WILLS, SUCCESSION AND ADMINISTRATION Filipino child of an American father died leaving properties in Philippines, China and Japan.

ng properties in Philippines, China and Japan. What law

shall govern the successional rights to his properties? Phil. Law not American law- it is the law of the
FACTUAL SITUATION POINT OF CONTACT decedent.
Extrinsic validity of wills
a. Made by alien abroad Lex nationalii or lex domicilii or Phil. law Art. 816, REVOCATION OF WILLS
Art 17 par 1, CC
Lex nationalii or lex loci celebrationis Art 815, Art. 829- if done in Phil, lex loci actus of revocation. Hence, if revoked in Phil, it is governed by Phil.
b. Made by Filipino abroad CC Law.

c. Made by alien in Phil.
Extrinsic validity of joint wills
a. Made by Filipino abroad
b. Made by alien abroad
c. Made by alien in Phil.
d. Made by an alien and Filipino
abroad
Intrinsic validity of wills
Capacity to succeed
Revocation of wills
a. If done in the Philippines
b. If done outside Philippines
- By a non-domiciliary
- By a domiciliary
Probate of wills made abroad
a. If not yet probated abroad
b. If already probated
abroad
Executors and administrators
a. Where appointed
b. powers
EXTRINSIC AND INTRINSIC VALIDITY OF WILLS IN GENERAL
Extrinsic validity- form and solemnities
Intrinsic validity- order of succession, amount of successional rights and intrinsic validity of the provisions
Conflict rules:
Lex nationalii or lex loci celebrationis Art 817,
CC
Lex nationalii (void even if valid where made)Art.
819, CC
Valid if valid according to lex ntionalii or lex
domicilii or lex loci celebrationis
Lex loci celebrationis- void even if apparently
allowed by Art. 817
Valid as to alien if in accordance with lex
nationalii, lex domicilii, lex loci celebrationis, void
as to Filipino
Lex nationalii of deceased regardless of nature
and location of property Art 16, par.2, CC
Lex nationalii of the deceased, not heir Art. 1039
Lex loci actus of revocation Art. 829,CC
-lex loci celebrationis of the making of the will
Art. 829
Lex domicilii or lex loci actus of the revocation
Art. 17
Lex fori- procedural
Lex fori-procedural
Place where domiciled at death or where assets
are found (nondomiciliary)
Co-extensive with appointing court
-if done outside Phil by a nondomiciliary- lex loci celebrationis of making, not revocation or
lex domicilii
-if done outside Phil. By a domiciliary- lex domicilii- in accordance with Phil. Law
Art. 17, CC- or lex loci actus of the revocation
Example:
Chinese domiciled in Phil. Executed a will in U.S. and revoke it in Japan. What law governs such
revocation? The Philippine will recognize it as valid if it is in accordance with the law of Japan. or the
Philippines.
EFFECT OF CHANGE OF NATIONALITY OF TESTATOR
Extrinsic- nationality at time of execution controls
Intrinsic- nationality at moment of death- right of succession are made effective only from death
CADUCIARY RIGHTS- right of state to claim by escheat proceedings properties of deceased not
survived by any heirs
PROBATE
-act of proving before the court the due execution of a will possessed of testamentary capacity as well as
approval thereof by the said court.
Art. 838- No will shall pass real or personal property unless it is proved and allowed in accordance with
the rules of court.
If executed abroad and not yet probated abroad- lex fori of Philippines applies
If executed abroad and probated there, must still be probated here. Reason: foreign judgment no matter
how meritorious generally cannot have automatic extraterritorial effect. However, it is sufficient to ask for
the enforcement of the foreign judgment. To prove all over the execution will not be necessary.

Art. 816, CC- if a will is made by alien abroad, it must comply with lex nationalii, lex domicilii or the
See Rule 77, ROC
Philippine law.
ADMINISTRATION OF ESTATE OF DECEASED PERSONS
Art. 17, par. 1, CC – or it must comply with lex loci celebrationis
- duties of representative of the deceased in bringing the estate of the deceased into
Ex. Chinese domiciled in France makes a will in U.S., the will is extrinsically valid if it complied with the
a position in which he may safely distribute the balance or residue after payment of
formalities prescribed by China, France, U.S. or Philippines.
debts to the persons beneficially entitled

Art. 815, CC- if a will is made by a Filipino abroad, it must comply with lex nationalii or lex loci
See Rule 78
celebrationis.
Conflict Rules:
Art. 817, CC- if a will is made by an alien in the Philippines, it must comply with lex nationalii or the
Philippine law.
appointment
EXTRINSIC VALIDITY OF JOINT WILLS
- qualified executor and appointed administrator- court of the place where the
deceased was domiciled at the time of death and in case of non-domiciliary- where
Joint wills- executed in the same instrument by two or more testators- considered as null and void in
the assets or properties of the deceased are found
Philippines.
administration
Reciprocal wills- contain reciprocal disposition in favour of the testator- valid
- by law where the administration takes place
Art. 818, CC- two or more persons cannot make a will jointly or in the same instrument either for their
reciprocal benefit or for the benefit of a third person.
rights, powers and obligations
Conflict rules:
- coextensive with the territorial jurisdiction of the qualifying or appointing court
If made by Filipinos abroad- void even if valid there- Art. 819, CC.- prohibition applies only to Filipinos.
distribution of estate
If made by aliens abroad- valid in Philippines if valid according to lex nationalii or lex domicilii or lex loci
celebrationis. - national law of the person whose succession is under consideration

If made by aliens in Philippines- void- against public policy. interpretation of wills

INTRINSIC VALIDITY OF WILLS - in accordance with the testator’s intention

- verbal legis if clear and unambiguous
- ambiguous- law which was most probably in the mind of testator when he used
Art. 16, par.2- national law of the person whose succession is under consideration.
those words and which is presumed to be most familiar to him
Example:
Cases:
Chinese died in Manila leaving some properties in Zamboanga, what law governs the successional rights
In Re Testate Estate of Butler, L-3677, Nov. 29, 1951
of his heirs?- Chinese law

Testate Estate of Idonah Slade Perkins; Renato Tayag v. Benguet Consolidated, Inc. L-23145 Nov. 29,
If the properties are located in China, while the law states “regardless of the country wherein the same
1968
may be found”, it cannot really be given effect unless the properties are located in Philippines.

Leon and Ghezzi v. Manufacturer’s Life Ins. Co. 90 Phil. 459

Cases:

TRUST
Philippine Trust Co. V. Bohanan G.R. L-12105, January 30, 1960.
Miciano v. Brimo 50 Phil. 867
Testate Estate of Amos G. Bellis, et. al. V. Edward A. Bellis L-23678, June 6, 1967 -fiduciary relation concerning property which obliges the person holding it to deal with the property for the
Testate Estate of Edward Christensen, Aznar v. Christensen Garcia L-16749, Jan. 31, 1963 benefit of another
In Re: Testate Estate of Suntay, 95 Phil 500
- if created by an act mortis causa- will- a testamentary disposition- extrinsic validity- follows rules on
CAPACITY TO SUCCEED wills, intrinsic validity- national law of the deceased
Art. 1039, CC- law of the nation of the decedent
-if created by an act inter vivos- property- lex situs