SUCCESSION

CHAPTER 1 GENERAL PROVISIONS

Article 774. Succession is a mode of acquisition By virtue of which - the property - rights - and obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by - his will, or - by operation of law.
NOTES: Balanes better definition: Succession is a mode of acquisition by virtue of which the inheritance of a person is transmitted through his death to another or others either by his will or by operation of law. (Inheritance: include all the property, rights and obligations of a person which are not extinguished by his death. [c.f. Art. 776] What are transmitted Only transmissible rights, i.e. those that are not strictly personal rights Rule regarding pecuniary obligations It is only after money debts are paid, in accordance with Rules 88 to 90, that the residue of the estate is distributed to the successors. Money debts are, properly speaking, not transmitted to nor paid by the heirs. It is the estate that pays them: it is only what is left after the debts are paid that are transmitted to the heirs. Creditors have to pursue their claims in the settlement proceedings, and not against the heirs. (Union Bank v. Santibanez) It is only the payment of money debts that has been affected by the Rules of Court. The transmission of other obligations not by nature purely personal follows the rule laid down in Article 774, and in relation to Article 1311.1 (Estate of K.H. Hemady v. Luzon Surety) This doctrine applies even after division of property has been done.2 (Alvarez v. IAC)

Article 775. In this Title Decedent is the general term applied to the person whose property is transmitted through succession whether or not he left a will. If he left a will he is also called the testator.

Art. 1311. Contracts take effect only as between the parties, their assigns and heirs, except in the case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. 2 Petitioners being the heirs of the late Rosendo Alvarez, they cannot escape the legal consequences of their fathers transaction, which gave rise to the present claim for damages. That petitioners did not inherit the property involved herein is of no moment because by legal fiction, the monetary equivalent thereof devolved into the mass of their fathers hereditary estate, and We have ruled that the hereditary assets are always liable in the totality for the payment of the debts of the estate.

Article 776. The inheritance shall include All the - property - rights - and obligations of a person which are not extinguished by his death. Article 777. The rights to the succession Are transmitted from the moment of the death of the decedent.
NOTES: Proper terms instead of transmitted, should have been vested. Rights vest; the inheritance is transmitted 3 Presumptions 1. The right to succeed 2. Capacity 3. Acceptance Consequnces of Art. 777 (LOS) 1. The law in force at the rime of the decedents death will determine who the heirs should be. (Uson v. Del Rosario) 2. Ownership passes to the heir at the very moment of death, who therefore, from that moment acquires the right to dispose of the share. (De Borja v. Vda. De Borja) **NOTE: Under the law, there is no moment when the property is without an owner. But in reality, there is an appreciable period of time that intervenes. 3. The heirs have the right to be substituted for the deceased as party in an action that survives. (Bonilla v. Barcena)

Article 778. Succession may be: (1) Testamentary; (2) Legal or intestate; or (3) Mixed.
NOTES: Definition of legal or intestate succession: Intestate or legal succession takes place by operation of law in the absence of a valid law.

Article 779. Testamentary succession is that which - results from the designation of an heir - made in a will o executed in the form prescribed by law. Article 780. Mixed succession Is that effected partly by will and partly by operation of law.

Article 781. The inheritance of a person includes - not only the property and the transmissible rights and obligations existing at the time of his death - but also those which have accrued thereto since the opening of the succession. Article 782. An heir Is a person called to the succession either by - the provision of a will - or by operation of law. Devisees or legatees Are persons to whom gifts of real or personal property Respectively Are given by virtue of a will.
NOTES: Castans (better) definitions Heir One who succeeds to a whole or an aliquot part of the inheritance. Devisee/Legatee Those who succeed to definite, specific and individual properties.

CHAPTER 2 TESTAMENTARY SUCCESSION

SECTION 1. WILLS
SUBSECTION 1. WILLS IN GENERAL Article 783. A will is an act Whereby a person is permitted With the formalities prescribed by law To control to a certain degree the DISPOSITION OF HIS ESTATE To take effect after his death.
NOTES: Operative words in the definition: (APFICA) 1. ACT Should have instead been instrument or document. Primarily because oral wills are void. 2. PERMITTED Because will-making is purely statutory. 3. FORMALITIES PRESCRIBED BY LAW Articles 804 to 819. 4. CONTROL TO A CERTAIN DEGREE The testators power of testamentary disposition is limited by the rules on legitimes. 5. AFTER HIS DEATH Testamentary succession, like all other kinds of succession, is mortis causa. Justice Sarmientos definition of a will: A will is a personal, solemn, revocable and free act by which a capacitated person disposes of his property and rights, and declares or complies with duties to take effect after his death. (Vitug vs. CA)

Characteristics of Wills (PFSR-MIA-CUDS) 1. Purely personal 2. Free and intelligent 3. Solemn and formal 4. Revocable and ambulatory 5. Mortis Causa 6. Individual 7. Executed with animus testandi 8. Executed with testamentary capacity 9. Unilateral 10. Dispositive of property 11. Statutory

Article 784. The making of a will Is a strictly personal act. It - 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.
NOTES: What may be accomplished through agent - mechanical, dispositive

Article 785. The - DURATION or EFFICACY OF THE DESIGNATION of heirs, devisees or legatees, or - The DETERMINATION OF THE PORTIONS which they are to take When referred to by name Cannot be left to the discretion of a third person.
NOTES: 3 Non-delegables: 1. Designation 2. Duration/efficacy of designation 3. Determination of portions

Article 786. The testator may entrust to a third person - the distribution of specific property or sums of money o that he may leave in general o to specified classes or causes - and also the designation o of the persons, institutions, or establishments (PIE) o to which such property or sums of money have been given or applied.
NOTES: What may be delegated: 1. Designation of the PIE within class or cause 2. Manner of distribution What may not be delegated: 1. Property/amount of money to be given 2. Class/cause to be benefitted

Article 787. The testator MAY NOT make a testamentary disposition In such a manner that Another person has to determine whether or not it is OPERATIVE. Article 788. If a testamentary disposition Admits of several interpretations In case of doubt That interpretation by which the designation is to operative Shall be PREFERRED. Article 789. LATENT AMBIGUITY When there is - an imperfect description, or - when no person or property exactly answers the description = mistakes and omissions must be corrected - if the error appears o from the context of the will, or o from extrinsic evidence EXCLUDING oral declarations of the testator as to his intention PATENT AMBIGUITY (2) And when uncertainty arises upon the face of the will - as to the application of any of its provisions = the testators intention is to be ascertained from the words of the will taking into consideration - the circumstances under which the will was made o EXCLUDING such oral declarations.
NOTES: Method of resolving ambiguity Any evidence admissible and relevant (EXCEPT oral declarations)

Article 790. The words of a will are to be taken in their ORDINARY AND GRAMMATICAL SENSE Unless - a clear intention to use them in another sense can be gathered, and - that other can be ascertained. Technical words in a will are to be taken in their TECHNICAL SENSE Unless (1) the context clearly indicates a contrary intention, (2) or unless a. it satisfactorily appears that the will was drawn solely by the testator, and b. that he was unacquainted with such technical sense. Article 791. The words of a will

are to receive an INTERPRETATION - which will give to EVERY expression some effect - RATHER THAN one which render ANY of the provisions inoperative; AND of two modes of interpreting a will That is to be PREFERRED = which will prevent intestacy. Article 792. The INVALIDITY of one of several dispositions in a will = DOES NOT result in the invalidity of the other dispositions Unless It is to be presumed that TESTATOR would not have made such other dispositions If the first invalid disposition HAD NOT been made Article 793. Property acquired AFTER the making of the will Shall only pass thereby As if the testator had possessed it at the time of making the will should it expressly appear by the will = that SUCH WAS THE INTENTION
NOTES: Balanes better construction: Property acquired after making the will shall only pass thereby unless the contrary appears from the words or context of the will.

Article 794. Every devise or legacy Shall CONVEY All of the interest which the testator could devise/bequeath in the property disposed of Unless It clearly appears from the will that he intended to convey a less interest.
NOTES: GR: EXACTLY the same interest Exc: Articles 794 and 929.

Article 795. The validity of a will as to its FORM DEPENDS upon the observance of the law in force at the time it is made.
NOTES: Extrinsic Validity 1. TIME Pinoy Law in force when will is executed Foreigner SAME (presuming probate here) 2. PLACE Pinoy CD-REL Foreigner same Intrinsic Validity 1. TIME Pinoy Law as of the time of death Foreign Depends on personal law 2. PLACE Pinoy RP Law Foreigner National law

SUBSECTION 2. TESTAMENTARY CAPACITY AND INTENT Article 796. ALL persons who are not expressly prohibited by law = may make a will Article 797. Persons of EITHER SEX under 18 years of age = CANNOT make a will Article 798. In order to make a will It is ESSENTIAL that testator be of SOUND MIND at the time of its execution. Article 799. To be of sound mind = NOT NECESSARY THAT - testator be in full possession of all his reasoning faculties, or that - his mind be wholly unBroken, unImpaired or unShattered(BIS) by Disease, Injury or other Cause (DIC) It shall be SUFFICIENT if The testator was able at the time of making the will TO KNOW (1) the nature of the estate to be disposed of, [i.e. fairly accurate knowledge of what he owns] (2) the proper objects of his bounty, and [i.e. relatives in the most proximate degrees have first claim] (3) the character of the testamentary act. (NOC) [i.e. knowledge that the will disposes of his properties upon death] Article 800. The law presumes that every person is of SOUND MIND (in the absence of proof to the contrary) Burden of proof (that testator was NOT of sound mind AT THE TIME of making his dispositions) = on the person who opposes the probate of the will BUT If the testator - one month or less before making his will - was publicly known to be insane The person who maintains the validity of the will MUST PROVE = that testator made it during a lucid interval [Under RoC] Executed will while still under guardianship or ordered committed, in either case, for insanity. Article 801. SUPERVENING INCAPACITY does not invalidate an effective will Nor is the will of an INCAPABLE PERSON validated by the supervening capacity.

Article 802. A married woman may make a will without the consent of her husband, and without authority of the court. Article 803. A married woman may dispose by will all her - separate property, - as well as her share of the conjugal partnership or absolute community property. SUBSECTION 3. FORMS OF WILLS Article 804. Every will: (1) must be in writing, and (2) executed in a language or dialect known to the testator
NOTES: Article 804 is MANDATORY. (Suroza v. Honrado) Neither the will nor the attestation clause need state compliance with both requirements. This can be proved by extrinsic evidence. (Lopez v. Liboro; Caponong-Noble v. Abaja) Presumption of compliance (1) Will is in a language/dialect generally spoken in place of execution (2) Testator is a native or resident of such place (Abangan v. Abangan)

Article 805. Every will (other than a holographic will) (1) Must be subscribed at the end thereof a. By the testator himself, or b. By the testators name written by some other person i. In his presence, ii. And by his express direction. (2) And attested and subscribed a. By 3/more credible witnesses b. In the presence of i. The testator, ii. And of one another. The - Testator or the person requested by him to write his name - AND the instrumental witnesses of the will shall also (1) SIGN, as aforesaid - each and every page thereof - except the last - on the left margin and all the pages shall be (2) NUMBERED - correlatively - in letters - placed on the upper part of each page The attestation shall state: (1) the number of pages used upon which the will is written,

(2) and the fact that a. the i. testator signed the will and every page thereof, ii. or caused some other person to write his name 1. under his express direction b. in the presence of the instrumental witnesses (3) and that the latter witnessed and signed the will and all the pages thereof a. in the presence of the testator and one another If the attestation clause is in a language not known to the witnesses = it shall be interpreted to them.
NOTES: Re: Subscription of testator A thumbmark is a valid signature. A statute requiring a will to be signed is satisfied if the signature is made by the testators mark. (Payad v. Tolentino) There is no basis for limiting the validity of thumbprints only to cases of illness or infirmity (De Gala v. Gonzales) A cross is NOT a valid signature, unless it is the testators usual manner of signature or one of his usual styles of signing. (Garcia v. Lacuesta) What the agent must write The essential thing for VALIDITY is that the testators name, nothing more. It must also be written by the agent in his (the agents) own hand. It is not essential, but would be a good thing, for the agent to indicate the fact of agency. (Barut v. Cabacunan; Balonan v. Abellana) May the agent be one of the attesting witnesses? If there are more than 3 witnesses YES If there are only 3 UNCLEAR (c.f. Tan Duico: the testator or person acting in his stead, as well as the three witnesses sign on the left margin) Signing before the end INVALIDATES WHOLE WILL. Signing in the presence of witnesses Test of Presence: The ability to see each other (i.e. the testator and the witnesses) by merely casting their eyes in the proper direction. The testator, or his agent, must sign every page, except the last, on the left margin in the presence of witnesses The last page need not be signed by the testator on the margin because, being the page where the end of the will is, it already contains the testators signature. MANDATORY signing on every page in the witnesses presence; DIRECTORY place of signing be on left margin. Icasiano v. Icasiano A case of pure oversight where the witnesses failed to sign on every page. However this ruling cannot be taken as a departure from the rule that the will should be signed by the witnesses on every page. The carbon duplicate was regular in all respects. A cavalier disregard of the formal requisites of wills, in reliance on Icasiano, is not recommended. The witnesses must sign every page, except the last, on the left margin in the presence of the testator and one another Order of signing If done in a single transaction immaterial Done in several transactions testator must affix signature ahead of witnesses

Pagination MANDATORY: pagination by means of a conventional system; DIRECTORY in letters on the upper part of each page Attestation Clause Attestation Clause: A memorandum of the facts attending the execution of the will. The attestation clause is the affair of the witnesses, therefore, it need not be signed by the testator. (Fernandez v. Vergel de Dios) The signatures of the witnesses must be at the bottom of the attestation clause. (Cagro v. Cagro) If the entire document consists of only two sheets, the first containing the will and the second, the attestation clause, there need not be any marginal signatures at all. (Abangan v. Abangan) The fact that the attestation clause was written on a separate page has been held to be a matter of minor importance and apparently will not affect the validity of the will. (Villaflor v. Tobias) Failure to state the number of pages in the attestation clause renders the will VOID. (Azuela)

Article 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required - to retain a copy of the will, or - file another with the office of the Clerk of Court.
NOTES: Acknowledgement: The act of one who has executed a deed in going before some competent officer/court and declaring it to be his act or deed. Acknowledgment before a notary public Javellana v. Ledesma Ratio: The certification of acknowledgment need not be signed by the notary in the presence of the testator and the witnesses Obiter: Art. 806 does not require that the testator and the witnesses must acknowledge on the same day that it was executed. Logical inference: Neither does the article require that the testator and the witnesses must acknowledge in one anothers presence. If the acknowledgment is done by the testator and the witnesses separately, all of them must retain their respective capacities until the last one has acknowledged. The notary public cannot be counted as one of the attesting witnesses. (Cruz v. Villasor) Affixing of documentary stamp is not required for validity. (Gabucan v. Manta)

Article 807. If the testator be deaf, or a deaf-mute - He must personally read the will, if able to do so (i.e. literate) - Otherwise (i.e. illiterate) he shall o Designate two persons o To read it and communicate to him o In some practicable manner o The contents thereof. Article 808. If the testator is blind the will shall be read to him twice - Once by one of the subscribing witnesses, - And again, by the notary public before whom the will is acknowledged.
NOTES:

Article 808 is mandatory. (Garcia v. Vasquez) By evident analogy, Article 807 is also mandatory. Article 808 applies not only to blind testators but also to those who, for one reason or another, are incapable of reading their wills. (Alvarado v. Gaviola) There is substantial compliance with Article 808 when, despite being read to the testator only once, the will was read aloud in the presence of the testator, his three instrumental witnesses, and the notary public, and where prior and subsequent to such reading, the testator affirmed upon being asked that the contents read corresponded with his instructions, and only then did the signing and acknowledging take place. (Alvarado v. Gaviola) The burden of proof is upon the proponent of the will that the special requirement of the article was complied with. At the same time, there is no requirement that compliance with the requirement be stated either in the will or the attestation clause.

Article 809. In the absence of - bad faith, - forgery or fraud, - or undue and improper pressure and influence (BUFF) defects and imperfections (1) in the form of attestation, or (2) in the language used therein SHALL NOT render the will invalid = if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of Article 805.
NOTES: Attest vs. Subscribe (1) Act of the senses Act of the hand (2) Mental Mechanical (3) Purpose is to know it was published as such, and to certify the facts required to constitute actual and legal publication Sole purpose is for identification Requirements that CAN be subject to the Substantial Compliance Rule (NP3-N) (1) Whether the pages are consecutively numbered (2) Whether the signatures appear in each and every page (3) Whether there are three subscribing witnesses (4) Whether the will was notarized Requirements that CANNOT be subject to SCR (1) Total number of pages (Balane disagrees with this) (2) Whether all persons required to sign did so in the presence of each other. Standard for applying SCR If there is no need for extrinsic evidence NOT FATAL (SCR applied) If there is need for evidence alliunde VOID ATTESTATION CLAUSE (SCR n/a) (Caneda v. CA)

Article 810. A person may execute a HOLOGRAPHIC WILL Which must be entirely (WDS) - written - dated - and signed BY THE HAND of the testator himself. It is (FIW) - subject to no other form - and may be made in or out of the Philippines

and need not be witnessed.

NOTES: Dated by the testator GR: Day-Month-Year Substantial Compliance: When (1) No BUFF appears and (2) Authenticity of the will is established. (Roxas v. De Jesus) Only requirements as to date: (1) Date is in the will itself (2) Executed in the testators hand. Location is NOT a requirement. (Labrador v. CA) Signed by testator i.e. no thumbprint signatures. Also, signature must be at wills end.

Article 811. In the probate of a holographic will It shall be necessary That at least one witness who knows the handwriting and signature of the testator EXPRESSLY DECLARE that the will and the signature Are the handwriting of the testator. If the will is contested at least 3 of such witnesses shall be required. In (1) the absence of any competent witness referred to in the preceding paragraph, (2) and if the court deem it necessary = expert testimony may be referred to.
NOTES: Article 812 only applies to post mortem probates. Contested means the handwriting/signature is challenged as not authentic. Uncontested means it is deemed authentic. How genuineness of handwriting is proved under the Rules of Court (SOCE) (1) A witness who actually saw the person writing the instrument. (2) A witness familiar with such handwriting and who can give his opinion thereon, such opinion being an exception to the opinion rule. (3) A comparison by the court of the questioned handwriting and an admitted genuine specimen thereof. (4) Expert evidence. The three-witness rule in case of contested holographic wills is merely directory. The will may still be proved so long as the court is convinced of its authenticity. Moreover, it is the quality, not the quantity of the witnesses, that controls. (Azaola v. Singson)

Why Codoy v. Calugay DID NOT overrule the Azaola doctrine regarding the directory nature of Article 812 (1) Codoy was not based on there being less than 3 witnesses (there were in fact 6). (2) Neither did the ruling state that since there were less than 3 witnesses, even if the testimonies of the 2 witnesses were convincing, the probate was denied because of the mandatory import of 811 (The testimony of the 2 witnesses was found to be indecisive). (3) The ruling in fact said that visual examination of the will reveals that the strokes are different compared with standard documents. Therefore, the basis of Codoy was not the failure to present 3 witnesses, but that the evidence for authenticity was inadequate.

Gan and Rodelas GR: In the probate of a holographic will, the document itself must be produced. A lost holographic will cannot be probated. (Gan v. Yap) EXCEPTION: If a photostatic or Xerox copy of the holographic will exists, it may be allowed because comparison may be made with the standard writings of the testator. (Rodelas v. Aranza) There should not be any recourse to expert testimony unless the court is dissatisfied with lay testimony. (Azaola)

Article 812. In holographic wills The dispositions of the testator Written below his signature must be DATED and SIGNED by him in order to make them valid as testamentary dispositions. Article 813. When 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.
NOTES: Re: additional dispositions ADDITIONAL LAST ADDITIONAL LAST ADDITIONAL LAST ADDITIONAL LAST

Dated and Signed Dated and Signed NOT dated, but Signed Dated and Signed Dated, Not Signed Dated and Signed Not Dated, Not Signed Dated and Signed

All Dispositions are Valid (812)

All Dispositions are Valid (813)

Only LAST disposition is valid If made on one occasion validates all Made on different occasions only last Determinative of validity of addl: (1) Last is dated and signed (2) Additional are signed.

Article 814. In case of any (ICEA) - insertion, - cancellation, - erasure - or alteration in a holographic will = the testator must authenticate the same by his full signature.
NOTES: Effect of non-compliance with the article: The ICEA is simply considered not made, unless the portion

invovled is an essential part of the will, such as the date. If numerous ICEA invalid ICEA (not invalid will) If only one substantial provision in the will invalid will If an essential part of the will invalid will

Article 815. When a Filipino is in a foreign country He is authorized to make a will in any of the forms established by law in the country in which he may be. Such will may be probated in the Philippines. Article 816. The will of an alien who is abroad Produces effect in the Philippines IF - made in 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 provides. Article 817. A will - made in the Philippines - by a citizen/subject of another country - which is executed in accordance with the law of the country of which he is a citizen/subject - and which might by proved and allowed by the law of his own country = shall have the same effect as if executed according to the laws of the Philippines.
NOTES: Rules on formal validity (Where is the will made) (1) Filipino Abroad (815) Any of the forms established by law of foreign country, except those prohibited under 819 (2) Alien Abroad (816) [RDP] a. Formalities of law where he resided b. Formalities of his country/domicile c. Formalities of RP (3) Alien in RP (817) In accordance with the formalities of home country and probatable in home country

Article 818. 2/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.
NOTES: Reasons why void (RISK) (1) Limits mode of revocation (2) Danger of undue influence (3) Diminution of testamentary capacity (4) Danger of testators killing each other.

Article 819. Wills

- prohibited by the preceding article - 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.
NOTES: Outline on joint wills (1) Pinoys in RP (818) = VOID (2) Pinoys Abroad (819) = VOID (in RP) (3) Aliens Abroad (816) (4) Aliens in RP = dispute a. Void because against public policy, or b. Article 817 will apply (5) Pinoy and Alien a. As to Pinoy always void b. As to Alien 816 or 817

SUBSECTION 4. WITNESSES TO WILLS Article 820. Any person - of sound mind - and of the age of 18 or more - and not blind, deaf or dumb - and able to read and write may be a witness to the execution of the will mentioned in Article 805 of this Code. Article 821. The following are DISQUALIFIED from being witnesses to a will: (1) Any person not domiciled in the Philippines (2) Those who have been convicted of a. Falsification of a document, b. Perjury, or c. False testimony.
NOTES: Qualifications of witnesses: SABAD-fpt Competence vs. Credibility Competence Article 820 and 821 Credibility Arises from an appreciation of the witness testimony. (Gonzales v. CA)

Article 822. If the witnesses attesting the execution of a will Are competent at the time of attesting Their becoming subsequently incompetent SHALL NOT prevent the allowance of the will. Article 823. If a person attests the execution of a will To whom or to whose spouse/parent/child a devise or legacy is given by such will Such devise or legacy shall So far only as concerns

- such person or spouse/parent/child of such person, or - any one claiming under such person or spouse/parent/child Be VOID UNLESS there are 3 other competent witnesses to such will. HOWEVER: Such person so attesting shall be admitted as a witness As if such devise or legacy had not been made or given.
NOTES: When there are only THREE witnesses to a will Witness is disqualified to succeed; devise/legacy = VOID Witness incompetent to be a witness Disqualification is only as to the TESTAMENTARY PROVISION, not the legitime. Provision also applies to heirs.

Article 824. A mere charge on the estate of the testator For the payment of debts due at the time of the testators death DOES NOT prevent his creditors from being competent witnesses to his will. SUBSECTION 5. CODICILS AND INCORPORATION BY REFERENCE Article 825. A codicil is - a supplement or addition to a will, - made after the execution of a will, - and annexed to be taken as a part thereof, - by which any disposition made in the original of the will is [ExAlt] o explained, o added to, or o altered. Article 826. In order that a codicil may be effective it shall be executed as in the case of a will.
NOTES: Need not be in same form as original will.

Article 827. If a will, executed as required by this Code INCORPORATES into itself By reference Any document or paper = such document or paper shall not be considered a part of the will UNLESS the following requisites are present: [EDIS] (1) The document or paper referred to in the will must be in existence at the time of the execution of the will (2) The will must clearly describe and identify the same o Stating among other things the number of pages thereof (3) It must be identified by clear and satisfactory proof

 as the document or paper referred to therein; and (4) It must be signed by the testator and the witnesses on each and every page EXCEPT in case of voluminous books of account or inventories
NOTES: Re: (2) The will must identify the documents Re: (3) The document must be identified by extrinsic evidence. Proved by the document itself or something else that would identify it. Re: (4) GR: n/a to holographic wills EXC: If you had the holographic will witnessed. No incorporation by reference in holographic wills.