, it is an unknown will.
You don't know where it came from? So does it matter now, as to the date of
the execution of the will? If it was before, what is the implication if it was
before the will, will be accepted? Does it matter?
Ans: No, it does not matter because the will that you accepted is
probably a revocation of that old will.
11
Atty. G: But what if the will that resurfaced is after the will that you
accepted? Does it matter now?
So the first premise there is: acceptance of the will is irrevocable, except, in
cases of vitiated consent and appearance of an unknown will that
substantially changes the will that you accepted.
Ans: The following requisites must be met: first, you must be certain
that the testator is dead; and second, you must be certain that you
really have the right to the inheritance. If these conditions concur,
you can now accept or even repudiate.
Ans: Your guardian can accept on your behalf without court approval.
Except in case of repudiation where it needs court approval.
Ans: General rule: any person having free disposal of the property.
Ans: In order for the property to have an owner during those gap of
time.
Ans: No.
Ans: They will vote and majority wins. But even if majority wins, it is
still subject to court approval. The executor's decision is also subject
to court approval. Also, even if that person is designated by the
testator, his decision is also subject to the approval of the court.
Atty. G: I'm very rich, now I say, I donate all my free portion to the
rich. Can I do that?
12
Ans: Yes, because the free portion depends on the will of the
testator. Exactly why it is called a free portion. He can give it to
anybody else, for as long as he don't touch the legitime.
Atty. G: When you say, I donate my free portion to the poor, how do
you determine who is that poor people?
Ans: The intent must be discovered first. If the testator will say that
the poor living under the vicinity of my residence, then we have to
follow that. But, if it is silent, that's when the domicile (refer to the
codal provision) applies.
Express acceptance
Ans: Acceptance does not need court approval, except, public official
establishments which needs approval from the head or executive of
the government.
Atty. G: What if I owe you 1 million and I am an heir, but I did not
accept my inheritance, I repudiate. What is your remedy?
Ans: Go to the court and petition that I will accept the inheritance in
your behalf.
the capacity
I donate the
because the
habet - You
Implied acceptance
13
Accretion
Acceptance
The priest who heard the confession of the testator during his last
illness, or minister of the gospel who executed spiritual aid to him
during the same period;
2. The relatives of such priest or minister of the gospel within the
fourth degree, the church, order, chapter, community, organization,
or institution to which such priest or minister may belong
3. A guardian with respect to testamentary dispositions given by a
ward in his favor before the final accounts of the guardianship have
been approved, even if the testator should die after the approval
thereof; nevertheless, any provision made by the ward in favor of
the guardian when the latter is his ascendant, descendant, brother,
sister, or spouse, shall be valid
4. Any attesting witness to the execution of a will, the spouse,
parents or children, or any one claiming under such witness, spouse
parents, or children.
Otherwise stated, what do you mean there when you said has not
been assumed (title or capacity)?
14
we need 3 witnesses you can be the witness and at the same time
the one who is supposed to be disqualified here, provided you are
the fourth. There must be the 3 witnesses first. Your presence is
redundant, the law has been applied with.
You cannot notarize a document if one of the parties there is related
to you within the 4th civil degree of consanguinity .
Insofar as formalities is concerned, it should be construed strictly
against the validity of the will.
The reason why you are disqualified prior to the approval of the final
accounts is because there might be again that presumption of undue
influence because probably naka-utang pa ka. It actually talks about
liquidation.
Disinheritance
UNWORTHY HEIRS
When you say guardian, does it matter of you are guardian of the
property or guardian of a person?
Yes, both.
15
18
o When you say violent death, what does that mean?
What caused the violent death?
Atty guji: you dont necessarily have to disinherit the heir in the same will.
You can do it in a separate one.
Requisites for a valid disinheritance
a. Must be made in a valid will
b. Must be made expressly
c. Must be for a legal cause
d. Must be for a true cause
e. Must be for an existing cause
f. Must be total or complete
g. The cause must be stated in the WILL itself
h. The heir disinherited must be clearly identified
i. The will must not have been revoked
Note: non compliance of one will render the disinheritance or the will
ineffective
Ineffective disinheritance: there are actually four cases
a. No cause stated
b. No true cause
b.
Elements:
16
o
o
When you say spouse of the testator? Does not refer to the
biological parent of the child?
o No. Not necessarily since the law does not distinguish.
(8) Conviction of a crime which carries with it the penalty of civil interdiction.
Parents or Ascendants
(5)A refusal without justifiable cause to support the parents or ascendant
who disinherit such child or descendant;
o
o
17
o
o
o
(2) When the parent or ascendant has been convicted of an attempt against
the life of the testator, his or her spouse, descendants, or ascendants;
o
o
o
o
o
(3) When the parent or ascendant has accused the testator of a crime for
which the law prescribes imprisonment for six years or more, if the
accusation has been found to be false;
(4) When the parent or ascendant has been convicted of adultery or
concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence, intimidation, or undue
influence causes the testator to make a will or to change one already made;
(6) The loss of parental authority for causes specified in this Code;
o
18
o
o
o
unworthiness
could
also
be
ground
for
Atty.: Is that unlimited? Which part of the law does it say that it is
not unlimited?
o
o
o
o
o
o
Sir : Then that's the time that the condonation must be reduced into writing.
o
June 29, 2016
How Transmitted, Art. 778
Atty.: We said that what is transmitted upon death or even prior to
death is property, rights, and obligations. What are the modes by
which the testator transmit them (PRO)?
o
Take note: Will is just the means by which one transmits by testamentary
succession.
Gamayon | Ibarra | Rudas | Sibay | Singh | Torcal |Tunacao | Villalon
19
Intrinsic ambiguity
o
o
o
o
o
o
o
o
Extrinsic ambiguity
that which does not appear on the face of the will, and is discovered
only by extrinsic evidence.
At the face of the will, there is no ambiguity. But because of
evidence outside the will, it becomes ambiguous.
Atty.: How should we remedy the situation if there is
intrinsic ambiguity?
o A: first, we examine the will itself and then examine the extrinsic
evidence such as written documents of the testator
that which appears in the face of the will itself. By examining the
provision itself, it is evident that it is not clear.
On the face of the will itself, there is already ambiguity.
Atty.: How do we cure extrinsic ambiguity?
o A.: First, examine the will itself. If it is not sufficient, we
go to extrinsic aids/evidence.
Interpretation.
A: the mechanical act of drafting should only be passed to the counsel but
not the expression of the desire of the testator to dispose of his properties.
July 5, 2016
Atty.: When you interpret a will what should prevail? What are you
trying to discover when you interpret a will?
o
AMBIGUITY
Interpretation in case of ambiguity:
Art. 788. If a testamentary disposition admits of different interpretations, in
case of doubt, that by which the disposition is to be operative shall be
preferred.
Because testate succession is preferred to intestate.
As much as possible, the law the law does not like to replace the
intent/choice of the testator. So in case of ambiguity, that
interpretation which gives rise to its being operative is preferred.
The intent of the testator is the supreme law in succession.
20
FORMAL VALIDITY
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.
Observance
an
imperfect
description
of
the
Kinds of validity:
Filipino
o
o
o
o
o
o
o
Alien Abroad
Alien in PH
o
o
21
a) From the viewpoint of TIME the law in force at the time of the
decedents death governs because the death is the operative fact
that transfers the rights to the successors.
Exceptions from the National Law rule (or when PH law may apply):
If the national law of the alien is silent as to which succession law
should govern
If the national law of the alien allows the law of his domicile to
govern, and he is domiciled in the Philippiens at the time of his
death
FORMALITY OF WILLS
Requirements for a Notarial/Ordinary Will (Art. 804-809):
1) Must be in writing
Cross symbol
4) The will must be attested and subscribed by three or more
credible witnesses in the presence of testator and one another.
Attestation witnessing the testators execution of the will in
order to see and take note mentally those things are done which the
statute requires for the execution of a will and that the signature of
the testator exists as a fact; act of the senses.
Subscription signing of the witnesses names on the same
paper for the purpose of identifying such paper as the will which was
executed by the testator; act of the hand.
22
Purpose: to identify the pages used and thus prevent fraud. Thus,
if the signatures are on the right, top, or bottom margin, the purpose
is still served.
July 9, 2016
Succession, defined. (captures the entirety of succession)
It is a mode of acquisition by virtue of which the property, rights
and obligations to the extent of the value of inheritance, of a person
are transmitted through his death to another or others either by his
will or by operation of law.
It already talks about the elements:
1, 2, 3
23
Elements of definition
Mode of acquisition
Transfer of property, rights &obligations to the extent of the value
of inheritance the extent of the value of the inheritance actually
pertains to the obligations.
Through death
Transmission to another
Because it involves:
Her separate property
Deaf or deaf-mute
24
Actual death
Presumed death
o Ordinary presumption
What is transmitted?
Property
o Extraordinary presumption
circumstances:
there is danger of death; missing
vessel; missing airplane; a soldier
sent to war;
Difference
Date of presumptive death
If you talk about ordinary presumption, the death is
presumed at the end of ten or five years; whereas,
extraordinary presumption, you go back to the time
at the time of disappearance.
Similarity
Provisional succession
Except?
Expressly intended but what if the testator did not intend that?
What happens to the after acquired properties? It results in mixed
succession. Theres a will disposing the properties and theres the
part of the properties that was not part of the will, the law will do it
for them
If will is republished or modified
Erroneous belief or ownership but realized example, he thought
he had 8 motor vehicles but he had 5 only at the time of the making
of the will, but at the time of his death he actually had 8. So there
was an erroneous belief that somehow realized.
Legacy of credit paningla siya and the proceeds are yours; but
when you say legacy of remission you owe me, forgiven, I write off,
thats yours.
When transmitted?
But, you know, in annulment cases now, some people would not like the
annulment anymore. They want the declaration of presumptive death for
purposes of remarriage. And some lawyers would like to do that because its
faster, its easier and probably cheaper for the client. But thats very
disturbing because you are actually being compelled there to lie that the
person disappeared under these circumstances. And what if the person
reappears, then the client would say, Okay ra, attorney, nagsabot naman
mi.. blah blah blah. Okay rana, nagsabot mo karon but what if later you win
the lottery. And the person you presumed dead reappears to get the share
from the property. Youre a millionaire now. Dont do that.
o Effect of return or appearance
Recovery of the property
Death
25
A: Well, that now becomes a judicial question. But then again, the
bottom line there is this: for as long as youre not yet dead, the
propertys yours.
Incapacity
Predecease
Renunciation
EXCEPT in cases provided for by law
What are we talking here? When you say incapacity, you can still actually
recover but through your representative, not recover. Predecease? Also,
through your representative. What about renunciation? We said that if you
renounce, you cannot be represented anymore. How do the other co-heirs
get that if you renounce? What is that process, that procedure? Accretion.
Example, three compulsory heirs called to the inheritance. One of them
repudiated and the effect is that the share of these two compulsory heirs will
enlarge or increase. Accretion.
INCAPACITY
Absolute incapacity
Abortive infants
First instinct when we say absolute incapacity: abortive
infants. Right away. Also, those who have an intra-uterine life of less
than seven months, delivered completely but did not survive within
24 hours.
So, if the charter says theyre not allowed to succeed, they cannot
succeed. If the law says they cannot succeed, they cannot succeed. But I am
yet to see a corporation that does not say that it has no right to succeed.
Naa gyud na. The right to succeed, the right to sue and be sued, naa gyud
na pirme. But the other section says probably it means partnership. They
cannot succeed. Now, if we have absolute incapacity, we have relative
incapacity.
Death
Rights or properties are indeed transmissible
There are a few reasons why you are relatively incapacitated. One is undue
influence, number two is unworthiness, and number three, public morality.
Probably, you can inherit from some other person, but not from this person.
Probably, you can inherit some of the properties, but not this kind of
property. Relative incapacity.
26
1.
But prior to that, you cannot. Kay basig imong giingnan nga
pwede ipakang nalang? Naa koy utang eh. I cannot liquidate
everything. Pwede pakang nalang? Can you give me
something?
EXCEPT if:
Guardian is ascendant, descendant, brother, sister or
spouse
3.
Attesting witness to the will, including spouse, parents or children or any one
claiming under such witness, spouse, parent or children
who is that person claiming?
The creditor
o Except if there are three other witnesses
o By consanguinity
Take note the relatives of the guardians are not disqualified only that of
the priest
27
Any heir of full age who knows violent death of testator, who fails to report
it to an officer of law within a month
o EXCEPT if authorities have already acted or there is no obligation
to accuse
General rule - Qualification at the time of the death of the decedent is the
criterion.
Any person convicted of attempt against the life of testator, his or her
spouse, descendants or ascendants
o Effect of acquittal
o Effect of pardon
28
Discussion:
Sir: So if you are an unworthy heir, do you get nothing at all? Not
necessarily. Probably in your capacity as an unworthy heir, you get
nothing. But if you are a creditor you get something. And also
reimbursement for preservation of the property.
Note: Not in your capacity as an heir because you are unworthy.
Relative incapacity public morality
Prohibitions against donations inter vivos apply to testamentary
provisions:
o Those made between persons guilty of adultery
concubinage at the time of donation
or
Discussion:
Sir: What if the incapacitated heir never possess the property, how
can you declare incapacity? Even prior to possession, you can
declare incapacity. Because if you are going to declare incapacity
within 5 years from possession you are going to be locked or shut
out, you cannot do that if the incapacitated heir does not possess.
- You can declare incapacity even prior to possession but only
incapacity because the law requires incapacity and recovery of
possession. If theres no possession, theres nothing to recovery. In
other words, impliedly the law is saying that you can petition to
declare incapacity prior to possession but declaration of incapacity. If
you want both, then it must be within 5 years from possession.
(verbatim ni)
REPUDIATION
Nature of repudiation
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except:
Petition in court
o vitiated consent
o unknown will appears- a will executed after the original
will; it actually revokes, changes or alter the prior will.
When to repudiate?
There must be certainty of death. Except: Presumptive death
Discussion:
Sir: what we are saying here if it concerns about the legitimes, you dont get
that by accretion, you get that in your right as compulsory heir.
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Those who get legitime even in the presence of other primary and
secondary compulsory heirs:
o Legitimate children and descendants, with respect to their
legitimate parents and ascendants
o The widow or widower
o Acknowledged natural children, and natural children by legal
fiction
Who is a devisee?
Personal property
Adopted
Grand nephews and nieces
Compulsory heirs
Predecease
Incapacitated
Disinherited
Real property
Who is a legatee?
When effective
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When to accept
If the heir sells, donates, or assigns his right to a stranger, or to his co-heirs,
or to any of them;
certainty of death
certainty of right to the inheritance
o Acts of disposal
If the heir renounces the same, even though gratuitously the same,
for the benefit of one or more if his co-heirs
beneficiaries and
DISINHERITANCE
Who may be disinherited
How to accept
Express
o Renunciation
Presumed
o No acceptance or repudiation within 30 days after court order of
distribution of estate
Guji: you can question this ground & if you have a liberal judge he might
overturn the will in favor of you
Compulsory heir
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What revokes?
Subsequent reconciliation
Making of a new will instituting disinherited heir
That which results from the designation of an heir, made in a will executed
in the form prescribed by law. (art 779)
There must be a designation of an heir. So even if its a will but you dont
designate an heir, but instead you designate an executor, thats not really a
will.
What is a will?
an act whereby a person is permitted, with the formalities prescribed by
law, to control a certain degree the disposition of his estate, to take effect
after his death. (Art. 783)
What are the essential elements and characteristics of a will?
A statutory right - not a natural right and the evidence there is because
the law itself says control to a certain degree. The property is yours. You
can dispose that any way you like, but there is a limit, and the limit is the
law in the form of the legitime and public policy/morality.
o Intent of the testator prevails - intent in interpretation is the
supreme law of succession.
o Subjects to limits of law and public policy
o Mouthpiece of the dead - Its actually the dead man talking. Thats
why your witnesses must be competent to testify because theyre
going to talk on your behalf after you have departed from this world.
A unilateral act
o No acceptance by the transferee is needed - no need for
acceptance because its premature. If you accept, its meaningless.
Dont accept something that is not yet given to you. Wait for the
death of the person.
It is a solemn or formal act
o In accordance with legal formalities
Animus testandi
o Intent to make a will - but then again you might argue that I am
already making a will, why are you still questioning my intent?
Thats because the will might not involve testamentary dispositions.
I might only appoint you as my executor with the burden and duty to
preserve my property. Thats not a will.
Testator must be capacitated to make a will
TESTAMENTARY SUCCESSION
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Intrinsic
It is an individual act
o Prohibition against a joint will is absolute even if executed in a
country where joint wills are allowed.
Gamayon | Ibarra | Rudas | Sibay | Singh | Torcal |Tunacao | Villalon
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The national law follows wherever you are ( just like the spouse I
didnt say the wife ha! ) the spouse follows wherever you are.
Requirement for a notarial will
Must be in writing
Comment:
If witness : no need to know the language ; it may be
interpreted to the witness
o Philippine laws
o Laws of the coutry where he may be
Comment :
Alien abroad
The testator or the person requested by him to write his name, and
the instrumental witnesses of the will signs each and every page,
except the last, in the left margin.
o Law of nationality
o Philippine laws
Comment:
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Contested
Must be dated
Must be signed by the testator himself
Comment:
Even if at the time the holographic will is probated; it is
already allowed; it does not matter coz what matters is at
the time you made the holographic will. Is that allowed by
law?
Comment:
The best evidence is the Holographic will.
Photocopy
o May be probated
no acknowledgment is required
Comment:
Comment :
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Incorporation by reference
Must be identified by clear and satisfactory proof as the document being
referred to
Must be signed by the testator and the witnesses on each and every page
o Except: