WILLS & SUCCESSIONTITLE IV 1.

It conveys no title or ownership to the

transferee before the death of thet ransferor;
Succession CHAPTER 1General Provisions
or what amounts to the samething: the
ARTICLE 774.Succession
transferor should retainownership (full or
is a mode of acquisition by virtue of which the naked) and control of the property2.Before his
property, rights and obligations to the extent of death, the transfer should be revocable by the
the value of the inheritance, of a person are transferor at will, adnutum but revocability may
transmitted through his death to another or be providedfor indirectly by means of a
others either by his will or by operation of law. reservedpower in the donor to dispose of
(n) theproperties conveyed3.The transfer should be
void if thetransferor should survive the
Successionis a derivative mode of acquisition transfereeIf these 3 characteristics are
Bases of Succession present,the document is not a deed of donation
butrather, it is a will. It must comply with
1. Natural Law theformalities of a willII.
2.Socio-economic postulate – prevents wealth As to whether or not there is a will:
from being stagnant
a.
3.Attribute of ownership
Testamentary or TestateSuccession
Foreigners can acquire lands in the Philippines
only in case of hereditary succession, – if a person leaves a willb.

which is succession by operation of law and not Intestate or Legal Succession –

by a will if aperson dies without leaving a willIII.
Kinds of Succession As to the transferee or the recipient of the
I. property

As to effectivity: a.

a. Compulsory succession orsuccession to the

legitime
Inter vivos (donation)
– Part of property which cannot be disposed of
– effectiveduring the lifetime of the personb. toanybody because that portion isreserved to
Mortis causa (succession) his compulsory heirs.Compulsory heirs are the
persons whocannot be deprived of their
– effectiveupon the death of the person inheritanceregardless of the will of their
decedent.b.

Voluntary succession or thesuccession to the
If a deed is a donation, there arecertain
free portion
formalities that must beobserved
– If aperson dies, his estate shall be dividedinto

2 parts. One part is the legitimewhich is
If a deed is succession, theformalities will be reserved for his compulsoryheirs and the other
different. If it is awill, the person intended it to part is the freeportion which he can give to
be asuccession and the formalities shallcomply anybodyIV.
with the formalities of a will
As to the extent of right and obligations
2 Types of Will involved:

: a.

i. Notarial Willii. Holographic Will3 Universal succession or successionby an heir

distinguishing characteristics of adonation
is the succession to theuniversality or the
mortis causa:
aliquot portion of theestate of the decedentb.
Particular succession Property, as defined by law, may be subject of
succession except the following:1.Those which
which issuccession to the specific portion of
are outsidethe commerce of men or which are
theproperty of the decedentc.
notowned by men
Contractual succession
(res nullus)
happenswhen future husbands and wives give
2.Those which are ownedby everyone
toeach other in their marriage settlementfuture
property, which shall be effectiveupon their (res communes)
deathd.
3.Those which areprohibited by law4.Any
Freak succession property which is notcapable of appropriation

is where there is stillsuccession even without 

the interveningeffect of succession. This
The ownership of organs may be transferredby
happenswhen in a decree of annulment
donation or by will. Even if theformalities of the
orseparation or nullity of the marriage,
will are not complied with,as long as the
thespouses are ordered to deliver to
donation was made in goodfaith, the will or
theirchildren their presumptive legitime.
donation is not valid. It shallbe given effect
ad since the important element isthat the will was
made in good faith.
ARTICLE 775
RIGHTSPurely Personal Rights
.In this Title, "
GENERAL RULE: It is not transmissible since it is
decedent
extinguished by deathEXCEPTION: It is
" is thegeneral term applied to the person transmissible: Article 173 Family Code – The
whoseproperty is transmitted through actionto claim legitimacy may be brought bythe
succession,whether or not he left a will. If he child
left a will, he isalso called the testator. (n)
during his lifetime and shall be transmitted to
 the heirs should the child die during minority or
in a state of insanity
The
. In these cases, the heirsshall have a period of
decedent five yearswithin which to institute the action.
is the person who diedwhether or not he left a Examples: -right to parental authority-marital
will rights-right of a Chinese merchant-right to vote

 Patrimonial rights

The

testator 

is the person who died wholeft a will These are rights which refer to
propertyGENERAL RULE:
ARTICLE 776. TransmissibleExamples: action for
The inheritance includes all theproperty, rights forcibleentry/unlawful detaineraction to
and obligations of a person whichare not recover propertyEXCEPTIONS:Extinguished by
extinguished by his death. (659) death as provided by law oragreement by the
parties (ex. agency,commodatum, contract of
 lease)
Inheritance is different from successionbecause _________________________________
the latter is a mode of acquisition, byvirtue of OBLIGATIONS
which the property, rights andobligations are
transmitted. GENERAL RULE:
TransmissibleEXCEPTIONS:1.Purely

personal2.Non-transferable by law3.Non- ad
transferable by contract oragreement between
ARTICLE 390 (New Civil Code).Afteran absence
the parties.Examples of obligations extinguished
of seven years, it beingunknown whether or not
by death:1.Obligation to pay taxes2.Criminal
the absentee stilllives, he shall be presumed
liability3.Right to give support
dead for allpurposes, except for those of
Debts (2 views) succession. The absentee shall not be
presumeddead for the purpose of opening
1.Not transmissible since it is actually theestate
hissuccession till after an absence of tenyears. If
of the deceased which pays
he disappeared after the age of seventy-five
thedebts2.Transmissible because the shares of
years, an absence of fiveyears shall be sufficient
theheirs are reduced by the payment of
in order that hissuccession may be opened. (n)
thedebts (preferred view)
ARTICLE 391 (New Civil Code).Thefollowing shall
ARTICLE 777 be presumed dead for allpurposes, including the
division of theestate among the heirs: (1)A
.The rights to the succession aretransmitted person on board a vessel lostduring a sea
from the moment of the death of the decedent. voyage, or an aeroplanewhich is missing, who
(657a) has not been heardof for four years since the
 loss of thevessel or aeroplane;(2)A person in the
armed forces who hastaken part in war, and has
Death is a condition for the transmission of a been missingfor four years; (3)A person who has
right by succession. been in danger of death under other
 circumstances and hisexistence has not been
known for fouryears. (n) ARTICLE 43 (New Civil
While your parents are still alive, Code).If there is a doubt, as between two or
theirproperties are still owned by them. morepersons who are called to succeed
Whatyou have is merely an eachother, as to which of them died
first,whoever alleges the death of one prior
inchoate right
tothe other, shall prove the same; in
or an theabsence of proof, it is presumed that
theydied at the same time and there shall beno
expectancy
transmission of rights from one to theother.
. It is not an absolute right. (33)

Conditions for the transmission of asuccessional 

right:
If there are circumstances which point tothe
1. There should be death (actual or time of the actual death of the person,then,
presumed)of the transferor2.The rights or that time wherein there is proof should be
properties are transmissible3.The transferee is flowed and not thepresumptions.
alive

Presumed Death
In theory, the heirs can immediatelydispose of
 their properties when the decedentdies
because of Article 777. But in reality, youcannot
Under ordinary circumstances, 10 years since the will has to be probated first.
 
After the age of 75, 5 yearsIn these 2 instances, If you are the sole heir, all you have to dois
the moment of death is reckoned after 5 or 10 execute an Affidavit of Self-Adjudication
years,whichever is applicable. andfollow the process provided by law
 
Under extraordinarycircumstances, 4 years. In
this instance,the moment of death is reckoned
fromthe moment of disappearance.
If there is more than one heir, they mayexecute after-acquiredproperties
and Extrajudicial settlement amongthemselves
. Those are acquired from themoment of death
and follow the process provided bylaw
onwards will belong to thedevisee, legatee or
ARTICLE 778 the heir to whom theproperty was given.

.Succession may be:(1)Testamentary;(2)Legal or Inheritance includes:

intestate; or(3)Mixed. (n)

ARTICLE 779
The property, transmissible rights and
.Testamentary succession is thatwhich results thetransmissible obligations of the decedent
from the designation of an heir,made in a will tothe extent of the value of the inheritance;and
executed in the form prescribedby law. (n)
ad
Conditions for Testamentary Succession:

1. There must be a will2. There should be a
Those properties, orrights or obligations, if any,
designation of heir3. There must be observance
which haveaccrued since the opening of the
of theformalities required by law.
succession.
PRINCIPLES IN TESTAMENTARY SUCCESSION
ARTICLE 782.
1.TESTAMENTARY SUCCESSION ISPREFERRED
An heir is a person called to thesuccession
OVER INTESTATE SUCCESSIONWhen there is a
either by the provision of a will or byoperation
will, the will has toundergo probate. Probate is
of law. Devisees and legatees are persons to
a proceedingwherein you determine whether or
whomgifts of real and personal property are
not thewill was validly executed and whether or
respectivelygiven by virtue of a will. (n)
notthe will was executed by person who
hastestamentary capacity. There is no Heirs
prescriptive period in theprobate of will as long
as there is a will.2.DOUBTS MUST BE RESOLVED
INFAVOR OF TESTACY If there is doubt as to the Those who succeed to the universality of the
validity of awill, the interpretation wherein the rights, properties and obligations of
will isgiven effect should be preferred. thedecedent
Legal or Intestate Succession

1.There is no will2.The will is not valid at all They are not given specific portions of
ARTICLE 780 theproperty but aliquot sharesKinds of Heirs:

.Mixed succession is thateffected partly by will

and partly by operation of law. (n) Compulsory or forcedheirs
When mixed succession occurs: are persons who are not deprived of their
1.When the testator fails to dispose all of inheritance unless there are causes todisinherit
hisproperties in a will2.When the will does not them and the causes are providedby law
validly dispose of allthe property of the testator . LEGITIME
ARTICLE 781 is that portion of theproperty, rights and
.The inheritance of a personincludes not only obligations of thedecedent which you cannot
the property and thetransmissible rights and just dispose of because the law reserved it for
obligations existing atthe time of his death, but thecompulsory heirs.
also those which haveaccrued thereto since the
opening of thesuccession. (n)
Legal or intestate heirs

are heirs who inherit by operation of law.
This article refers to Theperson dies without a will.
Voluntary,testamentary or testate heirs anddevisees do notrepresent the
juridicalpersonality of thedeceased because
are heirswho will inherit because of the will of
itacquires onlyproperties6. Heirs succeed tothe
thedecedent.
remainder of theestate after all thedebts,
 devisees andlegatees have beenpaid6. Legatees
anddevisees succeed onlyto the
All compulsory heirs arelegal heirs. But not all determinatething or amount given
legal heirs arecompulsory heirs. When a person
dies withouta will, then, the compulsory heirs Importance of distinguishing heirs fromlegatees
succeed byoperation of law. If there is a will but and devisees:
the willis not valid, then, the compulsory
1.When there is preterition, the
heirssucceed by operation of law since the will
isdisregarded. The free portion may be given to instituted voluntary heirs
anybodyexcept those who are prohibited by law
do not getanything. The
toinherit from the decedent. If there is a will,the
free portion is given to the voluntary heirs legatees/devisees

retain theproperties given to them as long as

thelegitime is not impaired. 2.When there is
PRETERITION
invaliddisinheritance, the
happens when a directline or a compulsory heir
instituted voluntary heir
is omitted form thewill. The effect is the will
cannot be giveneffect. So, there shall be gets nothing while the one who
intestacy whereinthe will is disregarded and as receivedproperties by way of legacy or devise
if the persondied without a will. retainsthe property given to them as long as
thelegitimes of the compulsory heirs are
Legatee or Devisee
notimpaired.

ad
Legatee
CHAPTER 2Testamentary SuccessionSECTION
succeeds to personal properties 1WillsSUBSECTION 1Wills in General ARTICLE
783.

A will is an act whereby a personis permitted,

Devisee
with the formalities prescribed bylaw, to control
succeeds to real properties orimmovable to a certain degree the dispositionof his estate,
properties of the decedent to take effect after his death. (667a)

Distinctions between Heirs & Legatees 

andDevisees:HEIRSLEGATEES & DEVISEES
The making of a will is an act by which aperson
1. Succeed by generalright or universal titleto all is permitted by law to repose hisproperty
or an aliquot partof the estate1. Succeed by effective upon his death. It is not amode of
specialor particular title2. Heirs exist both transferring property because that issuccession.
intestamentarysuccession andintestate It does not also consist of property, rights and
succession2. Legatees anddevisees exist only obligations because thatis inheritance.
intestamentarysuccession3. The heir, if

compulsory, succeedsto the
inheritanceregardless of the willof the A
decedent3. Legatees anddevisees succeed
will
onlyby testator’s will4. Quantity cannot
bedetermined until afterliquidation of is an instrument wherein certaindispositions
properties of theestate4. Quantity can easilybe are made by persons to effectmortis causa
determined5. Heirs represent the juridical
personality of the deceased,acquiring his 
property,rights and obligations5. Legatees Thus, it may be an or an instrument
Elements of a Will: Testamentary acts which cannot bedelegated to
third persons
1. It is strictly a personal actIt cannot be
delegated to a third person.The disposition of :1.The duration of designation of the
the will should be thedisposition of the person. heirs,devisees or legatees2.The efficacy of the
Since it is personal,will-making shall not be designation of theheirs, devisees or
made in public. Even if a will is acknowledged legatees3.The determination of the portions
before a notary public, awill is not a public whichthe heirs, devisees, or legatees are totake,
document. Even a notarypublic is not required when refereed to by name
to keep a copy of the will.2. There must be
ARTICLE 786.
animus testandi (intent to makea will)One
should know that the effect of suchdocument is The testator may entrust to athird person the
to transfer one’s properties to aparticular distribution of specific propertyor sums of
person mentioned in the document.3.The money that he may leave in generalto specified
making of a will is a statutory right, not anatural classes or causes, and also thedesignation of the
right4.It is a solemn or formal actFor the will to persons, institutions orestablishments to which
be valid, each form shallcomply with the rules such property or sumsare to be given or
prescribed by the NewCivil Code.5.It is a applied. (671a)
unilateral actThe testator cannot condition the
validityof his will upon the consent of another. 
6.The testator must be capacitated to make a What is entrusted to a third person isthe
will7.It is free from vitiated consent8.It is distribution of specific property or sumsof
essentially revocable and ambulatory9.It is an money
individual act, as distinguished from a joint
actThe will must contain the act of only Requisites of Article 786:
oneperson. Joint will are prohibited.10. It 1.The testator entrusts to a third person2.The
disposes of the testator’s estate inaccordance distribution of specific property orsums of
to his wishes11. It is effective mortis causa money3.These specific property or sums of
ARTICLE 784. money are left in general to specific classesor
causes4.There is the designation of the
The making of a will is a strictlypersonal act; it persons,institutions or establishments to whom
cannot be left in whole or in partto the suchproperty or sums of money are to be
discretion of a third person, oraccomplished givenor applied
through the instrumentality of anagent or
attorney. (670a) ad

 Distinction between Article 785 and Article786:

Article 785Article 786
Holographic wills are supposed to beentirely
written, dated and signed in thehands of the The heirs, legatees ordevisees are named. There
testator. Even the mechanicalact of drafting the is no such heir,legatee or devisee that
will cannot be delegatedto a third person isnamedThere is no specificproperty or sums of
money. There is specific propertyor sums of
 money. What is delegated is thedetermination
As to notarial wills, the mechanical actof of theportion which shall go tothe named heir,
drafting the will can be delegated to athird legatee ordevisee.There is a determinationof
person. But the content of the willmust be the the persons,establishments orinstitution or to
disposition of the testatorhimself whom thespecific property or sumsof money is
to be given orapplied.
ARTICLE 785.
ARTICLE 787.
The duration or efficacy of thedesignation of
heirs, devisees or legatees, or thedetermination The testator may not make atestamentary
of the portions which they are totake, when disposition in such manner thatanother person
referred to by name, cannot be leftto the has to determine whether or not itis to be
discretion of a third person. (670a) operative. (n)
Article 785Article 787 4 kinds of Latent or intrinsic ambiguity

This refers more tothe institution of theheirs. 1. Imperfect description of the heirs, legatees
This refers more on thedesignation ordevisees2. Imperfection description of the
ordisposition of theproperties. This is notvalid property tobe given3. When 2 or more persons
because thedisposition is subject tothe will of a meet the description4. When 2 or more
3 things/properties meets thedescription

rd How to resolve the ambiguities?

person.Whether or not adisposition shall 1.

bevalid cannot be left tothe will of a 3
Intrinsic Evidence
rd
– You cure theambiguity by examining the will.
person. Youexamine the words used in the will. 2.

ARTICLE 788. Extrinsic Evidence/Evidence Aliunde

If a testamentary dispositionadmits of different – Evidence that is not found inthe will but
interpretations, in case of doubt, that found outside of the will,such as letters,
interpretation by which the dispositionis to be documents, persons orinvestigation
operative shall be preferred. (n)
Oral evidence


The will must be interpreted liberally infavor of

Supposed oral declarations of the testator
validity
cannot be used because thetestator is already
 dead

In the interpretation of the will, the wishesof

the testator is the first and principal law
Oral testimonies of otherpersons can be used
ARTICLE 789. for as long as they arenot testifying on the
supposed oraldeclarations of the testator
When there is an imperfectdescription, or when
no person or property exactlyanswers the Dead Man’s Statute
description, mistakes and omissionsmust be
corrected, if the error appears from thecontext
of the will or from extrinsic evidence,excluding In an action where a claim is filedagainst the
the oral declarations of the testator asto his estate, where the plaintiff is theclaimant and
intention; and when an uncertainty arisesupon the defendant is the executorof the deceased
the face of the will, as to the application of any person, both parties areprohibited to testify as
of its provisions, the testator's intention is tobe to something whichthe deceased said in his
ascertained from the words of the will, lifetime
takinginto consideration the circumstances
under whichit was made, excluding such oral ARTICLE 790.
declarations. (n) The words of a will are to betaken in their
2 KINDS OF AMBIGUITY ordinary and grammatical sense,unless a clear
intention to use them in anothersense can be
1. gathered, and that other can beascertained.
Technical words in a will are to be taken intheir
PATENT OR EXTRINSIC AMBIGUITY –
technical sense, unless the context
appears on the face of the will itself. 2. clearlyindicates a contrary intention, or unless
itsatisfactorily appears that the will was
LATENT OR INTRINSIC AMBIGUITY
drawnsolely by the testator, and that he
– does not appear on the face of the will. wasunacquainted with such technical sense.
Ambiguity is discovered by examinationoutside (675a)
the will.
Ordinary Terms Property acquired after themaking of a will shall
only pass thereby, as if thetestator had
GENERAL RULE: Give it an ordinary or
possessed it at the time of makingthe will,
literalmeaning
should it expressly appear by the will thatsuch
ad was his intention. (n)

EXCEPTION: If there is an intention to give 

itanother meaning
Article 793 covers those after-
Technical Terms acquiredproperties after the execution of the
will up tothe time of the death


These are used by persons engaged
inspecialized activities in certain fields Article 78 covers properties arising from
orprofessionGENERAL RULE: Give it a technical themoment of death onwards
meaning EXCEPTIONS:1) If the testator himself

made the will and it isvery clear that he is
unacquainted or unfamiliarwith the term2) If it Article 793 only applies to devices andlegacies
is really the intention of the testator to givethe and not to inheritance becauseinheritance
technical word an ordinary meaning comprises the universality or analiquot portion
of the estateGENERAL RULE: Only those
ARTICLE 791.
properties owned bythe testator
The words of a will are to receivean
at the time of the execution
interpretation which will give to
everyexpression some effect, rather than one of the willare included. Those acquired after
which willrender any of the expressions theexecution of the will are
inoperative; and of two modes of interpreting a excluded.EXCEPTIONS: 1.If the testator
will, that is to bepreferred which will prevent expressly provides in his willthat properties
intestacy. (n) acquired AFTER theexecution of the will are
included.2.Article 836 – the effect of the
2 parts of Article 791:
execution of acodicil3.Article 930 – legacy or
1. The will must be interpreted as a whole2. device belonging toanother person is void as a
Testacy favored over intestacy general rulebecause the testator cannot give
what hedoes not own. But if the testator
ARTICLE 792. lateracquires the ownership, the legacy or
The invalidity of one of severaldispositions devisecan be given effect4.Article 935 – legacy
contained in a will does not result inthe of credit or remission of debt
invalidity of the other dispositions, unless it isto ARTICLE 794.
be presumed that the testator would not
havemade such other dispositions if the first Every devise or legacy shallconvey all the
invaliddisposition had not been made. interest which the testator coulddevise or
(n)GENERAL RULE: bequeath in the property disposed of,unless it
clearly appears from the will that heintended to
convey a less interest. (n)GENERAL RULE: All of
The invalid dispositions will notaffect the valid the testator’s rights in aproperty are
ones. The will remains valid.EXCEPTION: Entire transmitted because it is presumedthat the
will is invalidated or the validdispositions are testator intended to dispose his wholeinterest
invalidated is if it is the intentionof the testator in the property.EXCEPTIONS:1.If it clearly
that both the valid and invaliddispositions are to appears in the will that thetestator merely
be indivisible, such that theother dispositions intend to convey a lessinterest2.If the testator
cannot be given effect if theother dispositions clearly provided that heconveys a greater
turn out to be invalid. interest3.The testator can also give property
which heknows is not owned by him
ARTICLE 793.
ARTICLE 795.
The validity of a will as to itsform depends upon appliedii.Testator is a Filipinowho executes a
the observance of the law inforce at the time it will abroad before thediplomatic or consular
is made. (n) officials of thePhilippines – Philippine laws shall
beappliediii.Testator is a Filipinowho executes a
Kinds of validity of wills:1. FORMAL or
will abroad not beforea diplomatic or consular
EXTRINSIC VALIDITY
officials of thePhilippines A.Law of the
–refers to the forms and solemnities and placewhere he may be – Article 815 B.Law of
theformalities that have to be conformed the placewhere he executes the will – Article 17
andcomplied with in the execution of the will. C.Philippine law – Article 815iv.Testator is an
alienwho executes a will abroad A.Law of the
2. INTRINSIC VALIDITY placewhere the will is executed – Article 17
– refers to thelegalities of the provisions of B.Law of the placeof his residence or domicile –
wills. Article 816C.Law of his owncountry or
nationality – Article 816D.Philippine law –
EXTRINSIC VALIDITY Article 816v.Testator is an alienwho executes a
ARTICLE 17 NEW CIVIL CODE.The formsand will in the Philippines A.Law of the placewhere
solemnities of contracts, wills, and otherpublic the will is executed(Philippines) – Article 17
instruments shall be governed by thelaws of the B.Law of his owncountry or nationality – Article
country in which they areexecuted.When the 817
acts referred to are executedbefore the ARTICLE 815.
diplomatic or consular officials of the Republic
of the Philippines in a foreigncountry, the When a Filipino is in a foreigncountry, he is
solemnities established byPhilippine laws shall authorized to make a will in any of the forms
be observed in theirexecution. Prohibitive laws established by the law of the country inwhich
concerning persons,their acts or property, and he may be. Such will may be probated inthe
those which havefor their object public order, Philippines. (n)
public policyand good customs shall not be ARTICLE 816.
rendered
The will of an alien who is abroadproduces
ad effect in the Philippines if made with
ineffective by laws or judgments theformalities prescribed by the law of the
promulgated,or by determinations or place inwhich he resides, or according to the
conventions agreedupon in a foreign country. formalitiesobserved in his country, or in
(11a) conformity withthose which this Code
prescribes. (n)
Extrinsic Validity can be viewed from 2points:a.
Viewpoint of TIME ARTICLE 817.

– the extrinsic validity of a will depends upon A will made in the Philippines bya citizen or
the observance of the lawenforced at the time subject of another country, which isexecuted in
the will is made, accordance with the law of thecountry of which
he is a citizen or subject, andwhich might be
proved and allowed by the lawof his own
not at thetime of death and not at the time of country, shall have the same effectas if
probate.Testator cannot possibly and is not executed according to the laws of
expected toknow what laws will govern in the thePhilippines. (n)
future. 
b The legislature cannot validate a voidwill
. INTRINSIC VALIDITY Intrinsic Validity can be
Viewpoint of PLACE/COUNTRY viewed from 2points:a. Viewpoint of TIME

i.Testator is a Filipinowho executes a will in the – law enforced at thetime of the death of the
Philippines – Philippine laws shall be decedent ARTICLE 2263 NEW CIVIL CODE.Rights
to the inheritance of aperson who died, with or
without a will,before the effectivity of this Code, not be taken judicial notice of and has to be
shallbe governed by the Civil Code of 1889,by proven like anyother fact in dispute between
other previous laws, and by theRules of Court. the parties in anyproceedingEXCEPTIONS:1.If
The inheritance of thosewho, with or without a the foreign laws are within theactual knowledge
will, die after thebeginning of the effectivity of of the court; or2.When these laws have
this Code,shall be adjudicated and distributed beenconsidered before by the court in a
inaccordance with this new body of lawsand by previouscase and the parties do not oppose as
the Rules of Court; but thetestamentary to theconsideration of the court as to the
provisions shall be carriedout insofar as they existenceof the foreign law.
may be permitted bythis Code. Therefore,
Instances when the intrinsic validity of willsof
legitimes,betterments, legacies and
foreigners is governed by Philippine laws1.
bequestsshall be respected; however,
DOCTRINE OF PROCESSUALPRESUMPTION
theiramount shall be reduced if in no
othermanner can every compulsory heir In the absence of evidence of foreignlaws, it is
begiven his full share according to thisCode. presumed that it is the same asPhilippine law.
(Rule 12a)Example: A will was executed in
1910without giving anything to his illegitimate 2. RENVOI DOCTRINE (referring back)
child.If he died under the Old Civil Code, The testator is a Philippine resident and
theillegitimate child does not have a anational of another country. The national
successionalright. If he died under the New Civil lawof the decedent says that the intrinsic
Code,illegitimate children have successional validityof a will should be governed by the
rights.Since the testator died during the domiciliarylaw or the law of his residence or
effectivity of the New Civil Code, the will is domicile.Hence, Philippine law will be applied.
intrinsically void.
SUBSECTION 2Testamentary Capacity and
b Intent
.

Viewpoint of PLACE/COUNTRY – Testamentary power

lawenforced is the national law of the decedent refers to the rightor privilege given by the state
ARTICLE 16 NEW CIVIL CODE.Real property as to the individualto execute wills.
well as personalproperty is subject to the law of
thecountry where it is situated.
iatdc2005However, intestate andtestamentary Testamentary capacity
successions, both withrespect to the order of
succession and refers to thequalification of a person to execute
a will.
ad

to the amount of successional rights andto the

intrinsic validity of testamentaryprovisions, shall A person may have testamentary powerbut no
be regulated by thenational law of the person testamentary capacity
whosesuccession is under
consideration,whatever may be the nature of
theproperty and regardless of the There are persons who have
countrywherein said property may be found. testamentarycapacity but they do not have
(10a) testamentarypower, like in some other
countries
2 Proceedings if a person dies with a will:

1.Probate proper – proceeding instituted

todetermine the genuineness andauthenticity But they may be used interchangeably
of a will. It is concerned onlywith the extrinsic
KINDS OF TESTAMENTARY CAPACITY 1.Active
validity of the will.2.Distribution proceedings –
Testamentary Capacity
intrinsic validityof the will is
consideredGENERAL RULE: Foreign laws may
 –refers to the qualifications of persons theproper objects of his bounty, and the
toexecute wills characterof the testamentary act. (n)

2.Passive Testamentary Capacity 3 Requisites of a sound mind:

–refers to the qualifications of persons 1. The testator must know the nature of
toreceive by virtue of a will. This would theestate to be disposed of 2. He must know
bediscussed more exhaustively under the proper objects of hisbounty3. He must
thechapter on the capacity to succeed. know the character of thetestamentary act

ARTICLE 796. ad

All persons who are notexpressly prohibited by Degrees of Mental Incapacity or Incapacity
law may make a will.
1.Idiots – IQ average of 25; congenitallyand
intellectually deficient; considered as of
unsound mind in succession2.Imbecile – IQ
Testamentary capacity is the generalrule
average of 26 to 50;mentally deficient;
ARTICLE 797. considered as of unsoundmind in
succession3.Moron – IQ average of 51 to 70;
Persons of either sex undereighteen years of they cando reading and writing; they can be
age cannot make a will. (n) self-supporting; considered as of sound mind
How do you compute 18 years?1.Theory under insuccessionGENERAL RULE: Testamentary
the Spanish Law incapacityinvalidates the whole willEXCEPTION:
If the incapacity proceeds from adelusion on a
Under the Spanish law, the 18 particular subject and the product of such
th delusion might be declared invalid
withoutaffecting other portions of the will
birthdayshould have passed or commenced
beforethe person can execute a will. We ARTICLE 800.
followSpanish Law The law presumes that everyperson is of sound
2.Theory under the American Law mind, in the absence of proof to the contrary.
The burden of proof that the testator was notof
It is sufficient that the day precedingone’s sound mind at the time of making
birthday has already commenced. hisdispositions is on the person who opposes
theprobate of the will; but if the testator, one
3.Theory under the Civil Code
month,or less, before making his will was
You are already 18 years old 4 daysbefore your publicly knownto be insane, the person who
birthday because under the CivilCode, 1 year is maintains thevalidity of the will must prove that
365 days. And in 18 years,there are 4 leap years. the testatormade it during a lucid interval. (n)
So, 4 days prior toyour birthday, under the Civil
When testator is presumed of unsoundmind:
Code, you arealready 18 years of age.
(1) When the testator, one month, or less,
ARTICLE 798.
beforemaking his will was publicly known to be
In order to make a will it isessential that the insane; (2) When the testator was judicially
testator be of sound mind atthe time of its declaredinsane before making his will;(3) When
execution. the testator has Insanity of a general
orpermanent nature shown to have existed at
ARTICLE 799
onetime.
.To be of sound mind, it is notnecessary that the
How to establish evidence of soundness of
testator be in full possessionof all his reasoning
mind?
faculties, or that his mind bewholly unbroken,
unimpaired, or unshattered bydisease, injury or 1.You may use the testimony of the
other cause.It shall be sufficient if the testator notarypublic2.The testimony of the attesting
was ableat the time of making the will to know witnesses3.The testimony of the attending
thenature of the estate to be disposed of, physician4.The testimony of other witnesses
ARTICLE 801. lawyer. Thereare witnesses and attestation
clause. 2.
Supervening incapacity does notinvalidate an
effective will, nor is the will of anincapable HOLOGRAPH OR HOLOGRAPHIC WILL
validated by the supervening of capacity. (n)
– wills which are ENTIRELY written, datedand
 signed in the handwriting of thetestator. This
also requires NO attestationclause or witnesses
Testator must be of unsound mind ATTHE TIME
or acknowledgment.
of the execution of the will
ARTICLE 804.

Every will must be in writingand executed in a
This is the
language or dialect known tothe testator. (n)
PRINCIPLE OFSUPERVENING CAPACITY ARTICLE
802.
No such thing as oral wills in thePhilippines
A married woman may make a willwithout the
consent of her husband, and withoutthe
authority of the court. (n)
Nuncupative Wills
ARTICLE 803.
are wills orallymade by testator in
A married woman may disposeby will of all her contemplation of deathand before competent
separate property as well as hershare of the witnesses.Nuncupative wills are not recognized
conjugal partnership or absolutecommunity in thePhilippines. The presumption is that the
property. (n) testatorknew the language used in writing the
will
What can the married woman or mandisposed
of in a will?

1. He/she may dispose of his/her There is no statutory requirement thatthe will

separateproperty; or2.He/she may dispose of should allege that the language usedtherein is
his/her share in theconjugal/community understood by the testator
property.


There is no need to state in the Attestation
If the spouse disposes of the entirecommunity clause that the will is in thelanguage or dialect
property, the disposition is onlyvalid with known to the testator
respect to the portion pertainingto the share of
ad
the spouse who is thetestator. The remaining
portion becomesinvalid. But if the spouse
knows that he orshe has no right to dispose of
the share orhis or her spouse but still he or she That the will is in a language known to
providesin the will that such portion or the thetestator can be proved by extrinsic
entireportion be given to a certain person, in evidenceor even by parol or oral evidence
thatcase, you will learn later on that it is
valid.What is to be done is for the estate
toacquire the other portion. If the will is executed in the locality wherethe
testator lives, it is presumed that indeedthe
SUBSECTION 3Forms of Wills2 Kinds of Wills: testator during his lifetime knew orunderstood
1. the language or dialect in thatlocality

ORDINARY OR NOTARIAL WILL

– thatwhich requires, among other things, The testator must know the language ordialect.
anattestation clause and No amount of interpretation orexplanation will
acknowledgementbefore a notary public. This cure the defect
will is ordinarilyexecuted with the aid of a
 Attesting witnesses are not required toknow 
the language used in the body of thewill
The presence of additional dispositions in a
ARTICLE 805. notarial willafter the signature of the
testatorinvalidates the entire will because
Every will, other than aholographic will, must be
itaffects the form
subscribed at the endthereof by the testator
himself or by the testator'sname written by 2.Attested and subscribed bythree or more
some other person in hispresence, and by his credible witnesses in thepresence of the
express direction, andattested and subscribed testator and of oneanother
by three or more crediblewitnesses in the

presence of the testator and of one another.
The testator or the person requested by himto “in the presence of thetestator and of one
write his name and the instrumental another” – notactually seeing but in a position
witnessesof the will, shall also sign, as aforesaid, to see if you want to see without any
each andevery page thereof, except the last, on physicalobstruction
the leftmargin, and all the pages shall be
numberedcorrelatively in letters placed on the ATTESTATIONSUBSCRIPTION
upper part of each page. The attestation shall Consists in witnessing thetestators execution of
state the number of pages used upon which the thewill in order to see and takenote mentally
will is written, and thefact that the testator that thosethings are done which thestatutes
signed the will and everypage thereof, or require for theexecution of the will andthat the
caused some other person towrite his name, signature of thetestator exist as a fact. The
under his express direction, in thepresence of signing of thewitnesses name uponthe same
the instrumental witnesses, and thatthe latter paper for thepurpose of identification of
witnessed and signed the will and all thepages suchpaper as a willexecuted by thetestator.
thereof in the presence of the testator andof Mental act of the senses. You see, smell, feel
one another. If the attestation clause is in a etc.Mechanical act of thehand. The purpose is
language notknown to the witnesses, it shall be to renderavailable proof of theauthenticity of
interpreted tothem. (n) the will andits due execution. The purpose
1. isidentification. The act of the witnesses May be
the act of thetestator when thetestator signs
Article 805 only applies to notarial wills the willor the witnesses if thewitnesses affixed
theirsignature in the will. To attest a will is to
2.
knowthat it was published assuch and to certify
The requirements under Article 805 are tobe the factrequired to constitute anactual or legal
strictly construed publication. To subscribe a paperpublished as a
will isonly to write on thesame paper
Formal Requirements under Article
thennames of the witnessesfor the sole purpose
805:1.Subscribed at the end by thetestator
of identification.
himself or the testator’s name iswritten by
some other person in thepresence and under Tests of Presence
the expressdirection of the testator
a. Test of visionb.Test of positionc.Test of
 mental apprehensiond.Test of available senses

Subscription means thephysical act of signing 3.The testator or the personrequested by him
to write his nameand the credible witnesses of

the willshall sign each and every page of thewill,
E-signatures cannot beaffixed in a will because on the left margin, except the lastpage
e-signatures areapplicable only to transactions

andcontracts
Marginal witnesses arealso the subscribing

witnesses
Signature must appearnot the physical end but
ad
at the logical endof the will
  is that clause of an ordinary ornotarial will
wherein the witnesses certify thatthe
Purpose of the signing atthe left-hand margin of
instrument has been executed beforethem and
the will is toidentify the pages and to prevent
the manner of execution of thesame
fraudGENERAL RULE: Absence of signature on
thefirst page of the will invalidates the
will.EXCEPTIONS: 1.If the will contains only one
What dothe subscribing witnesses attest to?
page, thenlogically that one page already has
1.They attest to the genuineness of
thesignature of the testator because he
thesignature of the testator 2.They attest to the
isrequired to sign at the end of the
due execution of thewill
dispositionand that also contains the signatures
of thewitnesses in the attestation clause.
2.Inadvertent lifting of pages.
Whatshould the attestation clause state?
4.All the pages shall benumbered correlatively 1.Thenumber of pages used upon which the
in letters placedon the upper part of each page willis written2.Thefact that the testator signed
the will andevery page thereof, or caused some

otherperson to write his name, under
As long as it the pagenumber has a physical hisexpress direction;3.Thesigning by the
location, the will isstill valid. The page number testator or by the personrequested by him in
may even beincorporated in the text of the the presence of theinstrumental witnesses;
documentitself and4.That the instrumental witnesses
witnessedand signed the will and all he

pagesthereof in the presence of the testatorand
If the will has only onepage, the will is valid of one another.
because you caneasily detect whether there is
ARTICLE 806.
loss of pages because if the one page is lost
thenthere is no will to speak of Every will must beacknowledged before a
notary public by thetestator and the witnesses.

The notary publicshall not be required to retain
Purpose of numbering thepages of a will: a copy of the will,or file another with the office
of the Clerk of Court. (n)
a)

To guard againstfraud;
Acknowledgment
b)
is a statement made bythe notary public that
To forestall anyattempt to suppress or the testator and thewitnesses have personally
substitute anyof the pages; come before him,that they voluntarily executed
c) the will andthat they understood the contents.

To afford meansof detecting the loss of any of

itspages; “Toacknowledge”
d) means to admit, to avow,to own as genuine
To prevent anyincrease or decrease in the
pages.
Aholographic will need not be
ATTESTATION acknowledgedbefore a notary public
It is theact of witnessing the execution of the
will. Itis a mental act.
Thetestator acknowledges the execution of
thewill. The witnesses acknowledge
Attestation clause theattestation clause.
 Ack nowledgment need not be made in the purpose of the law is substantially
thepresence of the testator and each accomplished althoughnot strictly followed
andeveryone of the witnesses. It is justrequired

that the testator and the witnessesappear
before the notary public, not actuallyat the As tomarginal signatures,
same time

there is no particularrequirement that it should

It isnot required that the notary public really appear on theleft margin because the
beforewhom the will is acknowledged be only purpose of marginal signatures is for
presentduring the execution of the will identification.


Absence of an acknowledgment is a fatal defect As toattesting signatures, the attesting
witnessesare supposed to own the
ARTICLE 807.
statementsmentioned in the attestation
If the testator be deaf, or adeaf-mute, he must clause.Therefore, their signatures should
personally read the will, if able to do so; appear atthe bottom of the attestation clause. If
otherwise, he shall designate twopersons to you just write on the margin, the purpose here
read it and communicate to him, insome isnot to own the statements mentioned herebut
practicable manner, the contents thereof.(n) just to identify this page, later on, as thesame
page which you attested before.
ARTICLE 808.
Requisites of Article 809:
If the testator is blind, the willshall be read to
him twice; once, by one of thesubscribing 1.The defects and imperfections refer to
witnesses, and again, by the notarypublic theform of the attestation or the languageused
before whom the will is acknowledged.(n) therein;2.There is no bad faith, forgery or fraud,
orundue or improper pressure
ARTICLE 809.
andinfluence;3.The will was executed and
In the absence of bad faith,forgery, or fraud, or attested insubstantial compliance with all
undue and improper therequirements; and4.The fact of such
execution and attestationis proved.
ad
Defects or imperfections excused under Article
pressure and influence, defects and 809:
imperfectionsin the form of attestation or in the
language usedtherein shall not render the will 1.Defects/imperfections in the form of
invalid if it isproved that the will was in fact attestation clause;2.Defects/imperfections in
executed andattested in substantial compliance the languageused in the attestation clause.
with all therequirements of article 805. (n)
Formal requisites to be observed in
theexecution of Notarial Wills:

Article 809 gives the rule on 1.The will must be in writing (Article 804);2.It
must be in the language or dialectknown to the
substantialcompliance with respect to testator; 3.The will must be signed by the
theattestation clause testator orby another person in his presence or
under hisexpress direction (Article 805);4.That
the signing by the testator or by theperson
Thereis under his express direction and in hispresence
substantial compliance must be done in the presence of atleast 3
instrumental witnesses;5.That the will is
when there hasbeen an HONEST ATTEMPT on attested and subscribedby at least 3 credible
the part of thetestator to comply with the witnesses in thepresence of the testator and of
formal requisitesprovided by law but the each andevery one of them;6.That the will must
compliance is onlysubstantial and not literal but be signed by thetestator and by at least 3
credible witnesseson the left hand margin on Requisites in the execution of holographicwills:
each and everypage;7.That the will must be
1.It must be written in a language ordialect
numberedcorrelatively in letters;8.That the
known to the testator2.It must be ENTIRELY
signing by the 3 witnessesmust be done in the
written by thetestator;
presence of the testatorand each and every one
of them;9.There must be an Attestation ad
clausestating therein the number of pages
uponwhich the will is written, a statement 3.It must be dated in the hand writing of the
thatthe testator signed the will or testator;4.It must be signed in the hand writing
anotherperson signed the will under the of the testator; and5.It must be with animus
expressdirection of the testator;10.The will is testandi.
signed at the left margin bythe testator and the ARTICLE 811.
3 instrumentalwitnesses in the presence of the
testatorand of one another;11.The will must be In the probate of a holographicwill, it shall be
acknowledged before anotary public (Article necessary that at least one witnesswho knows
806);12.The will must be read twice by the handwriting and signature of thetestator
2persons designated by the testator if explicitly declare that the will and thesignature
thetestator is deaf or deaf-mute (Article are in the handwriting of the testator. If the will
807);13.If the testator is blind the will must is contested, at least three of suchwitnesses
beread to him once, by one of the shall be required. In the absence of any
subscribingwitnesses, and again, by the notary competent witnessreferred to in the preceding
public(Article 808); and14.There must be paragraph, and if thecourt deem it necessary,
substantial compliancewith all the requirements expert testimony may beresorted to. (691a)
of the law (Article809).

ARTICLE 810 Probate

. A person may execute aholographic will which is the allowance of the will bythe court after its
must be entirely written,dated, and signed by due execution is proved
the hand of the testatorhimself. It is subject to
no other form, and maybe made in or out of the
Philippines, and neednot be witnessed. (678,
Questions addressed during
688a)
probateproceedings: question of identity,
question of testamentary capacity and question
of dueexecution
A

holographic will
If probate is UNCONTESTED, one witnesswho
is a will that isentirely written, dated and knows the hand writing of the testatormust be
signed by thehand of the testator himself presented and who must explicitlydeclare that
the will and the signature are inthe handwriting
of the testator. EXPLICITmeaning you must
It is important to know the date of execution possibly andunconditionally declare
because after the effectivity of theSpanish Civil
Code, which was overtaken bythe Code of Civil
Procedure August 7, 1901 – August 1950 – If probate is CONTESTED, at least 3 of such
holographic wills, duringthat period, were not witnesses shou777ld be presented
allowed.

A photocopy or carbon copy of aholographic is

Strictly speaking, in notarial wills,attestation allowedGENERAL RULE: The requirement of
clause is not part of the willbecause it contains presenting anexpert witness is discretionary on
no dispositions. Thefact that the attestation the part of thecourt. EXCEPTION: It is
clause is typewrittenwill not invalidate the will. mandatory when after thepresenting witnesses
who allegedly know the handwriting of the But, if these additional dispositions aresigned by
testator, the court still is notconvince as to the the testator, the testator isowning or adopting
authenticity and genuineness of the will then the additionaldispositions as his own. They will
the court should require experttestimony. now formpart of the will because it now owned
by thetestator or adopted. In that case, the
ARTICLE 812.
entirewill is void. The will now is not entirely
In holographic wills, thedispositions of the inthe handwriting of the testator.
testator written below hissignature must be

dated and signed by him inorder to make them
valid as testamentarydispositions. (n) Signed but not dated and the lastdisposition is
signed and dated – validated


If there is no signature and date, then it
ispresumed that the testator has Date only and the last disposition isdated and
notestamentary intent as to his signed – only the last dispositionis valid, all the
additionaldispositions previous dispositions are voidbecause the law
says signed not dated.Only the disposition

unsigned is invalid.
If dated without signature, the

additionaldisposition is void. If signed only
withoutdate, the additional disposition is void. Not signed and not dated even if thelast
Butthe holographic will itself is not affected disposition is signed and dated – void

 ARTICLE 814

With respect to notarial wills, the presenceof .In case of any insertion,cancellation, erasure or
these additional dispositions will invalidatethe alteration in aholographic will, the testator
entire will because in a notarial will, must authenticatethe same by his full signature.
thesignature should appear at the logical (n)
end.Those additional dispositions after

thesignature will invalidate the entire will.
The insertion, cancellation erasure oralteration
ARTICLE 813.
mentioned in Article 814 are theones written in
When a number of dispositionsappearing in a the hand writing of thetestator
holographic will are signedwithout being dated,

and the last disposition hasa signature and a
date, such date validates thedispositions Insertion, cancellation, erasure oralteration, is
preceding it, whatever be the timeof prior not per se prohibited as long asthey are
dispositions. (n) authenticated by the full signatureof the
testator


If the dispositions are merely signedwithout the
date, and the last disposition issigned and If the insertion, cancellation, erasure
dated, the effect is that itvalidates the oralteration does not bear the signature of
disposition preceding it. thetestator:GENERAL RULE: Only the erasure
orinsertion is void. The entire will itself

isvalid.EXCEPTION: When this
If the additional dispositions in aholographic will insertion,cancellation, erasure or alteration is
are not in the handwritingof the testator and made inan essential part of the will. When
they are not signed bythe testator, then, these thisinsertion, cancellation, erasure or
additionaldispositions are not valid but the will alterationwill affect the essence of the will then
itself remains valid. not

 ad
 only the insertion, cancellation, erasure Parricide. 5.It makes probate more difficult
oralteration is void but the entire will itself.*** especiallyif the testators dies at different times.
Articles 815, 816 and 817 were
ARTICLE 819.
previouslydiscussed under extrinsic validity of
wills from theviewpoint of place or country Wills, prohibited by the precedingarticle,
executed by Filipinos in a foreign countryshall
ARTICLE 818.
not be valid in the Philippines, even
Two or more persons cannotmake a will jointly, thoughauthorized by the laws of the country
or in the same instrument,either for their where theymay have been executed. (733a)
reciprocal benefit or for the benefitof a third

person. (669)
Joint wills executed by a Filipino in aforeign

country are not valid in the Philippines,even
JOINT WILL though allowed in the place of execution

is one wherein the sametestamentary 

instrument is made as the will of 2 or more
Article 819 is not applicable to
persons and it is jointly executedand signed by
foreignersexecuting their will. If a joint will is
them.
executedby a foreigner abroad and it is valid in
 theplace of execution, it shall be recognized
byour courts, because of lex loci
MUTUAL WILLS or RECIPROCALWILLS
celebrationes(law of the place of execution). If it
are wills of 2 persons wherein thedisposition of is valid inthe place of execution it is valid here in
one is made in favor of theother and the other thePhilippines.
also makes dispositions infavor of the other.

This is also called
If a joint will is executed by a Filipinoand a
TWINWILLS
foreigner, the will is void as to theFilipino and
. The Mutual or reciprocal wills areembodied in valid with respect to theforeigner.
separate instruments.


If a foreigner executes a joint will in
When the 2 dispositions are made in thesame thePhilippines:1
will, it becomes a joint will. Now, wehave a Joint
st
and Mutual will. When you havea Joint and
Mutual will, it is prohibited under Article 818. view: It is valid because if it isallowed under his
national law, it should beallowed here in the

Philippines under Art817.2
Article 818 may cover a joint and mutualwill or
nd
joint will wherein the benefit is not forthe 2
parties who execute the will but for athird view: By reason of public policy, it isvoid
person. because under Article 17, our lawscannot be
subrogated by the lawspromulgated in other

countries.
Not all mutual and reciprocal wills are jointwills.
SUBSECTION 4Witnesses to Wills ARTICLE 820.
Why are joint wills not allowed?
Any person of sound mind andof the age of
1.It tends to convert a will into a contract 2.It eighteen years or more, and notblind, deaf or
destroys the character of wills as astrictly dumb, and able to read and write,may be a
personal act3.It runs counter to the idea that witness to the execution of a willmentioned in
wills areessentially revocable or ambulatory;4.It article 805 of this Code. (n)
may subject one to undue influence. Itinduces

 A blind person, under Article 808, canbe a becoming subsequentlyincompetent shall not
testator. But he cannot be a witness prevent the allowance of thewill. (n)

ARTICLE 821. 

The following are disqualifiedfrom being As long as the witness is qualified at thetime of
witnesses to a will: (1)Any person not domiciled the execution of the will, it does notmatter if
in the Philippines;(2)Those who have been subsequently he becomesincapacitated. The
convicted of falsification of a document, perjury validity of the will remains.
or falsetestimony. (n)
ARTICLE 823.
Qualification of witnesses to a will:
If a person attests the executionof a will, to
1.He must be of sound mind2. At least 18 yrs of whom or to whose spouse, or parent,or child, a
age3. Not blind, deaf or dumb4. Able to read devise or legacy is given by such will,such devise
and write;5. Domiciled in the Philippines6. Not or legacy shall, so far only asconcerns such
convicted of falsification of document,perjury of person, or spouse, or parent, orchild of such
false testimony person, or any one claiming undersuch person
or spouse, or parent, or child, bevoid, unless
Essential elements of domicile:
there are three other competentwitnesses to
1.The fact of residing, or the physicalpresence in such will. However, such person soattesting
a fixed place2.The intention of remaining shall be admitted as a witness as if suchdevise
permanently, orthe animus manendi or legacy had not been made or given. (n)

 

These disqualifications apply only if thewill is This article refers to an attesting witnessto the
executed in the Philippines execution of the will but at the sametime he is a
devisee or legatee in that will


Conviction here should be by final judgment
The will is still valid but he is disqualifiedfrom
 receiving the devise or legacy
If pardoned and the pardon is by reasonof 
innocence then you become qualifiedagain to
become a witness to a will becausewhen you Even if the attesting witness is not thedevisee or
were acquitted because of innocence, that legatee himself but his spouse, theparents, the
means you are trustworthyas witness. child of that witness, so themother of the
attesting witness, the will is stillvalid but such
 person cannot receive thelegacy or devise
If the pardon is by reason of anexecutive 
clemency, you are still disqualifiedbecause the
pardon erases only the penaltyor the civil But this article will not apply if there aremore
consequences of the conviction than 3 witnesses.

ad 

but it does not change the fact that you In voluntary heirs, the inheritance whichthey
aredishonest and untrustworthy. are to receive under the will is void. Voluntary
heirs are those who receive byvirtue of the
 liberality by the testator but theydo not receive
A notary public cannot be one of theattesting something if the testator doesnot provide for
witnesses them.

ARTICLE 822. 

If the witnesses attesting theexecution of a will As to compulsory heirs, they may still gettheir
are competent at the time of attesting, their legitime. But with respect to the freeportion
accorded to the compulsory heirs inthe will, it is Because a codicil istaken as a part of theoriginal
void if such compulsory heir isalso one of the 3 will, then theoriginal will and thecodicil are
witnesses. taken asone. When you execute anew will, they
areseparate. The onerevoking the other.
ARTICLE 824.
ARTICLE 826
A mere charge on the estate of the testator for
the payment of debts due at thetime of the .In order that a codicil may beeffective, it shall
testator's death does not prevent hiscreditors be executed as in the case of awill.
from being competent witnesses to hiswill. (n)
2 kinds of Codicil:

1.NOTARIAL CODICIL – it follow the
A creditor is not disqualified to receive if the rulesrequired by law for notarial
testator provides in the will that suchportion will.2.HOLOGRAPHIC CODICIL – it follow
shall be given to the said creditor aspayment for therules required by law for holographic will
an obligation. Whether or not heis instituted in

the will, the creditor isentitled to be paid for his
credit. If the codicil does not follow therequirements of
the law, the codicil is void.But the invalidity of
SUBSECTION 5Codicils and Incorporation by
the codicil will not affectthe validity of the will.
Reference ARTICLE 825.
ad
A
ad
codicil
ad
is a supplement oraddition to a will, made after
the execution of awill and annexed to be taken ad
as a part thereof,by which any disposition made
in the originalwill is explained, added to, or ad
altered. (n) ad
 ad
The validity of the codicil depends uponthe ad
validity of the will
ad

ad
If the provisions of the will and thecodicil are
inconsistent, the codicil shouldprevail because ad
the purpose of a codicil is toamend, alter, or ad
add to a previouslyexecuted will.
ad
CODICILNEW WILL
ad
When you execute acodicil after youexecute a
will, thecodicil is taken as apart of the will.When ad
you say afterexecuting the first will,you again
ad
executeanother will then thenew will
existsindependently of theoriginal will ad
andwithout reference tothe original will.The
ad
codicil explains,adds to, supplements,and alters
theprovisions in theoriginal will.Has no regard ad
to theprevious will, it doesnot explain, or add
ad
to,or supplement theoriginal will. . The codicil
may revokeonly a PART of theoriginal will. ad
When you execute anew will, the
ENTIREprevious will is revokeas a general rule. ad
ad ad

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