CHEE NOTES FSUU-COLLEGE OF LAW WILLS & SUCCESSION 1

WILLS AND SUCCESSION

4. What are the bases for succession?
BLUE-Law  Natural law
RED- Qs during Recits  Socio-economic postulate
PINK-Bar Q  Implicit attribute

1. What is Succession?
GENERAL- Transmission of rights and Article 775. In this Title, "decedent" is the general term
properties from one person to another. applied to the person whose property is transmitted
TECHNICAL-Transfer of tittle to property under through succession, whether or not he left a will. If he
left a will, he is also called the testator.
the laws of descent and distribution, taking place
only on the death of a person. 5. What is a decedent?
Person whose estate is to be distributed
2. What are the kinds of succession? Whether or not he left a will
Effectivity
 Inter vivos Article 776. The inheritance includes all the property,
 Mortis Causa rights and obligations of a person which are not
Existence of a will extinguished by his death.
 Testamentary
 Intestate 6. What is the difference between inheritance from
 Mixed succession?
Transferees of the Property I-property or right acquired
 Compulsory S-manner by virtue of which the property or right
 Voluntary is acquired
Extent Rights and Obligations 7. What is the difference between
 Universal administration and succession?
 Particular A-Dealing with deceased person’s property
Special Kind according to law
 Contractual S-transferring to it beneficially

8. What Inheritance Includes?

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.
3. What are the elements of Succession Mortis
Causa?
 Mode of Acquisition
 Transfer of property rights and obligations to
the extent of the value of the inheritance
 Transmitted through death
 Transmission to another or others
 By will or operation of Law
 Property
 Rights not extinguished by death
 Obligations not extinguished by death (to the
extent of the value of the inheritance)
9.What are the rights extinguished by death?
 Intransmissible personal rights by nature
 Right to claim acknowledgment or
recognition as a natural child
 Right to hold public or private office or job
10.What are the rights not extinguished by death?
 forcible entry
 Compel execution of a document necessary
for convenience
 Continue a lease contract

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CHEE NOTES FSUU-COLLEGE OF LAW WILLS & SUCCESSION 2

 Property right in an insurance policy by judicial decree are entitled to inherit

GR: ALL obligations are transmissible GR:A recognized Spurious Child entitled to
XPN: Purely Personal or Non-transferable by law inherit
or contract XPN: Death before Aug. 30,1950 (NCC
Effectivity) not entitled vested rights of legitimate
children prejudiced
Article 777. The rights to the succession are transmitted
from the moment of the death of the decedent. 15. When is there no necessity of prior
11. What are the conditions for the transmission of declaration of heirship?
Successional Rights?
No pending settlement proceedings for the
 Death w/n actual or presumed
distribution of an estate
 Rights or Properties are Transmissible or
descendible
16. When is there no need to appoint an
 Transferee is still alive, willing, capacitated
administrator?
to inherit
 Heirs legal age
 No debts to be settled
12. What are the two kinds of presumed
 Heirs themselves may enter upon the
death?
administration of property
Ordinary Presumption- ordinary absence no idea
of danger or death.
17. When no transmission occurs
Purpose: Opening Succession
 Heir is incapacitated
GR:end of 10 years
 Heir repudiates
XPN: 5years- disappeared after the age of 75
 Heir predeceases the testator
Extraordinary Presumption- great probability of
18. What is the difference between Estate and
death
Inheritance Tax?
Purpose: For all purposes
E-virtual charge on the giver.
Vessel lost sea voyage/aeroplane (4yrs)
I-charge on the recipient; paid on what is left after
Armed forces missing war (4yrs)
the estate tax has been deducted from the
Danger of death other circumstances
residuary estate
existence not known (4yrs)
13. What is the effect of the Absentee’s Return BAR QUESTION:
or appearance? 19. When and how is the right to succeed a deceased
GR: Recover property on the condition person acquired?
which it may be found and the price that may Death of the decedent through testamentary,
have been alienated intestate or mixed succession
XPN: Cant claim fruits or rent
Heir acquired property through
prescription
Consumption GF Article 778. Succession may be:

14. What is the difference between the old and (1) Testamentary;
new civil code?
O-Spurious children were not entitled to inherit (2) Legal or intestate; or
even filiation judicially declared
N-Spurious children if recognized voluntarily or (3) Mixed

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CHEE NOTES FSUU-COLLEGE OF LAW
20. What are the three kinds of succession?
 Testamentary
 Legal or intestate
 Mixed
21. What are the other kinds of succession?
Compulsory- succession to legitime
Contractual- marriage settlement
. operation of law.
Article 779. Testamentary succession is that which
results from the designation of an heir, made in a will
executed in the form prescribed by law.
22. What is testamentary succession?
 Results designation of an heir
 Made in a will
 Executed form prescribed by law
23. What are the rules on testamentary
succession?
Will or through codicil
Will or codicil may be:
 Notartial-attested, acknowledged
 Holographic-handwritten complete
with date and signature
Doubt, testamentary preffered to legal or
intestate
Article 780. Mixed succession is that effected partly by
will and partly by operation of law.
24. What is mixed succession?
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.
25. What inheritance includes?
 Property
 Transmissible Rights
 Obligations to the extent of the value of the
inheritance
 Acquired by accretion since the opening of
the succession
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WILLS & SUCCESSION 3
26. What are after-acquired properties?
Are properties acquired by testator between the
time the will is made and the time he dies.
Article 782. An heir is a person called to the
succession either by the provision of a will or by
Devisees and legatees are persons to whom gifts
of real and personal property are respectively
given by virtue of a will.
27. Who are the transferees in testamentary
succession?
 Heirs-universal title that is to all or a fraction
or aliquot part of the properties, rights and
obligations
 Legatees and Devisees-particular title to cash
or to a particular specified item or thing in
the inheritance
Legatees- succeed to PP
Devisees-succed to RP
28. What is the importance of the distinction
between heirs and legatees and devisees?
In preterition,
Voluntart heir- gets nothing
Legatee or devisee sttill gets the property given as
long as the legitime is not impaired.
29. When shall an heir assume a dual status?
When a compulsory heir is given more than his
legitime.
Legitime- compulsory heir
Excess- voluntary heir
30. What is the essence of differentiating a
compulsory and a voluntary heir?
C- he dies before the testator, his legitime is
inherited by his own child
V- if he dies ahead, his child gets nothing from
the testator
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CHEE NOTES FSUU-COLLEGE OF LAW WILLS & SUCCESSION 4

CHAPTER 2 Article 785. The duration or efficacy of the

TESTAMENTARY SUCCESSION designation of heirs, devisees or legatees, or the
SEC.1 determination of the portions which they are to
WILLS take, when referred to by name, cannot be left to
Subsection 1.- WILLS IN GENERAL the discretion of a third person.

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 this estate,
to take effect after his death.
31. What is a will?
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.
A will is a personal, solemn, revocable and free
act by which a person disposes of his property to
take effect after his death.
32. What are the essential elements and
characteristics of a will?
 Statutory right
 Unilateral act
 Solemn or formal act
 Animus testandi (intent to make a will)
 Personal Act in all essential matters
 Effective mortis causa
 Revocable or ambulatory
 Free from vitiated consent
 Individual act
 Disposes of the testator’s estate
33. What is the difference between a last will
and a testament?
Testament- disposes of PP
Will-disposes of RP
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.
34a. What are the things that are prohibited to
entrust to a third person?
 Duration of the designation of heirs, devisees
or legatees
 Efficacy of the designation of heirs, devisees
or legatees
 Determination of the portions which they are
to take when referred to by name
Article 786. The testator may entrust to a third person
the distribution of specific property or sums of money
that he may leave in general to specified classes or
causes, and also the designation of the persons,
institutions or establishments to which such property or
sums are to be given or applied.
34. When may a third person be entrusted?
 Distribution of property or sums of money
that he may leave in general to specified
classes or causes
 Designation of the persons institutions or
establishments to which property or sums of
money are to be given or applied
 Distribution and designation of who will
receive and how much as long as
 To Specified classes or causes
 Specific property or a sum of money has
been set aside for the purpose
Article 787. The testator may not make a
testamentary disposition in such manner that
another person has to determine whether or not it
is to be operative.
Rules in Interpretation
Article 788. If a testamentary disposition admits
of different interpretations, in case of doubt, that

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CHEE NOTES FSUU-COLLEGE OF LAW
interpretation by which the disposition is to be
operative shall be preferred.
Article 789. 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
from the context of the will or from extrinsic
evidence, excluding the oral declarations of the
testator as to his intention; and when an
uncertainty arises upon the face of the will, as to
the application of any of its provisions, the
testator's intention is to be ascertained from the
words of the will, taking into consideration the
circumstances under which it was made,
excluding such oral declarations.
35. What are the kinds of Ambiguity in a will?
 Latent or Intrinsic Ambiguity-
not appear on the face of the will,
discovered by extrinsic evidence
 Patent or Extrinsic Ambiguity
Appear on the face of the will,provisions
36. When does an intrinsic ambiguity arise?
 Imperfect description of heir,
legatees,devisee
 Imperfect description of gift being given
 One recipient is designated but turns out
there are two or more who fit description
37. How may an intrinsic and extrinsic
ambiguity be cured?
 By examining the will
 By examining the extrinsic evidence such as
written declarations of testator
The law allows to get intention from:
 Words of the will
 Circumstances under which the will was
made
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.
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WILLS & SUCCESSION 5
Technical words in a will are to be taken in their
technical sense, unless the context clearly
indicates a contrary intention, or unless it
satisfactorily appears that the will was drawn
solely by the testator, and that he was
unacquainted with such technical sense.
38. What are the rules for interpretation of
words?
Ordinary words have their ordinary meanings
XPN:Clear intention, another meaning was
used
RSN:Supreme law for interpretation is
Intention
Technical words have technical meaning
XPN: Contrary Intention
Drafted by testator alone didnt know
technical meaning
Article 791. The words of a will are to receive an
interpretation which will give to every expression
some effect, rather than one which will render
any of the expressions 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 contained in a will does not result in
the invalidity of the other dispositions, unless it
is to be presumed that the testator would not have
made such other dispositions if the first invalid
disposition had not been made.
39. What are the effects of an invalid
dispositions?
If one is invalid it doesnt follow that all
others are
Occurs when the various dispositions are
indivisible in intent or nature
GR: It doesnt follow that all others are
invalid
XPN: Presumed testator wouldnt have the
other dispositions if the first invalid
disposition had not been made
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CHEE NOTES FSUU-COLLEGE OF LAW
Article 793. Property acquired after the making
of a 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 his intention. (n)
40. What is the rule respecting after-acquired
properties?
GR:What are given are properties possessed and
owned by the testator at the time the will was
made not those acquired after.
XPN:
Expressly appears it was intention to give
Will is republished or modified
Erroneously thought he owned certain
properties at the time he made the will and
acquires it after
Legacies of credit or remission.
Article 794. Every devise or legacy shall cover
all the interest which the testator could device or
bequeath in the property disposed of, unless it
clearly appears from the will that he intended to
convey a less interest. (n)
41. What interest may be disposed of?
GR: The entire interest of the testator in the
property is given-not more or less
XPN:
Can convey lesser if intent clearly appears in
the will
Can convey greater interest through purchase
by the testator or his executor of the extra interest
or by giving its equivalent value to the legatee or
devisee
Can convey property knowing it doesnt not
belonging to him provided it also doesnt belong
to the legatee or deviesee.
ART795.
42. What are the kinds of validity with respect
to wills?
 Extrinsic Validity- forms and solemnities
needed
 Intrinsic Validity-legality of provisions in
instrument, contract or will
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WILLS & SUCCESSION 6
43. What are the general rules on extrinsic and
intrinsic validity?
Extrinsic
 Viewpoint of Time-observed, the law in force
at the time the will is made
 VP of Place- depends
 Filipino-observe phil. Laws, or in
country he may be or in the country
where he executes will
 Alien- if abroad, follow law of his
domicile or his nationality or Phil laws
 Alien in Philippines- nationality or Phil
laws
Intrinsic
 VP of time- successional rights are governed
by the law in force at the time of
DECEDENTS DEATH
 VP of Place- national law of the decedent or
the law of his nationality regardless of the
place of execution or death
BAR QUESTION:
44. Provide an illustration of Art. 795
Case of
Vda. de Enriquez, et. Al vs. Miguel Abadia,
et.al
Executed a Hollographic will time not allowed
1952, allowed ground of NCC
Held: Not allowed, Art.795 extrinsic validity of a
will should be judged at the time of the execution
of instrument. This is because, although the will
becomes operative after death, still his wishes are
given expression at the time of execution
45. What are the two kinds of Recognition?
 Compulsory
 Voluntary
Subsection 2- TESTAMENTARY CAPACITY
AND INTENT
BAR QUESTION ON TESTAMENTARY
CAPACITY
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46. Distinguish testamentary power from  Insane delusions- belief in things which no
testamentary capacity rational mind would believe to exist
3 viewpoints  Drunkness if this results in failure to know
1 the nature of the testamentary act
P-Statutory right to dispose property by acts  Idiocy- congenital intellectual deficiency
effective mortis causa  A comatose stage, resulting from
C-NCC right to make a will provided by law, hypertension and cerebral thrombosis,
least 18yrs old and sound mind at the time of preventing testator from talking or
execution of the will (knows nature of understanding
estate,proper objects of his bounty and character  State of delirium
of testamentary act)
2 ART800.
C- 2 kinds 50. What is the rule on soundness of mind?
Active Testamentary Capacity- capacity to GR: Sanity
make will or codicil/referred as P XPN: Insanity
Passive TC- capacity to receive by virtue of a He who alleges must prove the same
will
Or Referred as C 51. What are the two instances when the
3 testator is presumed insane?
C- ability of one to make a will One month or less before making the will
P-privilege granted by law to someone to make a was publicly known to be insane (he who
will maintains the wills validity must prove that the
ART796. will was made during a lucid interval)
47. Who can make wills? Made the will after he had been judicially
 Capacity declared insane, and before such judicial order
 18years old had been set aside
 Sound mind at the time of execution of the
will 52. What are the instances where no
 Natural Person presumption of insanity arises?
 Convict under Civil interdiction mortis causa  Mere delirium since it is temporary
ART799.  Intoxication since its temporary
48. What are the requisites for soundness  Insanity of parents and children of testator
of mind?
Testator knows ART801.
 Nature of the estate 53. What is the rule on supervening of
 Proper objects of his bounty incapacity or capacity?
 Character of the testamentary act I- doesnt invalidate an effective will
C- a will of an incapable validated by the SC
49. How is unsoundness of mind
manifested?
 Religious delusion resulting in unsettling of ART803.
judgment. 54. What wife can dispose of in her will?
 Blind extraordinary belief in spirits while  All of her Separate property
executing a will.  Her share of the conjugal partnership or
 Monomia (insanity on a single subject) if absolute community
subject of the will

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CHEE NOTES FSUU-COLLEGE OF LAW
SUBSECTION 3- FORMS OF WILLS
55. What are the kind of will that is
allowed under the NCC?
 Ordinary or notarial will- requires attestation
and acknowledgment before a notary public
 Holograph or holographic will- written
entirely no attestation or acknowledgment is
needed.
ART805.
56. What are the requirements for a
notarial or ordinary will to be valid?
Aside from the fundamental requirements (at least
18 years of sound mind):
 WRITING
 Executed in a Language known to the testator
 Will must be SUBSCRIBED (signed) at the
END
 by himself or
 by the testator’s name written by another
person
 in his presence and
by his express direction
 Attested and subscribed by 3 or more
credible witnesses in the presence of testator
and of one another
 Testator or person requested to write name
and instrumental witnesses shall sign each
and every page except last on left margin.
 All pages shall be numbered correlatively in
letters placed on the upper part of each
page
 Attestation shall provide the\
 number of pages used
 Testator signed on every page in the
presence of instrumental witnesses
 Instrumental witnesses witnessed and
signed all pages in the presence of testator
of one another
 require it to be dated.
57. What is the purpose of an attestation
clause?
 To preserve in permanent form a record of
the facts
 To render available proof that there has
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WILLS & SUCCESSION 8
been compliance with statutory requisites
 Incidentally, to minimize the commission
of fraud or undue influence
BAR QUESTION
58. Suppose the attestation clause of a
notarial will fails to state that the testator
signed the will in the presence of the witnesses
will the will be considered valid or void?
Will is Void. Unless in some other part of the will,
such statement is made. In no case should the
evidence aliunde be allowed to prove this.This is
because Art. 809 refers only to defects and
imperfections in the form of attestation or in the
language used therein.
59. What is the difference between
attestation and subscription?
A-act of the senses
S-act of the hand
A- provides strong legal guarantee for due
execution of a will and insures the authenticity of
the same
60. How are the defects in attestation
clause be cured?
 Text of the will
 Consideration of matters apparent which
would provide data not expressed in the
attestation clause
61. What are the rules on the formalities of
notarial wills?
Not necessary
 Will to be read to the witnesses or that they
know the contents. What they acknowledge is
NOT the will but the attestation clause.
 Be dated. Even if erroneous the date will not
defeat a notarial will since the law doesnt
 State the place where the will is being made
or executed.
 To state in the attestation clause that the
person delegated by the testator to sign in his
behalf did so in the Presence of the testator.
Failure to affix a documentary stamp on a will is
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CHEE NOTES FSUU-COLLEGE OF LAW
not a fatal defect.
62. What are the essential requirements
for notarial will other than those mentioned in
Art. 804 and Art. 805?
Art.806 Acknowledgment before notary
public
Art.807 and 808 special cases- when the
testator is deaf, mute or blind
Bar Question
63. What are the essential requisites for
notarial wills?
Art. 804-809
ART.806
64. What is an acknowledgement?
Act of one who has executed a deed in going
before some competent officer or court and
declaring it to be his act or deed.
65. What is a jurat?
Part of an affidavit; notary certifies that
before him, the document was subscribed and
sworn by the executor.
66. What is the extent of the intervention of the
Notary Public?
Doesn't have to be present at the execution of the
will, his presence is required for the
acknowledgment
Not required to read the will or know the contents
of the will unless the testator allows him to do so.
(it is he before whom it is acknowledged)
XPN:Blind Testator
A notarial will is not a public instrument
Presence testator and instrumental witness
required only on attestation not acknowledgment
ART807
67. What are the rules when testator is deaf or
a deaf-mute?
 Read the will if able to do so
 Illiterate- designate two persons
communicate contents
 2 persons need not to to be attesting
witnesses
 When complied; must be proved in probate
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proceedings
 Need not to be stated in the attestation
ART808.
68. What are the rules if the testator is blind?
Will shall be read to him twice
Once by one of the subscribing witnesses
Once by the notary public
69. If the testator is a deaf mute and blind,
may he still make a will?
GR: No
XPN: in some way the contents may properly be
communicated to him in accordance with the
legal requirements
ART809.
70. What is the effect of substantial
compliance?
Absence of Bad faith, Forgery or Fraud or undue
influence
Defects and imperfections FORM of
attestation
Or in the LANGUAGE used shall not render
the will invalid if PROVED that the will was
executed and attested in substantial compliance
with the requirements of Article 805.
71. What is the purpose of the rule on
substantial compliance?
Attain the main objective of the NCC in the
liberalization of the manner of the executing will
72. What is the effect of failure of the
attestation clause to state the number of pages
on which the will was written?
Fatal flaw. To safeguard possible interpolation or
omission of pages
ART810.
73. What is a holographic will?
Entirely written, dated and signed by the hand of
the testator
74. What are the advantages of a holographic
will?
Easier to
 Make
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CHEE NOTES FSUU-COLLEGE OF LAW WILLS & SUCCESSION 10

 Revise  Cancellation
 Keep Secret  Erasure
75. What are the disadvantages of a  Alteration
holographic will? May be made in or out of the Philippines
Easier to May be made by a blind testator as long as
 Forge by expert falsifiers  Literate
 Misunderstand since the testator may  At least 18
have been faulty in expressing his last  Sound mind
wishes Mechanical act of drafting may be left to
 No guaranty that there was no fraud, force, someone other than testator as long as
intimidation, undue influence and no  Testator himself copies the draft
guaranty regarding testator’s soundness of  Own handwriting
mind  Dates it
 Signs it
76. What are the Formalities for a Holographic 78. Why should holographic wills be construed
Will? more liberally than the ones drawn by an
 Language known to testator expert?
 Entirely written in the hand otherwise null Usually prepared by one who is not learned
and void in the law
 Dated otherwise null and void Fundamental principle; intent or will of
 Signed by testator himself; full name not testator expressed in form and within limit
required prescribed by law is recognized as the supreme
 signature; appear at the end of the will; law in succession.
additional dispositions can be written
below his signature 79. What is the function of a probate court?
 Animus Testandi (intent to leave a will is Settle and liquidate estates of deceased persons
clear) either
 Executed at the time holographic wills are Summarily or
allowed time of death being immaterial Process of administration

BAR QUESTION ART811.

Vda. De Enriquez et.al vs. Abadia 80. What is probate?
Art 795. Extrinsic validity of a will should be Allowance of a will by the court after its due
judged at the time of the execution of the execution has been proved
instrument. 81. What is the effect if the probate is
The holographic will must be executed at the time contested or uncontested?
the holographic wills are allowed, time of death U- At least 1 identifying witness to avoid fraud. If
being immaterial. no witness, experts may be resorted to
C-at least 3 identifying witnesses; none-experts
77. What are the other feature of a holographic resort; if witnesses unconvincing-handwriting
will? experts
Doesnt require: 82. What is the effect if the holographic will is
 Witnesses lost or destroyed?
 Marginal Signatures If W/o intent to revoke; no other copy
 Acknowledgment available
Authenticate by full signature when CAN NEVER BE PROBATED
 Insertion

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CHEE NOTES FSUU-COLLEGE OF LAW
Bec. The best and only evidence is
HANDWRITING of testator.
XPN: Phostatic copy allowed bec there can
be COMPARISON.
ART813.
83. What are the rules for curing defects?
If last disposition SIGNED AND DATED
 Preceding dispositions SIGNED but not
DATED are validated
 Preceding dispositions NOT SIGNED but
DATE-void
 Preceding dispositions NOT SIGNED NOT
DATED-void UNLESS written on
SAME DATE and occasion as latter
disposition
 If latter disposition was done by ANOTHER
w/o testators consent, not affect previous
dispositions which remain void if in
themselves void or valid.
 If latter disposition is done by another with
testator’s CONSENT same effects because
the latter disposition is not really
HOLOGRAPHIC
ART814.
84. Suppose there is an alteration without the
full signature, is the whole will void?
No, only the alteration is VOID
However if DATE was altered or the
SIGNATURE, alteration without the full
signature makes the will VOID
ART815.
85. If a filipino is in a foreign country, in what
form can he make a will?
He can make a will in accordance with the
forms of the Philippines or of the country he may
be. Such will may be probated in the philippines.
Xpn: cannot execute a joint will even if
valid there.
BAR QUESTION
86. A Filipino citizen residing temporarily in
US executed a will in accordance with the law
of the state. Assuming the testator returns to
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the Philippines and dies without modifying or
executing a new will in accordance with the
Philippine laws, how shall his estate be dealt
with, testate or intestate? Explain your
answers mentioning the pertinent legal
provisions and authorities.
TESTATE. ART.815- Allowed make will in any
form allowed in the foreign state where he may
be. The will executed in US may be probated in
Phil.
 Intrinsic validity of provisions of the will
 Amount of successional rights
 Order of succession
 Governed by national law
87. If a will is probated abroad, does it have to
be probated again in the Philippines?
No. Needed is a Proceeding here to prove that it
has already been probated abroad
ART816.
88. What are the formalities (extrinsic validity)
for wills executed by aliens abroad?
 Place of residence or domicile
 His own country or nationality
 The Philippines
 The Law of the place of execution/
ART817.
89. What are the formalities for wills executed
by aliens in the Philippines?
 Lex nationalii- Nationality
 Lex loci celebrationis-Philippines
ART818.
90. What are joint wills?
Contain in one instrument the will of two or more
persons jointly signed by them. -Void
91. What are reciprocal or mutual wills?
Provide that the survivor of the testators will
succeed to all or some of the properties of the
decedent.-
Valid if made on separate instruments
If made in one instrument-void;WHY?joint
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CHEE NOTES FSUU-COLLEGE OF LAW
92. A joint will was erroneously probated by
the RTC. There being no appeal, the
judgement became final. Can the joint will be
given effect?
Yes. The judgment had already become final. This
is merely an error in law not an error in
jurisdiction.
93. What wills that are not joint?
 Made on a single sheet;first on front;second
reverse side; (R:Two wills)
 Made same page with or w/o a dividing line
but neither combining the signature of BOTH
together
(R:Two wills; INDEPENDENT of each
other)
ART819.
94. What is the effect of joint wills executed
abroad?
Not valid in the Philippines even authorized
by the laws of the country where they were
executed.
(R: Expression of Public Policy)
95. What is the effect of joint wills executed by
foreigners?
If executed
 Abroad and valid according to ART.816
(Formalities)- VALID
 Philippines and considered void; although
allowed in ART. 817; ART818. PREVAIL R:
Expression of Public Policy
SUBSECTION 4-WITNESSES TO WILLS
ART820.
96. What are the qualifications for witnesses to
notarial wills?
 Sound mind
 At least 18
 Able to Read & Write
 Not blind,deaf,or dumb
 Domiciled in the Philippines
 Not convicted by final judgment of
falsification or a document; PERJURY; or
FALSE TESTIMONY
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97. Is it essential for the witness to be able to
speak and write the very language in which the
will was written?
NO. Witness doesnt need to know the contents of
the will. Even in attestation; sufficient it be
interpreted
ART 821.
98. Who are disqualified from being a witness
to a will?
Not domiciled in the Philippines
Convicted of falsification of a document,
perjury or false testimony
99. What are the two reasons for the
requirement of Philippine domicile?
Assurance; witness be available; time will
presented for probate
Likeliness of personal acquaintance with
testator; hence, greater credibility
100. Can a convict who was pardoned act as a
witness?
If given because of
 Man’s innocence, he CAN
 Act of Executive grace or clemency,
CANNOT
 For even an absolute pardon doesnt remove
civil consequences.
ART823.
101. What is the rule when a witness is given
an inheritance in the will?
GR: Witness is incapacitated to inherit but not
incapacitated as witness. Only the part
appertaining to him is VOID.
XPN: If there are more than 3 witnesses
Compulsory heir; entitled to legitime
R: easy way to disinherit w/o justifiable
cause
102. Where does the disqualification of a
witness to inherit extends to?
 Witness
 Spouse of W
 Parent of W
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 Child of W XPNtoXPN: even not every page signed still

 Anyone claiming the right of said WSPC there must be signature on at least several pages
ex. Creditor of W for purpose of identifying same as the documents
really referred to
ART824.
103. What is the rule on creditors as witnesses
Creditor who acts as witness 107. Where can incorporation be applied?
 Disqualified to inherit GR: Only in notarial wills
 Qualified to receive his credit XPN:Holographic will
(creditors allowed to witness to testator’s Has atleast 3credible and qualified
will) witnesses
W/o witnesses refers to a document
entirely written, dated,signed in the
SUBSECTION 5- CODICILS AND handwriting of testator
INCORPORATION BY REFERENCE
ART825. SUBSECTION 6- REVOCATION OF WILLS
104. What is a codicil? AND TESTAMENTARY DISPOSITIONS
 Supplement or addition to a will
 Made after execution of a will ART828.
 Annexed to be taken as part 108. When may a will be revoked?
 Disposition in original; Anytime before death
Explained,added or altered. Waiver or restriction not allowed

ART826. ART829.
105. What are the formalities of codicils? 109. What are the conflict rules for revocation
In the case of wills there can be of wills?
 Notarial or ordinary codicils Revocation outside the PHIL
 Holographic codicils Not domiciled in the Phil
If not executed with formalities of a will- VOID  Follow law;place made or
Valid will can never be revoked expressly or  Follow law;place testator DOMICILED
impliedly, by an invalid codicil at the time
If domiciled in the Phil
ART827.  Law Phil
106. What are the requisites for validity of  General rule of lex loci celebrationis of
documents incorporated by reference? the REVOCATION
 Doc referred;Existence at the time of If revocation is IN the Phil-
execution of the will Follow Phil Law
 Will;clearly describe and identify locations,
general appearance; stating number of pages ART830.
 Identified by a clear and satisfactory proof as 110. What are the local or domestic ways of
the document referred to (parol evidence or revocation?
evidence aliunde needed) Implication or operation of law (total or
 Signed by testator and witnesses on each and partial)
every page except in cases of voluminous By virtue of an overt act
books  Burning
XPN:all pages were signed  Tearing

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CHEE NOTES FSUU-COLLEGE OF LAW
 Cancelling
 Obliterating the will
By virtue of a revoking will or codicil
 Total or partial
 Express or Implied
111. What is revocation by implication of law?
 Produced by operation of law
 Certain acts or events take place after
 a will has been made
 Rendering void or useless
 Either whole or certain testamentary
dispositions
1112. What is the reason for allowing
revocation by implication of law?
Changes family or domestic relations or
Status of his property
113. Suppose the testator never intended to
change his mind, should there still be
revocation by implication of law?
Yes.what testator should do in this case is
Manifest unchanged mind by executing a
new will or codicil
Where the revocation;presumed by law;
evidence not admissible to rebut presumption
114. What are the requisites for revocation by
an overt act?
 Overt act specified by law
 Completion of subjective phase of the overt
act
 Animus revocandi (intent to revoke)
 Capacitated to make a will at the time of
revoking
Done by testator himself or another
 In his presence
 His express direction
115. What is the rule on overt act of Burning?
Suffice;small part burned
Thrown into fire;intent;w/o scorching;theres
revocation; even unknown to testator
Accidentally burned;no revocation;lack intent
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Envelope containing will burned but not will;
no revocation; theres intent but no overt act
There must be an OVERT ACT & INTENT
116. What is the rule on over act of tearing?
 Slight tear; sufficient
 The greater the degree of tearing; greater
evidence of animo revocandi
 Includes cutting but not crumpling;not overt
act
 Tearing even the signature alone suffice;
signature heart of the will
117. What is the difference between
obliteration and cancelling?
O-renders word illegible
C-drawing lines across a text but words remain
legible
118. What proof is needed when a notarial will
has been lost or destroyed without intent to
revoke?
 Oral or parol evidence
 Carbon copies- just as good as the original
Photostatic or xerox copy
ART832.
119. What is the effect on revocation if new will
is inoperative?
It shall take effect even inoperative
Invalid revoking will-cannot be revoked
A valid though ineffective will can be revoked
ART834.
120. What is the effect of revocation on the
recognition of an illegitimate child?
Recognition doesnt lose its legal effect even
will revoked
121. How is voluntary recognition of an
illegitimate child be done?
Record of birth
Will
Statement before a court of record
Authentic writing
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122. What is the reason for making recognition

remain as valid even if the will which
recognition has been made was revoked?
GR: Recognition is irrevocable
Not a testamentary disposition
Doesn't wait for testator’s death to be
effective
XPN: Vitiated consent

SUBSECTION 7. REPUBLICATION AND

REVIVAL OF WILLS

ART835.
123. What is republication?
Process of re-establishing a will
Which has become useless
Because it was void
Or had been revoked

124. How is republication made?

Re-execution of original will (Original
provisions are copied)
Execution of a codicil (implied republication)

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