DEFINITIONS

(774-782)

Art 774

Succession
mode of acquisition
by virtue of which Property, Rights and Obligations of a person are transmitted
to the extent of the value of the inheritance
through his death
to another or others
either by his will or by operation of law

Art 775

Decedent
person whose property is transmitted through succession
whether or not he left a will

Testator
person whose property is transmitted through succession
if he left a will

Art 776

Inheritance
ALL Property, Rights and Obligations of a person
which are not extinguished by his death

Art 777

Rights to the succession

transmitted from the moment of death of the decedent

Art 778

Succession may be
 testamentary
legal or intestate
mixed

Art 779

Testamentary Succession
results from the designation of an heir
made in a will
executed in the form prescribed by law

Art 780

Mixed Succession
effected partly by will and partly by operation of law

Art 781

Inheritance
includes
Property and transmissible Rights and Obligations
existing at the time of his death

AND

Those which have accrued thereto

since the opening of the succession

Art 782

Heir
person called to the succession
by provision of a will
or
by operation of law

Devisees
persons to whom gift of real property are given
by virtue of a will
Legatees
persons to whom gift of personal property are given
by virtue of a will
TESTAMENTARY SUCCESSION

WILLS
(783 – 839)

Wills in General
(783 – 795)

Art 783: DEFINITION

Will
act whereby a person is permitted to control
the disposition of his estate
with the formalities prescribed by law
to take effect after his death

Art 784: PERSONAL ACT

Making of a will is a strictly personal act

cannot be left
in whole or in part to the discretion of a third person
or
accomplished through the instrumentality of an agent or attorney

Art 785

Duration or efficacy of the designation of heirs, devisees or legatees

Or
Determination of the portions which they are to take

when referred to by name

cannot be left to the discretion of a third person

Art 786

Testator may entrust to a third person

distribution of specific property or sums of money
that he may leave in general
to specified classes or causes
AND
 designation of the persons, institutions or establishments
to which such property or sums of money are to be given or applied

Art 787

Testator may not make a testamentary disposition

such manner that another person has to determine
whether or not it is to be operative

Art 788: INTERPRETATION

If testamentary disposition admits of different interpretations

in case of doubt
interpretation by which the disposition is to be operative
shall be preferred

Art 789: IMPERFECT DESCRIPTION

Imperfect description
or
No person or property exactly answers the description

mistakes and omissions must be corrected

if the error appears
from the context of the will
or
from extrinsic evidence
excluding oral declarations of the testator as to his intentions

testator’s intention is to be ascertained from the words of the will

when uncertainty arises
upon the face of the will
as to the application of its provisions
taking into consideration the circumstances under which it was made
excluding such oral declarations

Art 790: ORDINARY AND TECHNICAL WORDS

GR:
Words of a will
 to be taken in their ordinary and grammatical sense

ER:
Clear intention to use them can be gathered
AND
That other can be ascertained

GR:
Technical words
to be taken in their technical sense

ER:
Context clearly indicates a contrary intention
OR
It satisfactorily appears that the will was solely drawn by the testator
and that he is unacquainted with such technical sense

Art 791: PREVENTION OF INTESTACY

Words are to receive an interpretation

which will give to every expression some effect
not one which will render any of the expressions inoperative

Preferred: which will prevent intestacy

Art 793

Property acquired after the making of a will

shall pass 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

Art 794

GR:
Devise or legacy
shall convey all the interest
which the testator could devise or bequeath in the property disposed of
ER:
It clearly appears from the will that he intended to convey a less interest

Art 795: LAW

Validity as to FORM
law in force at the time it is mades

Testamentary Capacity and Intent

(796 – 803)

Art 796: WHO MAY MAKE A WILL

All persons not expressly prohibited by law

Art 797: WHO CANNOT MAKE A WILL

Under 18

Art 798: WHO MAY MAKE A WILL

Sound mind
at the time of its execution

Art 799: SOUND MIND

Not necessary that

testator be
in full possession of his reasoning faculties
or
his mind be
wholly unbroken, unimpaired or unshattered
by disease, injury or other cause

Sufficient that testator was able to know at the time of making the will
nature of the estate to be disposed of
proper objects of his bounty
character of the testamentary act
Art 800: PRESUMTION OF LAW

GR:
Law presumes that every person is of sound mind

ER:
Proof to the contrary

Burden of proof that testator at the time of making his will

is not of sound mind:
person who opposes probate

If testator was publicly known to be insane 1 month or less before making his will
burden of proof that testator
made will during lucid interval:
person who maintains validity of the will

Art 801: SUPERVENING INCAPACITY

Supervening incapacity
does not invalidate and effective will

Will of an incapable is not validated

by supervening capacity

Art 802: MARRIED WOMAN

May make a will

without consent of husband
AND
without authority of court

Art 803: MARRIED WOMAN

May dispose all her separate property and share of CPG and ACP
by will
Forms of will
(804 – 819)

WILLS IN GENERAL

Art 804

Every will must be

in writing

AND

executed
in a language or dialect known to the testator

NOTARIAL WILL

Art 805

(4)
Every will,
other than a holographic will,
must be

subscribed
at the end thereof

by the testator himself

or
by the testator’s name written by some other person
in his presence,
and
by his express direction,

AND

attested and subscribed

by three or more credible witnesses
in the presence of the testator
and
of one another.
(6)
The testator
or
the person requested by him to write his name
and
the instrumental witnesses of the will,

shall also sign,

as aforesaid,
each and every page thereof,
except the last,
on the left margin,

and all the pages SHALL be numbered correlatively

in letters
placed on the upper part of each page.

(5)
The attestation shall state
the number of pages used upon which the will is written,
and
the fact that
the testator signed the will and every page thereof,
or
caused some other person to write his name,
under his express direction,
in the presence of the instrumental witnesses,
and that the latter
witnessed and signed the will
and all the pages thereof
in the presence of the testator
and
of one another.

(1)
If the attestation clause is in a language not know to the witnesses, it shall be interpreted to them.

Art 806

Every will must be acknowledged

before a notary public
by the
 testator
and
the witnesses.

The notary public

not required to
retain a copy of the will
or
file another with clerk of court.

Art 807: DEAF / DEAF-MUTE TESTATOR

Must personally read the will

if able to do so
otherwise
he shall designate two persons
to read it
and
to communicate to him the contents of the will
in some practicable manner

Art 808: BLIND TESTATOR

Will shall be read to him twice

once by one of the subscribing witnesses
and
by the notary public
before whom the will is acknowledged

Art 809: DEFECTS AND IMPERFECTIONS

Defects and imperfections in the

form of attestation
or
language used therein

shall not render the will invalid

if it is proved that
the will is in fact executed and attested
in substantial compliance
 with all the requirements of Art 805
in the absence of
bad faith
forgery
fraud
undue and improper pressure and influence

HOLOGRAPHIC WILL

Art 810: HOLOGRAPHIC WILL

Must be
entirely written
dated
signed
by the hand of the testator himself

Subject to no other form

May be made in and out of the Philippines
Need not be witnessed

Art 811: PROBATE OF HOLOGRAPHIC WILL

Necessary that
at least one witness
who knows the handwriting and signature of the testator
explicitly declare that
the will and signature
are in the handwriting of the testator

If the will is contested,

necessary that
at least three witness
who knows the handwriting and signature of the testator
explicitly declare that
the will and signature
are in the handwriting of the testator

In the absence of any competent witnesses referred to in the preceding paragraph

AND
if the court deem it necessary
expert testimony may be resorted to
Art 812

Dispositions of testator written below his signature

must be
dated
and
signed by him
to make them valid as testamentary dispositions

Art 813

A number of dispositions appearing in a holographic will

are signed
without being dated
AND
the last disposition has a signature and date

such date validates the dispositions preceding it

whatever be the time of prior dispositions

ART 814: Insertion, Cancellation, Erasure or Alteration

Testator must authenticate

by his full signature

CONFLICTS RULE

Art 815: FILIPINO IS IN A FOREIGN COUNTRY

Authorized to make a will

in any of the forms established by the law of the country in which he may be

Such will may be probated in the Philippines

A. where he is domiciled-???,
B. domiciliary law-???,
C. lex loci celebraciones-17,
D. Testator’s national law (Filipino so D = E)
 E. Ph law-17

Art 816: ALIEN WHO IS ABROAD

His will produces effect in Philippines if

made with the formalities prescribed by the law of the place in which he resides
or
according to the formalities observed in his country
or
in conformity with those which this Code prescribes

A. where he is domiciled,
B. domiciliary law-???,
C. lex loci celebraciones, (not included bec he resides abroad so A=B=C)
D. Testator’s national law-816
E. Ph law-17

Art 817: WILL MADE IN PH BY CITIZEN OR SUBJECT OF ANOTHER COUNTRY

If executed in accordance with the law of the country of which he is a citizen

AND
Which might be proved and allowed by the law of his country

Such shall have the same effect as if executed according to Ph law

(testator’s national law-817, Ph law-17)

A. where he is domiciled (made in Ph so A=B=C=E)

B. domiciliary law
C. lex loci celebraciones
D. Testator’s national law-817
E. Ph law-17

Art 818

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

Art 819

Wills prohibited by Art 818

AND
executed by Filipinos in a foreign country
shall not be valid in the Philippines
even though authorized by the laws of the country
where they may have been executed

Witnesses to Wills
(820 – 824)

Art 820: WITNESS TO THE EXECUTION OF A WILL

Any person of
sound mind
18 or more
not blind, deaf or dumb
able to read and write

Art 821: DISQUALIFIED FROM BEING WITNESSES

Any person
not domiciled in Ph
have been convicted of
falsification of document
perjury
false testimony

Art 822: COMPETENT WITNESS AT THE TIME OF ATTESTING

Subsequent incompetence
shall not prevent allowance of the will

Art 823
Art 824: A charge on the estate of testator, for the payment of debt, due at the time of testator’s
death

Does not prevent creditors from being competent witnesses

Codicils and Incorporation by Reference

(825 – 827)

Art 825: CODICIL

A supplement or addition to a will

made after execution of a will
annexed to be taken as part thereof

by which any disposition made in the original will is

explained
added to
altered

Art 826: EXECUTION OF CODICIL TO BE EFFECTIVE

As in the case of a will

Art 827: INCORPORATION BY REFERENCE

If a will (executed as required by this Code)

incorporates into itself
by reference
any document or paper

GR:
such document or paper shall not be considered a part of the will

ER:
1) docu/paper IN EXISTENCE at the time of execution of will
2) WILL must clearly DESCRIBE AND IDENTIFY THE DOCU/PAPER
stating the number of pages, among others
3) docu/paper IDENTIFIED BY CLEAR AND SATISFACTORY PROOF
as the docu/paper referred to
4) SIGNED by the testator and witnesses
on each and every page
except in case of voluminous books of account or inventories
Revocation of Wills and Testamentary Dispositions
(828 – 834)

Art 828

A will may be revoked

by the testator
at any time before his death

Any waiver or restriction of this right is void

Art 829

Revocation done outside Ph

by a person who does not have his domicile in this country

is valid when it is done according to

law of the place where the will was made
law of the place where the testator had his domicile at the time

Revocation done inside Ph

Ph laws

Art 830: WAYS TO REVOKE

1) implication of law
2) by the ff executed as provided in case of a will
will
codicil
other writing
3) by (B-COT)
burning
cancelling
obliterating
tearing

with the intention of revoking it

by the testator himself

 or
by some other person
in his presence
and
by his express direction

If burned, cancelled, obliterated or torn by some other person

without the express direction of the testator

the will may still be established

and
the estate distributed

in accordance therewith

if its contents and

due execution and
the fact of its unauthorized destruction, cancellation or obliteration

are established according to the Rules of Court

Art 831: IMPLIED REVOCATION

Subsequent wills which do not revoke the previous ones in an express manner
annul only such dispositions in the prior will
as are
inconsistent with
or
contrary to

those contained in the later wills

Art 832

Revocation made in a subsequent will

shall take effect
even if the new will should become inoperative
by reason of
incapacity of heirs, devisees or legatees designated
or
renunciation
Art 833: NULL AND VOID REVOCATION

Based on false cause or illegal cause

Art 834

Recognition of an illegitimate child

does not lose legal effect
even though the will wherein it was made should be revoked

Republication and Revival of Wills

(835 – 837)

Art 835

GR:
Dispositions contained in previous will which is void as to form
cannot be republished

ER:
Reproduced in a subsequent will

Art 836: EXECUTION OF A CODICIL (referring to previous will) EFFECT

Republishing will as modified in the codicil

Art 837

If testator makes a second will

expressly revoking the first

revocation of the second will

does not revive the first will

The first will may only be revived

by another will or codicil

Allowance and Disallowance of Wills

(838 – 839)

Art 838

Testator himself may petition the court having jurisdiction

for the allowance of his will
during his lifetime

Allowance of the will

shall be conclusive as to its due execution
subject to the right of appeal
during
lifetime of testator
or
after his death

Art 839: WILL DISALLOWED

F. P TESA

1) FORMALITIES required by law not complied with

2) PROCURED by
undue and improper pressure and influence
on the part of the
beneficiary
or
some other person

3) TESTATOR, at the time of execution

insane
or
ow mentally incapable of making a will

4) EXECUTED through
force
under duress
influence of fear
threats

5) SIGNATURE was procured by fraud

6) testator
ACTED BY MISTAKE
or
did not intend that the instrument he signed should be his will

at the time of affixing his signature thereto

Institution of Heir
(840 – 856)

Art 840: INSTITUTION OF HEIR

Act where testator designates in his will

the person of persons who are to succeed him
in his property and transmissible rights and obligations

Art 841: WILL VALID THOUGH

1) not contain an institution of heir

2) such institution should not comprise entire estate
3) person so instituted should
not accept inheritance
or
be incapacitated to succeed

In such cases
testamentary dispositions made in accordance with law shall be complied with
and
remainder of the state shall pass to legal heirs

Art 842: COMPULSORY HEIR

NO CH

May dispose by will

his estate
or
any part of it
in favor of any person
having capacity to succeed

WITH CH

May dispose of his estate

provided he does not contravene provisions of this code
with regard to the legitime of said heirs
Art 843: DESIGNATION

By his name and surname

or

Indicate circumstances by which instituted name may be known

when two persons have the same names

Valid:
name of heir omitted
AND
heir designated: manner that there can be no doubt as to who has been instituted

Art 844: ERROR IN NAME, SURNAME or CIRCUMSTANCES

Shall not vitiate the institution when it is possible

in any other manner
to know with certainty the person instituted

None shall be an heir if

same name AND
similar circumstance AND
person cannot be identified even with use of proof

Art 845

GR:
Disposition in favor of unknown person: VOID

ER:
By some event or circumstance his identity becomes certain

Disposition in favor of a definite class or group of persons: VALID

Art 846: HEIRS INSTITUTED WITHOUT DESIGNATION OF SHARES

Inherit in equal parts

Art 847: SOME HEIRS INSTITUTED INDIVIDUALLY and OTHERS COLLECTIVELY

GR:
Those collectively designated shall be considered individually instituted

(collectively designated = individually constituted)

ER:
Intention clearly appears otherwise

Art 848: BROTHERS AND SISTERS AS HEIRS (FULL and HALF BLOOD)

GR:
Inheritance distributed equally

ER:
Difference intention apears

Art 849: WHEN TESTATOR CALLS TO THE SUCCESSION A PERSON and HIS CHILDREN

ALL deemed to have been instituted simultaneously

not successively
Art 850: STATEMENT OF FALSE CAUSE FOR INSTITUTION OF HEIR

GR:
Considered not written

ER:
It appears from the will that
Testator would not have made such institution
if he had known the falsity of such cause

Art 851

If testator has instituted only one heir

AND
institution limited only to an aliquot part of inheritance

LEGAL SUCCESSION takes place with remainder of estate

If testator has instituted several heirs

AND
(each) institution limited only to an aliquot part of inheritance
AND
all the parts do not cover the whole inheritance

LEGAL SUCCESSION takes place with remainder of estate

Art 852

If intention of testator is that the instituted heirs become sole heirs

to the whole estate or
to the whole free portion
AND
each of them has been instituted in an aliquot part of inheritance
AND
their aliquot parts together do not cover whole inheritance or whole free portion

each part shall be INCREASED PROPORTIONALLY

Art 853
If each instituted heir has been given an aliquot part of inheritance
AND
parts together exceed the whole inheritance or whole free portion

each part shall be REDUCED PROPORTIONALLY

Art 854: PRETIRITION

Omission of one or some or all compulsory heirs

in the direct line

whether living at the time of execution of the will

or
born after the death of the testator

shall annul the institution of heirs

Devisees and Legacies

valid
insofar as they are not inofficious

If omitted compulsory heirs die before testator

institution shall be effectual
without prejudice to the right of representation

Art 855: SHARE OF CHILD or DESCEDENT OMITTED IN A WILL

Take up from
part of estate not disposed by will
or
necessarily to be taken proportionally from shares of other compulsory heirs

Art 856

Voluntary heir who dies before testator

transmits nothing to heirs.

Compulsory heir who dies before testator or

Person incapacitated to succeed or
One who renounces inheritance
transmits no right to his own heirs
ER: provided in CC
Substitution of Heirs
(857 – 870)

Art 857: SUBSTITUTION

The appointment of another heir

so that he may enter into inheritance
in default of the heir originally instituted

Art 858

(1) simple or common

(2) brief or compendious
(3) reciprocal
(4) fideicommissary

Art 859: SIMPLE

GR:
Testator may designate
One or more persons to substitute heirs instituted in case such heir
die before testator
should not wish
be incapacitated to ACCEPT inheritance

A simple substitution without a statement of the cases to which it refers shall comprise the three
mentioned

ER:
Testator ow provided

Art 860

Two or more persons may be substituted for one

One person may be substituted for two or more heirs

Art 861: RECIPROCAL

GR:
If heirs instituted in unequal shares should be reciprocally substituted
 the substitute shall acquire the share of the heir
who dies
who renounces
or is incapacitated

ER:
Intention was ow

NOTE:
If there are more than one substitute
they shall have the same share in the substitution as in the institution

Art 862

GR:
Substitute
subject to same charges and conditions imposed upon instituted heirs

ER:
Testator has expressly provided the contrary
or
Charges and conditions are personally applicable only to the heir instituted

Art 863: FIDEICOMMISSARY SUBSTITUTION

The fiduciary/first heir instituted

is entrusted with the obligation to preserve and to transmit
to a second heir
the whole or part of the inheritance

(SHALL BE VALID AND SHALL TAKE EFFECT)

provided

such substitution does not go beyond

one degree from the heir originally instituted

and

that the fiduciary/first heir and the second heir

are living at the time of death of testator
Art 864

A fideicommissary substitution

can never burden the legitime

Art 865

Every fideicommissary substitution

must be expressly made

in order that it may be valid

The fiduciary shall be obliged

to deliver the inheritance to the second heir
without other deductions than those which arise from
legitimate expenses
credits and
improvements
save in the case when the testator provided ow

Art 866

The second heirs shall acquire a right to the succession

from the time of the testator’s death
even though he should die before the fiduciary

The right of the second heirs

shall pass to his heirs

Art 867

The following shall not take effect:

E–API

1) Fideicommissary substitutions which are

not made in an express manner
either by giving them this name
or
 imposing upon the fiduciary the absolute obligation
to deliver the property to a second heir

2) Prohibitions which contain

a perpetual prohibition to alienate
and
even a temporary one

beyond the limit fixed in Art 863

3) Those which impose upon their heir

the charge of paying to various persons successively
a certain income or pension

beyond the limit prescribed in Art 863

4) Those which leave to a person

the whole or part of the hereditary property
in order that he may apply or invest the same
according to secret instructions
communicated to him by the testator

Art 868

The nullity of the fideicommissary substitution

does not prejudice the validity of the institution of heirs first designated

The fideicommissary clause shall

simply be considered as not written

Art 869

A provision whereby the testator

leaves to a person the whole or part of the inheritance
and to another the usufruct

shall be valid

If he gives the usufruct to various persons

not simultaneously
but successively
 provisions of Art 863 shall apply

Art 870

The disposition of the testator

declaring all or part of the estate inalienable for more than 20 years

VOID
Conditional Testamentary Dispositions
and
Testamentary Dispositions With a Term
(871 – 885)

Art 871

The institution of an heir may be made

conditionally
or
for a certain purpose or cause

Art 872

The testator cannot impose

any charge, condition or substitution whatsoever
upon the legitimes prescribed in this code

Should he do so
the same shall not be considered as not imposed

Art 873

Impossible conditions
and
those contrary to law or god customs

shall be considered as not imposed

and
shall in no manner prejudice the heir

even if the testator should ow provide

Art 874

GR:
Absolute condition not to contract a first or subsequent marriage
considered not written

ER:
Such condition has been imposed on
widow or widower by deceased spouse
or
by deceased spouse’s ascendants or descendants

NOTE:
Right of usufruct
or
an allowance
or
some personal prestation

may be devised or bequeathed to any person

for the time during which
he or she should remain unmarried or in widowhood

Art 875

Any disposition made upon he condition that

the heir shall make some provision in his will
in favor of the testator or any other person

shall be void

Art 876

GR:
Purely potestative condition
imposed upon an heir
must be fulfilled by him
as soon as he learns of the testator’s death

ER:
When the condition already complied with
cannot be fulfilled again

Art 877

GR:
If the condition is casual or mixed
it shall be sufficient if it happen or be fulfilled
 at any time
before
or
after
the death of the testator

ER:
Testator provided ow

NOTE:
Should it have existed
or
it should have been fulfilled;

at the time the will was executed;

AND

the testator was unaware thereof

it shall be deemed as complied with

NOTE:
Should it have existed
or
it should have been fulfilled;

at the time the will was executed;

AND

the testator had knowledge thereof

the condition shall be considered fulfilled

only when it is of such a nature
that it can no longer exist or be complied with again

Art 878

A disposition with a suspensive term

does not prevent the instituted heir
from acquiring his rights
 and
transmitting them to his heirs
even before the arrival of the term

Art 879

If the potestative condition imposed upon the heir is

negative
or
consists in not doing or not giving something

he shall comply by giving a security that

he will not do or give that which has been prohibited by the testator

and

that in case of contravention

he will return whatever he may have received

together with its fruits and interests

Art 880

If the heir be instituted under a suspensive condition or term

the estate shall be placed under administration

until the condition is fulfilled

or
until it becomes certain that it cannot be fulfilled
or
until the arrival of the term

The same shall be done

when the heir does not give the security required in Art 879

Art 881: APPOINTMENT OF ADMINISTRATOR, MANNER OF ADMINISTTRATION, RIGHTS AND

OBLIGATIONS OF ASMINISTRATOR

Governed by ROC
Art 882

GR:
Statement of the object of the institution
or
the application of the property left by the testator
or
the charge imposed by him

shall not be considered as a condition

ER:
It appears that it was intention of testator

NOTE:
That which has been left in this manner
may be claimed at once

provided

the instituted heir or heirs

give security
for compliance with the wishes of the testator
and
for the return of anything he or they may receive
together with fruits and interests
if he or they should disregard this obligation

Art 883

When without the fault of the heir

an institution referred to in the preceeding article
cannot take effect
in the exact manner stated by the testator

it shall be complied with in a manner

most analogous to
or
in conformity with his wishes
Art 884

Conditions imposed by the testator upon the heirs

shall be governed by the rules established for conditional obligations
in all matters nor provided in this section

Art 885

Designaton of day or time

when the effects of the institution of an heir shall commence or cease

shall be VALID

In both cases
the legal heirs shall be considered as called to the succession
until the arrival of the period
or
its expiration

But in the first case (arrival of the period)

he shall not enter into possession of the property
until after having given sufficient security
with the intervention of the instituted heir