Succession- is am mode of acquisition by virtue of which property, rights and obligations to the extent of the value of the inheritance,

of a person are transmitted though his death to another or others either by his will or operation of law.( Art. 774) Elements: 1. mode of acquisition 2. transfer of property, rights and obligation to the extent of value of the inheritance of a person 3. transmission through death 4. by will or by operation of law Decedent- general term for person whose property is transmitted through succession. (Art. 776) Testator- if he left a will Intestate if he left no will

Art. 777 The rights to the succession are transmitted from the moment of death of the decedent. Condition for the transmission of successional rights 1. there has been death 2. right to properties are transmissible 3. that the transferee is still alive, willing, is capacitated to inherit. 2 Kinds Presumed Death 1. Ordinary absenceDisappeared for 10 years Disappeared for 5 years if after the age of 75 yrs old 2. Extraordinary presumptiona. A person on board a vessel lost during sea voyage,or an airplane which is missing and has not been heard for 4 yrs since the lost b. A person in armed forces who has taken part in war, and has been missing for 4 yrs c. A person who has been in danger of death under other circumstances and his existence has not been known for 4 years. Art. 778 Succession maybe: 1. testamentary 2. legal or intestate 3. mixed Art. 779 Testamentary succession is that which results from the designation of an heir, made a will executed in the form prescribed by law.

1. notarial Testamentary are made through will or codicil 2. holographic Art. 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. Art. 782 The heir is a person called to succession either by provision will or operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. Devisees- inherited real property Legatees- inherited personal property TESTAMENTARY SUCCESSION Will- is an act whereby a person is permitted, with formalities prescribed by law. To control to a certain degress the disposition of his estate, to take effect after his death.(Art. 783) Essential Elements & Characteristic of a will 1. A statutory right 2. a unilateral act 3. a solemn or formal act 4. there must be animus testandi 5. testator must be capacitated to make a will 6. strictly a personal act in all matters that are essential 7. effective mortis causa 8. essentially revocable or ambulatory. 9. free from vitiated consent 10. it is individual act 11. it disposes of the testators estate in accordance with his wishes Art 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. Art. 785 The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portion which are to take, when referred to by name cannot be left to the discretion of a third person.

Art. 786 The testator may entrust to a third person the distribution of specific property or sum 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 of money are to be given or applied. Art 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. Art. 788 If a testamentary disposition admits of different interpretation, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. Kinds of Ambiguity 1. Latent or intrinsic ambiguity- that which does not appear on the face of the will, and discovered only by extrinsic evidence. 2. Patent or extrinsic ambiguity that which appears at the face of the will itself How may this be cured? 1. by examining the will itself 2. by examining the extrinsic evidence such as written declaration , excluding oral declaration of the testator as to his intention. Art. 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 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 draw solely by the estator, and he was unacquainted with such technical sense. Art 791 The word of a will are to be 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 that is to be preferred which will prevent intestacy. Art. 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 has not been made. Art 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.

Art. 794 Every devisee or legacy shall convey all the interest which the testator could devise or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. Art 795 The validity of the will as to its form depends upon the observance of the law in force at the time it is made. 2 Kinds of validity 1. Extrinsic Validity- refers to the forms and solemnity needed 2. Intrinsic validity- refers to the legality of the provisions in an instrument, contract or will. General Rules on Validity Extrinsic Validitya. from Viewpoint of time- Art 895 b. from viewpoint of place- Filipino country where he execute the will loci celebrationis or locus regit actum. c. if the testator is alien who is abroad law of his domicile or his nationality or where he execute his will. d. if the testator is an alien in the phil. law of his nationality or Phil law

Intrinsic Validitya. from viewpoint of time- successional rights are governed by the law enforce at the time of the decedents death. b. From the viewpoint of the place or country- the national law of the decedent, that is, the law of his country or nationality. TESTAMENTARY CAPACITY AND INTENT Testamentary power- the statutory right to dispose of property by acts effective mortis causa. /the ability of one to make a will Testamentary capacity- a right to make a will provided certain conditions are complied with/privilege granted by the law to someone to make a will. Art. 796 All persons who are not expressly prohibited by law may make a will. Who can make a wills: a. CAPACITY b. 2 gen. qualification a. 18 yrs or over b. Soundness of mind at the time the will is made

c. d. e. f.

A convict under civil interdiction Spendthrifts or prodigals Natural persons Capacity to make a will

Art. 797 Persons of either sex under 18 of age cannot make a will. Art. 798 In order to make a will it is essential that the testator be of sound mind at the time of its execution. Art.799 To be of sound mind, it is not necessary that the testator to be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. It is sufficient if the testator was able at the time of making the will to know the: N-Nature of the estate to be disposed of B- The proper objects of his bounty C- The character of the testamentary act Art 800 The law presumes that every person is of sound mind in the absence of proof to the contrary. The burden of proof that the testator was not of sound mind at the time of making his dispositions is 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 maintains the validity of the will must prove that the testator made it during a lucid interval. Art 801 Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. Art 802 A married woman may make a will without the consent of her husband, and without the authority of the court. Art. 803 A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. FORMS OF WILLS Kinds of Will 1. ordinary or notarial will- requires, among other things, an attestation clause, and acknowledgement before a notary public. 2. holograph or holographic will- written entirely, from the date to signature, in the handwriting of the testator.

Art. 804 Every will must be in writing and executed in language known to the testator. Attestation a. act of senses b. mental act c. proof of due execution of will Subscription a. act of hand b. mechanical c. identification

Art. 805 Every will, other than the holographic will must be: 1. Subscribed at the end thereof by the testator himself or by the testators name written by some other person in his presence, by his express direction 2. attested and subscribed by 3 or more credible witnesses in the presence of the testator and of one another. 3. the testator or the person requested by him to write his name, and the instrumental witnesses of the will shall sign each and every page thereof except the last, on the left margin. 4. All the pages shall be numbered correlatively in letter placed on the upper part of each page. 5. The attestation shall provide : a. The number of pages used-upon which the will is written; b. That the testator signed ( or expressly caused another to sign) the will and every pages thereof in the presence of the testator and of one another. Attestation clause- an act of witnesses hence, it need not contain the signature of the testator. Purpose of attestation clause: 1. to preserve in permanent form a record of the facts 2. to render available proof that there has been compliance with statutory requisites for the execution of the will. 3. to minimize the commission of fraud and undue influence. Art. 809 refers only to the defects and imperfections in the form of attestation or in the language used therein. Art. 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. Acknowledgment- the 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.

Art 807 If the testator be deaf, or deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read and communicate to him, in some practicable manner, the content thereof. Art 808 If the testator is blind, the will shall be read to him twice; once, by the subscribing witnesses, and again, by the notary public before whom the will is acknowledged. Doctrine of liberal interpretation Art 809 In the absence of bad faith, forgery or fraud or undue and improper pressure and influence, defects and imperfection in form of attestation or 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 Art. 805. Substantial compliance- as long as the purpose sought by the attestation clause is obtained, the same shall be considered valid. Holographic will Art.810 A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in and out of the Philippines, and need be witnessed. Formalities of holographic will 1. The language must be known to the testator. 2. the will must be entirely written in the hand of the testator himself. 3. the will must be dated. Art. 811 In the probate of a holographic will, it is necessary: 1. one witness who knows the handwriting & signature of the testator 2. if contested , at least 3 witness 3. in the absence of witness-expert testimony may be resorted to by the court. Probate- allowance of a will by the court after due execution has been proven. Art 812 In holographic will, the disposition of the testator written below his signature must be dated & signed by him in order to make them valid as testamentary disposition. Art. 813 When a number of disposition appearing in a holographic will are signed without being dated, and last disposition has signature and date, such date validate the disposition preceding it, whatever the time of prior disposition. Art. 814 In case of insertion, cancellation, erasure or alteration in holographic will, the testator must authenticate the same by his full signature.

Art. 815 When a Filipino is in foreign country, he is authorized to make a will in any forms established by the law in the country in which he may be. Such will may be probated in phil. Art. 816 The will of an alien who is abroad produces effect in the Phil. If made within the formalities prescribed by the law of the place which he resides according to the formalities observed in his country in conformity of those which this code prescribed. Art. 817 A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject and might be proved and allowed by the law of his country shall be the same effect as if executed according to the law of the phil. Art. 818 Two or more person cannot make a joint will within the same instrument, either for their reciprocal benefits or for the benefits of 3rd person. Art. 819 Will prohibited by the proceeding article executed by foreign country shall not be valid in the Phil even though authorized by the law where they may have been executed. WITNESSES TO WILLS Qualification for witnesses to notarial wills (Art. 820 & 821) 1. be of sound mind 2. at least 18 yrs 3. able to read & write 4. not blind, deaf, or dumb 5. be domiciled in phil 6. not have been convicted of Falcification of a document, perury, false testimony Art. 822 If the witness attesting the execution of a will are competent at the time of attesting, their becoming subsequent incompetent shall not prevent the allowance of the will. Art. 823 If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such persons, or spouse, or parent or child of such person or any claiming under such person or spouse, or parent, or 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.