Succession

1. Primary of the will of descedent

2. Testasy is preferred over intestate succession
3. Theories: Succession is extension of right of
ownership ; succession is based on the right of the
family (Basis: Family coownership) ;
4. Succession mode of acquisition by virtue of
which the property rights, and transmissible
obligation to the extent to the valid inheritance
are transmited .
5. Article 774 : Mode of acquisition ; separate
distinct mode of acquiring ownership
6. Succession is sufficient to transfer and covey
ownership to a person kasi mode sya
7. There is a transmission thru his death. Testate or
intestate? Dapat may death!!
8. What is death? When is he dead? A person is
considered dead whwn there is a total permanent
irreversible cessasion of bodily functions. Law : no
tempo death. Death is the most permanent thing
under the law. If a person is rushed to hospital
7am. Massive heart attack. Pag sabi ng doctor :
Dead na. After that, doctor signed certificate then
taken home ng relatives ang dead person. Nasa
wake na. 11am : nabuhay. Was there succession?
NO. Walang temporary death. Either dead or not
lang.
9. In succession, there are so called subjective
elements and objective elements
10.
Subjective elements : person who died , and
those who succeed him
11.
Objective element : inheritance
12.
Remember
the
MOST
IMPORTANT
PROVISION : Article 777
13.
The rights to the succession are transmitte
from the moment of death of the descedent.

14.
If a person dies at 7am from that very
moment : successional rights are already
transmitted. Kahit mainit pa yung kamamatay na
tao. It is from that moment when there is
transmission of rights.
15.
Lorenzo vs posadas : a prson died, in the will
in which he left. I give all my properties to my
nephew. Pero makukuha niya after 0years ng
pagkamatay niya. In determining as taxes due.
Ano basis? Value ng properties at the end of
10year period or upon death. VALUE AT THE TIME
OF DEATH. Because it is that moment when there
is transmission of successional rights.
16.
Locsin vs CA : during lifetime of descedent,
all properties are disposed of, nung nanmatay onti
na lang natira. Nephews and nieces are only
allowed kung ano natira nung pagkamatay.
17.
If the survivors, compulsory heirs entitles to
legitimes : Ibang story ito. Kaylangan may process
of collation. Gratutitous dispsotition is concerned.
18.
Transmission of rights occurs upon death.
19.
Di important Makita mong lying and dead
person.
20.
Sometimes may succession sa presumptive
death
21.
Situations when person is presumed dead
for purposes of succession: Ordinary absence;
extraordinary absence
22.
Ordinary absence : 10 years wala,
succession na!
23.
Extraordinary absence : involves situations
when a person disapeears when there is great
danger or risk of death.
a. Those on board, plane, ships na nawala,
naing absent for 4 years. Those nakuha ng
war.
b. Mine : nagkaron ng cave in di na Makita

24.
When is death deemed to have occurred?
Ordinary absence : at the end of period.
Extraordianry absence : at the stop
25.
You have to wait for the period to expire
before presumption would arise.
26.
Testate : may will
27.
Intestae : walang will
28.
Mixed : partly by will tapos half by operation
of law
29.
Under certain provs on civil code: They are
treated differently. There are certain provisions. Is
he an heir or devisee?
30.
Ommission of compulsory to direct line will
result to the annulment of institution of heir.
31.
if you happen to be a devisee : meron ka pa
din makukuha
32.
Let us assume : Mr X has one legitimate
child. He dis with a will. Two provs only sa will. 1. I
give my friend F 10,000 pesos. 2. I give the rest of
my estate to my friend G.
a. X dies. Leaving total hereditary estate
120,000 pesos.
b. With that will, that the child ay walang
inheritance.
c. How do we distribute?
d. Article 854 kasi may peretition :
e. In the case of Mr f. F is a legatee. Legacy is
respected. If not inofficious. Out of 120k,
60k sakanya. The other half : Free portion ,
60,000. Legacy of device inooficious if
exceeds free portion. To whom will this
50000 go? It should go to S. Under 854 onc
there is peterition may annulment of
institution of S.
33.
I give my x (heir) half of my estate.
34.
A person is a devisee if given a determinate
item of property : house and lot in QC.

35.
What ar after acquired properties? Property
after acquired aftr execution of the will and before
death of testator.
36.
General rule : They do not go tot
testamentary heir
37.
Exception : if kita sa will ay bigay sa
testemaentary beneficiary
38.
Will of mr x, I give all of my cars. At the time
he made his will, he had 5 cars. How many cars
will mr f acquire. 5 cars
39.
What is a will?
40.
Testamentary
disposition
dapat
yung
magsabi ay yung mamamtay talga.
41.
Dapat hindi dependent sa compliance ng
ibang person
42.
786 : the testator is permitted by the law to
give specific property or sum of money to a class
or a cause.
43.
Patent ambiguity : I give to two of my
brothers my h and olot to qc. Walang name ng
brothers.
44.
Intrinsic evident : nakalagay sa will.
45.
Testasy is preferred over intestasy
46.
Validity of the will as to its form dependets
ssa law it was enforced.
If may subsequent
changes : di pwede sa will. Exception:
Retoractivity ; exception to exception : testator
has died before (upon)
47.
Basic requirements before a person can
make a valid will. At least 18 years of age; Di
pwede may kulang kahit ilang araw lang. must
have celebrated 18th birthday or 18th anniv of her
birth. Must be of sound mind. (codal prov of sound
mind : 799) [testator at the time he makes his will
should know the nature of th estate to be
disposed of, he should know the proper objects,
know the character of th testamentary act] as

long as alam ni testator know this, then he has

testamentary capacity.
48.
Law is even more categorical. Not required
that the mind of testator is undue or impaired.
49.
Testator must now kung ano ano ang
properties niya. Kahit di exact address sa house
and lot. Pwedeng di exact amount sa bank
account. Sufficient na alam ang kanyang
valuables.
50.
Presumption
is
soundness
of
mind.
Disputable and rebuttable presumption
51.
Sometimes presumption is reversed, if
testator one month or less before making of the
will was publicly known to be insane.
PRESUMPTION: NOT OF SOUND MIND, AND HE
WHO ALLEGES OTERHWISE HAVE TH BURDEN OF
PROOF.
52.
Testator must know his bounty. Must know
who are the eprsons closest to him. Who are the
individuals by nature of their close relationship
would have the natural thing to expt something
from him.
53.
If at the time testator makes his will, di niya
na ma recognize ang children, wife , then di na
sya capcitated to make valid will.
54.
Must know the character of testatmentary
act. Dapat last will and testament. Must know the
bases for disctibuting his estate. When he dies..
he should know that it is within his power as
testoater to revoke will aytime in his death.
55.
Supposing that a person, believs n the
existence of unseen beings like dwarfs, elves,. He
even claims to talk to these creature. Incapcitated
ba sya to make a will? NO. mre belief of these
existence will not necessarily render a person
incapacitated to make a will.
56.
There is no max age for making a will.
Merong minimum but no maximum

57.
Even if testator is 110 years old, he can still
make a valid will. He may be suffering host of
diseases, pwede pa din. As long as pasok sa
requirements
58.
The capacity to make a will must be
possessed at the time of execution.
59.
His will is valid ven if subsequently he
becomes incapacitated. If Mr x makes a willa t age
of 22 then after that, unsound mind na sya, but 2
years after exceuting of will, naging insane. And
he died in state of insanity. His will should be
allowed. Fully capacitated to make one.
Converely, testator did not have capacity, his will
remains invalid.
60.
FORMS OF WILLS 804 814 : formalities
prescribed by law. Both notarial and holographic
wills.
61.
804 : we dont have oral wills. All wills must
be in writing.
62.
Holographic will any material can be used.
63.
Di lahat dapat nasa writing. Will must be
executed in a language known to the testator
64.
If the will was written in English but tstatotr
did not know English he knew only Filipino, but
lawyer who drafted the will explained it to the
testator completely. Remains an INVALID WILL
65.
Not necessary for validity of will that the will
itself should contain a statement to that effect
that it is known to the dialect of testator.
66.
If there is a dispute , people opposing will
say : This will is in English, testator di alam
English. Neccesitat presentation of evidence.
Evidence which can come to the outside not
necessarily from the will itself. Petitioner may
present witnesses who will testify
67.
Requirements of valid notarial will : 805

68.
Must be subcscribed at the render thereof
by testator himself or by testators name written
by
69.
Subscription or sigining at the end of the will
is an essential requirement for validity. If the will is
a five page will and testator affixed his signature
in each and every page of the will, on all of the
margins, but he did not sign at the end of the will,
NOT A VALID WILL BECAUSE IT FAILS TO COMPLY
WITH AN ESSENTIAL REQUIREMENT under 805
70.
Where is the end of the will? Nto to the
physical end but to logical end. After the last
testamentary disposition.
71.
Law allows affixing of name by a third
person BUT remember two requirements : must
be done in presence of testator and it must be by
his expressed direction. BOTH REQUISITES MUST
CONCUR OR ELSE IT IS VOID
72.
If testator is Juan Santos, and the person
requested to write his name is Pedro Santiago,
How can pedro Santiago comply? HE SHOULD NOT
FORGET TO KNOW THE NAME TESTATORS NAME.
73.
In signing his will may use his usual
signature. He can also use his initial. By initial, it
means shortened version of our signature.
74.
If testator has a pen name, he can use it.
75.
If he happens to be a movie star, screen
name : pwede!
76.
Can a testator his nickname? Pwede
77.
Can a testator sign his will by his
thumbmark? Pwede
78.
How about mark of his bigtoe? Pwede!
79.
Lips pwede gamitin? Yes! As long as it can
be established as it can be used as a sign or mark
80.
Notarial will must have three or more
credible witnesses. Is it necessary therefore
during probate of will that there must be first
preliminary proof that witnesses are credible

individuals in the sense that they enjoy

highdegree of respectability? NO. when law says
credible
witnesses
meaning
qualified
and
competent witnesses. No need for preliminary
proof of witnesses probibity, honesty and etc.
81.
Can there be more that 1 witnesses? Yes.
Walang problema! But should have not have less
than 3
82.
If only 3 witnesses: NOT VALID WILL
83.
Paragraph 2 of article 805 : testator and
witnesses are required to sign each and every age
aexcept the last on the left margin.
84.
Supposing, they wanted it to be different ,
gusto nila right margin? PWEDE. As long as each
page has the marginal signature of testator and
the three witnesses
85.
Supposing that it is a five page will, it is
perfectly executed except that on page 3 you
dont find the signature of the testator on any of
the margin or you cant find signature of any of the
witnesses, should the will be allowed?
86.
Get these three types of individuals as a
witness : Pari/madre/ pastor these people has
high degree of credibility ; attending physician of
testator if there is question about mental state,
attending physician kaya answer questions;
lawyer para pag may question about due
execution kahit balik baliktarin yan, kaya niya.
87.
Duplicate original was perfect, it was signed
by testatator and witnesses in all palces kung san
apat mag sign . Sabi petitioner : if di ma probate,
probate duplicate original. COURT HELD : we have
examined testimony because both parties
presented evidence. We are not inclined to believe
the assertions that forged and docs. The mere fact
that oppositors alleged fraud and undue influence
in same opposition, simply show how weak
sakanila. THEY CANNOT BOTH EXIST. Either fraud

or undue influence. Undue influence connotes

idea of coercion. He is unable to manifest his own
will. Because overpowered sya ng will of another.
Oppositors are faced with a dilemma.
88.
All of the apges should be numbered
coleratively on the..
89.
Precise location of numbering is not really
essential for validity. As long as numbered
correlatively . spell out din. Example : One, Two,
Three
90.
Pwede din Arabic. Di maaffect validity of the
will
91.
Supposing 5 page will, pages 2,3,4,5, is
numbered. Yung 1 ay hindi numbered. Allowed
ang will? YES. Kahit hindi numbered there is no
doubt that it is so page 1!
92.
The itnesses are required to sign among
other things on every apge of the will. Just like
testator, witnesses can also sign. With neame,
pennames, screenanames.. thumbmark.. pwede!
As long as in reality they know how to read and
write. Dahil isa sa requirement sa isang witness
aydapat read and write.
93.
Would it make any difference if the
witnesses signed the will ahead of the testator? As
long as there is no interruption or as long as they
all signed in one single continuous occasion,valid
dapat.
94.
If however the testator invited the witnesses
sa residences niya on January 1. At sinabi ito last
will testament, gusto ko kayo wintess ko. Please
sign. After witnesses signed, sabi ng testator,
meet tayo January 6 I wanna think about this. Thy
met January 6 at dun na sign. WILLS HSOULD NOT
BE ALLOWED. It is clear there that there is
attesting of the falsehood dahil di si nagsign agad
testator.

95.
If a third person has been asked by the
testator to write his name his will to the will,
under express direction of testator and his
presence, mere silence of testator or failure to
object to is not expressed direction
contemplated by law. If testator is very sick,
nandyan sya sa madaming tubo nakalagay sa face
niya tas lawyer niya nag draft will as instructed by
testator. Let say nanudn din notary public. Sabi ng
lawyer, oh mr testator I think wala ka sa position
to sign this will to yourself. Ako nalang mag sign
for you unless may objection ka. Walang objection
(Hindi kumibo) , sinign ng lawyer. MERE SILENCE
IS NOT EXPRESSED DIRECTION. EXPRESSED
DIRECTION NEED NOT BE DONE VERBALLY. IF THE
ALWYER ASKS THE TESTATOR,
at tumango,
pwede!
96.
If the testator orders the lawyer na mag sign
at three witnesses nandun but too crowded kaya
yung testator at witnesseses and lawyer lumipat
sa kabilang room. MALI NA.
97.
If testator ay very sick. Inutusan niya si
attorney gumawa will. Dinicta niyia mga isusulat.
Then lawyer took notes. Then si atty mag sign
sabi ni testator. Pero biglang na coma. Sabi ng
lawyer sabis a tistigo, I should sign the will for him
we all heard. Then lawyer signed it. VALID? NOO.
While it is done with close physicial proximity
wotith testato, requirmenet of presence was no
longer satisfied. IT REQUIRES a consciousnesss,
awareness, of what was going on.
98.
The presence of notary public is not required
at the time of actual signing by the testator and
witnesses.
99.
With the terms of acknowledgement of will,
nandun notary public syempre Haha

100.
The law in article 805 gives us in paragraph
3 the matters which are required to be stated in a
testation clause. What are these?
101.
Number of pages : msut b satates to.
102.
Mus state that testaro signed will and all
pages thereof. Or caused som other person.
103.
If what is missing the attestation clause can
be aprt of another part of the will, the will may still
be allowed. As long as what is missing can be
found in other part of the will. Example : total
number of pages wala sa attestation clause. In
notarial acknowledgement, annaudn total number
of pages of will. Pwede! Substantial compliance.
104.
Supposing total number pages of will di
kasama sa attestation clause. Peroo sa end of
document, nandun. YES. Because while the
element is missing, in the attestation clause it is
nonetheless found in another part of the will
105.
Supposing
attestation
clausedoes
not
categorically state that the testator signed each
and every page of the will. Can the will be
allowed? YES. As long as each and every apge of
the will contains the testators signature.
106.
Although attestation clause does not state
di nasign sa everypage of will.. the failure to state
expressly that testator of the will MAY BE CURED
107.
But if what is not stated in the attestation
clause is the fact that the testator signed in
presence of witnesses, INVALID and will. MAY NOT
BE CURED EVEN IF YOU FINDS THAT TESTATORS
SIGNATURE SIGNED WITH WITNESSES.
108.
Mere fact wtestator and wintess signed, will
not prove .
109.
If testator invites the three witnesses to his
residence on January 1 , I have decided to make
my last will and testament. Sabi niya eto na will
ko. Signature ko yan page 3 signature ko yan..

then inask witnesses to sign it. NOOOO. Di pwede.

Hindi enough.
110.
There is presence if there is close physical
proximity.
111.
The law does not required that the testator
and witnesses see each oter sign.. all is required
they could have seen each other sign. There is no
physical obstruction so that they could see each
other sign.
112.
If testataor is blind ? Pwede use other
senses.
113.
Supposing attestation ay language not
known to the testataor? YES PWEDE to.
Attestation is the act of the witnesses not of the
testator.
114.
Assuming 5 page will. Page 5 contains only
the attestation clause. The testator signed at the
end of the will on page 4 and also signed together
with witnesses sa page 2,3,4,. Page 5, you did not
find left margin or any marin of page the
testators signature? Allowed! Since page5 ay
attestation clause lang. walang kinalaman si
testator.
115.
If attestation clause is not signed by the
witnesses, kasi di signed by them! Invalid.
116.
The will msut be acknowledged bfore a
notary public. Walang valid notrairal will if di
acknowledged. Notary public di kailangan present
sa time ng pag sign ngmmga witnesses and
testator.
117.
Notary public if bereft of power to perform
any notarial act poutside its notarial jurisdiction
118.
Not just the testator but as the witnesses
must acknowledge before notary public.
119.
When it comes to acknowledgement they
can do it separately.
120.
If one of the three witnesses is also the
notary public who naturalized the will, that is not a

valid will. Dahi notary public isa sa witnsses can

be assume to different personalities. If there are 4
witnesses pwede pa! kasi may iba pang
competent witnesses excluding the notary public.
121.
Remember th special rules for peple who are
under a disability. If the testator is deaf or deaf
mute, the requirements are found in article 807
122.
If testator is blind : will ay read twice.
123.
If the will is read only once sa testator.
INVALID ANG WILL. It is not for testator to WAIVE
second
reading.
MANDATORY
LEGAL
REQUIREMENT. Must be complied with otherwise
magiging invalid.

124.
If illiterate walang specific prvision..
125.
Ang nagbasa ng will was the lawyer who
drafted it. And yet the will was allowed there.
There were all sited at the round table nandun 3
witneses, notary public at copy ng will lahat sil.
Basa si atty. Theya re following his reading. After
that, testator said, that is my will. Acknoldge
signed May substaintial compliance and
correctly so.
126.
In absence of fraud.. shall not render will
invaid if it was proved attested in substantial
compliance with article 805