CIVIL LAW SUCCESSION CHARACTERISTICS OF SUCCESSION 1. Mode of acquisition 2.

The property, rights and obligation to the extent of the value of the inheritance transmitted 3. The transmission takes place only by virtue of death 4. Transmission takes place either by will or by operation of law 5. The transmission to another REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (Time of vesting of the successional right). 1. Death of the decedent 2. Express will of the testator calling succession and/or provision of law prescribing successors 3. Rights or properties are transmissible 4. Transferee is capacitated to inherit

5. Acceptance of the inheritance by the successor KIND OF SUCCESSION 1. Testamentary succession by will 2. Intestate succession in default of a will 3. Mixed TREATMENT OF ACCRUALS UNDER THE LAWS OF SUCCESSION 1. Accrual after the making of the will 2. Accruals after the death of the testator 3. Accruals do not always pertain to the testate heirs 4. Accruals will always pertain to the testate heir WILL 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.

VALIDATY OF WILLS a. Extrinsic of wills 1.Governing law as to time FILIPINOS: Art 795 law in force when will was executed FOREIGNERS: Same rule (assumption: will is being probated here) 2.Governing law as to place FILIPINOS: Law if citizenship Law of domicile Law of residence Law of place of execution Philippine law FOREIGNERS: Law of citizenship Law of domicile Law of residence Law of place of execution Philippine law b. Intrinsic 1. Governing law as to time FILIPINOS: Art. 2263 law at time of death FOREIGNERS

Art. 16, Art. 1039depends on personal law 2.Governing Law as to place FILIPINOS: Art 16, Art 1039 Philippine law FOREIGNERS: Art. 16, Art 1039 National Law TESTAMENTARY CAPACITY 1. all persons not expressly prohibited by law 2. 18 years old and above 3. Sound mind 2 KINDS OF WILLS: 1. Notarial will Art 804806, & 807-808 in special cases 2. Holographic Art. 804 & 810 COMMON REQUIREMENTS THAT APPLY TO THE 2 KINDS OF WILLS 1. In writing

2. In a language or dialect known to the testator REQUISITES FOR VALID NOTARIAL WILL 1. In writing 2. Executed in a language or dialect known to the testator 3. Subscribed by the testator himself or by the testators name written by some other person in his presence and under his express direction at the end thereof, at the presence of witnesses 4. Attested and subscribed by at least 3 credible witnesses in the presence of each other, on the left margin 5. Each and every page must be signed by the testator or by the person requested by him to write his name, and by instrumental witnesses in the presence of each other, on the left margin.

6. Each and every page of the will must be numbered correlatively in letters placed on the upper part of each page 7. Must contain an attestation clause, stating the following a. The number of pages of the will b. Fact that the testator signed the will and every page in the presence of witnesses, or caused some other person to write his name under his express direction c. All witnesses signed the will and every page thereof in the presence of the testator and of one another 8. Must be acknowledge before a notary public ADDITIONAL REQUISITE IF DEAF OR MUTE: Must either: 1. Read will personally, if able to do so

2. Otherwise, he shall designate 2 persons to read it and communicate to him the contents ADDITIONAL REQUISITE IF BLIND Will shall be read to him twice: 1. Once by one of the subscribing witnesses 2. Once by the notary public before whom it is acknowledged REQUISITES OF HOLOGRAPHIC WILL: 1. In writing 2. Executed in a language or dialect to the testator 3. Entirely written, dated and signed by the hand of the testator himself AMENDING A WILL 1. Notarial will can only be amended through a codicil 2. Holographic will can be amended in 3 ways:

a. Dispositions may be added below