SECTION 1

SUBSECTION 8 ALLOWANCE & DISALLOWANCE OF WILLS

ART 838. (Allowance of will)
No will shall pass either real or personal property
Unless it is proved and allowed according to ROC
Testator himself may, during his lifetime
Petition for the allowance of his will
In the court having jurisdiction
The ROC provisions for the allowance of wills after testators
death shall govern
On petition of the testator
SC shall formulate additional ROC as necessary
For the allowance of wills
Allowance of the will is conclusive as to its due execution
Either
a. During the lifetime of the testator, or
b. After his death
Subject to the right of appeal
ART 839. (Disallowance of will)
The will shall be disallowed in any of the ff. cases: (FIFUSM)
1. Formalities required by law are not complied with
2. Testator was insane or mentally incapable of making a will
o At the time of its execution
3. Will was executed through force or under duress, or the
influence of fear or threats (FDFT)
4. Will was procured by undue and improper pressure and
influence, on the part of the beneficiary or some other person
5. Signature of testator was procured by fraud
6. Testator acted by mistake or did not intend that the
instrument he signed should be his will
o At the time of affixing his signature
SECTION 2 SUBSTITUTION OF HEIR
ART 857. (Substitution defined)
Substitution
Is the appointment of another heir
So that he may enter into the inheritance
In default of the heir originally instituted
ART 858.
Substitution of heirs may be: (SBRF)
1. Simple or common
2. Brief of compendious
3. Reciprocal, or
4. Fideicommissary

ART 859. (Simple Substitution)

Testator may designate 1 or more persons
To substitute the heirs instituted, in case such heirs:
1. Should die before the testator
2. Do not wish to accept the inheritance
3. Should be incapacitated to accept the inheritance
A simple substitution, without stating the cases to which it refers
Shall comprise the 3 cases in the preceding paragraph
Unless the testator provides otherwise.
ART 860. (Brief or compendious substitution)
Allowed
1. 2 or more persons may be substituted for 1
2. 1 person may be substituted by 2 or more heirs
ART 861. (Reciprocal substitution)
If heirs instituted in unequal shares should be reciprocally substituted
The substitute shall acquire the share of the heir who
Dies, renounces or is incapacitated
Unless it clearly appears that the intention of the testator was
otherwise
If there are more than 1 substitute
They shall have the same share in the substitution as in the
institution
ART 862.
The substitute shall be subject
To the same charges and conditions imposed on the
instituted heir
Unless
1. Testator expressly provided the contrary, or
2. The charges or conditions are personally applicable only to
the instituted heir