SUCCESSION- ART 793-803

6/15/2011

Article 793. Property 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. Purpose of the Provision: To prevent at least partial intestacy Comparison w/ Art. 781

Article 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. 781 793
Pertains to properties w/c accrued after the death of he Pertains to properties acquired by testator after the testator execution of the will. It allows the complete distribution of person's estate to include those properties not yet acquired during the execution of the will.

General Rule Respecting after-acquired Properties- what are given by the will are only those already
possessed and owned by the testator at the time the will was made , not those acquired after (afteracquired property) Exceptions: the after-acquired properties are also given to the persons designated in the will is it expressly appears in the will that it was the intention to give such after-acquired properties if the will is republished or modified by a subsequent will or codicil (the prop.owned at the time of such republication or modification shall be given) if at the time testator made the will he erroneously thought that he owned certain prop., the gift of said prop. Will not be valid, unless after making the will, said prop will belong to him 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

Article 794. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. All proprietary interests included Conflicts Rule: If one is alien residing in the Phil, the law of domiciliary and nationality law shall govern the formal validity of the will. When nationality laws cannot apply, the domicillary law shall apply.

General Rule as to What Interest may be disposed of- the entire interest of the testator in the property is
given- Not more, Not less EXCEPTIONS: A. He can convey a lesser interest if such intent clearly appears in the will. B. He can convey a greater interest, thus the law provides if the testator ...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 (Art 929 and Art 931) C. HE can even convey property which he very well know does not belong to him, provided that it also does not belong to the legatee or devisee

Article 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (862a)

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Article 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing.
Article 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. Significance of validity: It must satisfy all the requirements for extrinsic and intrinsic validity Kinds of Validity w respect to Wills- 2 Kinds of Validity 1. Extrinsic- refers to forms and solemnities needed (ex. # of witnesses to a will, kind of instrument), may be in viewpoint of TIME and PLACE (or country); FORMAL VALIDITY w/c the law requires that is, a will be in proper form ad made by one w/ testamentary capacity From the viewpoint of time- what must be observed is the law in force at the time the will is made From the viewpoint of PLACE or Country- what law must be observe depends: a. If the testator is a Filipino, he can observe Phil. Laws (Art 804-814); or those in the country where he may be (815) or those in the country where he executes the will (17 lex loci celebrationis or locus regit actum) b. If the testator is an alien who is abroad, he can follow the law of his domicile, or his nationality or Phil. Laws or where he executes the will c. If the testator is an alien in the Phils., he can follows the law of his nationality or the laws of the Phils., since he executes the will here 2. Intrinsic- refers to the legality of the provisions in an instrument, contract, or will; SUBSTANTIVE VALIDITY such as issues involving legitimes From the viewpoint of time- successional rights are governed by the law in force at the time of the Decedent's death 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 Note: BELLIS v. BELLIS- If a Texan (US) provides in his will that his properties in the Phils, should be distributed in accordance w/ the Phil law on succession, the provision is to be regarded as VOID because it contravenes Art 16, par 2 which ordains the application of his own national law. Thus, if a Texan, under Texan law has no compulsory heirs, the Phil law on the legitimes of compulsory heirs cannot be applied. A testator cannot be expected to know the future, hence, it is enough that he follows the law in force at the time he makes the will RENVOI- the return or referring back to us of the problem RECOGNITION if of 2 Kinds: Compulsory or Voluntary

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SUBSECTION 2. Testamentary Capacity and Intent Testamentary Power Testamentary Capacity

Statutory right to dispose of property by acts effective The right to make a will provided certain conditions are mortis causa (a right given as a consequence of complied w/: (Art 796-799) ownership and respect for family relations) It may be divided into 2 Kinds: a. Active testamentary capacity- capacity to make a will or codicil (testamentary Power) b. Passive testamentary capacity- capacity to receive by virtue of a will The privilege granted by the law to someone to make a The ability of one to make a will will (Note: convicts in the Phils have both testamentary capacity and power), unless otherwise disqualified

Article 796. All persons who are not expressly prohibited by law may make a will. Who can make wills? General Rule: CAPACITY 2 General Qualifications- 18 y. old or over, soundness of mind at the time the will is made A convict under civil interdiction- prohibits a disposition of property inter vivos and not mortis causa (Art 34 RPC) Spendthrifts or prodigals All persons means natural persons only Capacity to make a will is called testamentifaccion active, whereas capacity to inherit or by a wil is testamentifaccion passive

Article 797. Persons of either sex under eighteen years of age cannot make a will.

Under Spnish law, a person should have passed his 18th bday before he can make a will
An individual is no longer subject to fraud, influence or insidious machinations Consent of parents not req'd

Article 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution. SOUNDNESS OF MIND- must exist at the time of the execution of the will, no before or after

Article 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. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. Requisites for soundness of mind: 1st par- NEGATIVE Definition while 2nd par. Gives the Affirmative Definition Soundness of mind requires: a. the testator knows the nature of the estate to be disposed of b. that the testator knows the proper objects of his bounty c. the testator knows the character of testamentary act Senility (infirmity of old age) v. Senile dementia (decay of mental faculties)). The latter when advanced or absolute, may produce unsoundness of mind resulting in testamentary capacity

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How soundness of mind is manifested 1. Religious delusion in the unsettling of judgment 2. Blind extraordinary belief in spirits while making a will 3. Monomania- insanity on a single obj. (if this happens to be on the subject of wills/successions) 4. Insane delusions0 belief int hings which no rational mind would believe to exist 5. Drunkenness if results in failure to know the testamentary act 6. Idiocy- congenital intellectual deficiency 7. Comatose stage 8. State of delirium

Article 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary. 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; but 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. Presumption of Soundness of mind- Sanity is the general rule 2 Instances when testator is presumed insane: a. 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. b. If the testator made the will after he had been judicially declared insane, and before such judicial order had been set aside Absence of presumption: presence of mere delirium, and insanity of parents and children of the testator Evidence of Soundness of Mind- attesting witness' testimony as to the mental condition of the testator Article 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. Article 802. A married woman may make a will without the consent of her husband, and without the authority of the court. (n) Article 803. A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. The wife cannot dispose of her husband's capital (At 930-931)

Article 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (862a) Article 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. Married woman must respect the legitime of her compulsory heirs (Art 886) Article 886. Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.

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