Succession

1. Primary of the will of descedent

2. Testasy is preferred over intestate succession
3. Theories: Succession is extension of right of
ownership ; succession is based on the right of the
family (Basis: Family coownership) ;
4. Succession mode of acquisition by virtue of
which the property rights, and transmissible
obligation to the extent to the valid inheritance
are transmited .
5. Article 774 : Mode of acquisition ; separate
distinct mode of acquiring ownership
6. Succession is sufficient to transfer and covey
ownership to a person kasi mode sya
7. There is a transmission thru his death. Testate or
intestate? Dapat may death!!
8. What is death? When is he dead? A person is
considered dead whwn there is a total permanent
irreversible cessasion of bodily functions. Law : no
tempo death. Death is the most permanent thing
under the law. If a person is rushed to hospital
7am. Massive heart attack. Pag sabi ng doctor :
Dead na. After that, doctor signed certificate then
taken home ng relatives ang dead person. Nasa
wake na. 11am : nabuhay. Was there succession?
NO. Walang temporary death. Either dead or not
lang.
9. In succession, there are so called subjective
elements and objective elements
10.
Subjective elements : person who died , and
those who succeed him
11.
Objective element : inheritance
12.
Remember
the
MOST
IMPORTANT
PROVISION : Article 777
13.
The rights to the succession are transmitte
from the moment of death of the descedent.

14.
If a person dies at 7am from that very
moment : successional rights are already
transmitted. Kahit mainit pa yung kamamatay na
tao. It is from that moment when there is
transmission of rights.
15.
Lorenzo vs posadas : a prson died, in the will
in which he left. I give all my properties to my
nephew. Pero makukuha niya after 0years ng
pagkamatay niya. In determining as taxes due.
Ano basis? Value ng properties at the end of
10year period or upon death. VALUE AT THE TIME
OF DEATH. Because it is that moment when there
is transmission of successional rights.
16.
Locsin vs CA : during lifetime of descedent,
all properties are disposed of, nung nanmatay onti
na lang natira. Nephews and nieces are only
allowed kung ano natira nung pagkamatay.
17.
If the survivors, compulsory heirs entitles to
legitimes : Ibang story ito. Kaylangan may process
of collation. Gratutitous dispsotition is concerned.
18.
Transmission of rights occurs upon death.
19.
Di important Makita mong lying and dead
person.
20.
Sometimes may succession sa presumptive
death
21.
Situations when person is presumed dead
for purposes of succession: Ordinary absence;
extraordinary absence
22.
Ordinary absence : 10 years wala,
succession na!
23.
Extraordinary absence : involves situations
when a person disapeears when there is great
danger or risk of death.
a. Those on board, plane, ships na nawala,
naing absent for 4 years. Those nakuha ng
war.
b. Mine : nagkaron ng cave in di na Makita

24.
When is death deemed to have occurred?
Ordinary absence : at the end of period.
Extraordianry absence : at the stop
25.
You have to wait for the period to expire
before presumption would arise.
26.
Testate : may will
27.
Intestae : walang will
28.
Mixed : partly by will tapos half by operation
of law
29.
Under certain provs on civil code: They are
treated differently. There are certain provisions. Is
he an heir or devisee?
30.
Ommission of compulsory to direct line will
result to the annulment of institution of heir.
31.
if you happen to be a devisee : meron ka pa
din makukuha
32.
Let us assume : Mr X has one legitimate
child. He dis with a will. Two provs only sa will. 1. I
give my friend F 10,000 pesos. 2. I give the rest of
my estate to my friend G.
a. X dies. Leaving total hereditary estate
120,000 pesos.
b. With that will, that the child ay walang
inheritance.
c. How do we distribute?
d. Article 854 kasi may peretition :
e. In the case of Mr f. F is a legatee. Legacy is
respected. If not inofficious. Out of 120k,
60k sakanya. The other half : Free portion ,
60,000. Legacy of device inooficious if
exceeds free portion. To whom will this
50000 go? It should go to S. Under 854 onc
there is peterition may annulment of
institution of S.
33.
I give my x (heir) half of my estate.
34.
A person is a devisee if given a determinate
item of property : house and lot in QC.

35.
What ar after acquired properties? Property
after acquired aftr execution of the will and before
death of testator.
36.
General rule : They do not go tot
testamentary heir
37.
Exception : if kita sa will ay bigay sa
testemaentary beneficiary
38.
Will of mr x, I give all of my cars. At the time
he made his will, he had 5 cars. How many cars
will mr f acquire. 5 cars
39.
What is a will?
40.
Testamentary
disposition
dapat
yung
magsabi ay yung mamamtay talga.
41.
Dapat hindi dependent sa compliance ng
ibang person
42.
786 : the testator is permitted by the law to
give specific property or sum of money to a class
or a cause.
43.
Patent ambiguity : I give to two of my
brothers my h and olot to qc. Walang name ng
brothers.
44.
Intrinsic evident : nakalagay sa will.
45.
Testasy is preferred over intestasy
46.
Validity of the will as to its form dependets
ssa law it was enforced.
If may subsequent
changes : di pwede sa will. Exception:
Retoractivity ; exception to exception : testator
has died before (upon)
47.
Basic requirements before a person can
make a valid will. At least 18 years of age; Di
pwede may kulang kahit ilang araw lang. must
have celebrated 18th birthday or 18th anniv of her
birth. Must be of sound mind. (codal prov of sound
mind : 799) [testator at the time he makes his will
should know the nature of th estate to be
disposed of, he should know the proper objects,
know the character of th testamentary act] as

long as alam ni testator know this, then he has

testamentary capacity.
48.
Law is even more categorical. Not required
that the mind of testator is undue or impaired.
49.
Testator must now kung ano ano ang
properties niya. Kahit di exact address sa house
and lot. Pwedeng di exact amount sa bank
account. Sufficient na alam ang kanyang
valuables.
50.
Presumption
is
soundness
of
mind.
Disputable and rebuttable presumption
51.
Sometimes presumption is reversed, if
testator one month or less before making of the
will was publicly known to be insane.
PRESUMPTION: NOT OF SOUND MIND, AND HE
WHO ALLEGES OTERHWISE HAVE TH BURDEN OF
PROOF.
52.
Testator must know his bounty. Must know
who are the eprsons closest to him. Who are the
individuals by nature of their close relationship
would have the natural thing to expt something
from him.
53.
If at the time testator makes his will, di niya
na ma recognize ang children, wife , then di na
sya capcitated to make valid will.
54.
Must know the character of testatmentary
act. Dapat last will and testament. Must know the
bases for disctibuting his estate. When he dies..
he should know that it is within his power as
testoater to revoke will aytime in his death.
55.
Supposing that a person, believs n the
existence of unseen beings like dwarfs, elves,. He
even claims to talk to these creature. Incapcitated
ba sya to make a will? NO. mre belief of these
existence will not necessarily render a person
incapacitated to make a will.
56.
There is no max age for making a will.
Merong minimum but no maximum

57.
Even if testator is 110 years old, he can still
make a valid will. He may be suffering host of
diseases, pwede pa din. As long as pasok sa
requirements
58.
The capacity to make a will must be
possessed at the time of execution.
59.
His will is valid ven if subsequently he
becomes incapacitated. If Mr x makes a willa t age
of 22 then after that, unsound mind na sya, but 2
years after exceuting of will, naging insane. And
he died in state of insanity. His will should be
allowed. Fully capacitated to make one.
Converely, testator did not have capacity, his will
remains invalid.
60.
FORMS OF WILLS 804 814 : formalities
prescribed by law. Both notarial and holographic
wills.
61.
804 : we dont have oral wills. All wills must
be in writing.
62.
Holographic will any material can be used.
63.
Di lahat dapat nasa writing. Will must be
executed in a language known to the testator
64.
If the will was written in English but tstatotr
did not know English he knew only Filipino, but
lawyer who drafted the will explained it to the
testator completely. Remains an INVALID WILL
65.
Not necessary for validity of will that the will
itself should contain a statement to that effect
that it is known to the dialect of testator.
66.
If there is a dispute , people opposing will
say : This will is in English, testator di alam
English. Neccesitat presentation of evidence.
Evidence which can come to the outside not
necessarily from the will itself. Petitioner may
present witnesses who will testify
67.
Requirements of valid notarial will : 805

68.
Must be subcscribed at the render thereof
by testator himself or by testators name written
by
69.
Subscription or sigining at the end of the will
is an essential requirement for validity. If the will is
a five page will and testator affixed his signature
in each and every page of the will, on all of the
margins, but he did not sign at the end of the will,
NOT A VALID WILL BECAUSE IT FAILS TO COMPLY
WITH AN ESSENTIAL REQUIREMENT under 805
70.
Where is the end of the will? Nto to the
physical end but to logical end. After the last
testamentary disposition.
71.
Law allows affixing of name by a third
person BUT remember two requirements : must
be done in presence of testator and it must be by
his expressed direction. BOTH REQUISITES MUST
CONCUR OR ELSE IT IS VOID
72.
If testator is Juan Santos, and the person
requested to write his name is Pedro Santiago,
How can pedro Santiago comply? HE SHOULD NOT
FORGET TO KNOW THE NAME TESTATORS NAME.
73.
In signing his will may use his usual
signature. He can also use his initial. By initial, it
means shortened version of our signature.
74.
If testator has a pen name, he can use it.
75.
If he happens to be a movie star, screen
name : pwede!
76.
Can a testator his nickname? Pwede
77.
Can a testator sign his will by his
thumbmark? Pwede
78.
How about mark of his bigtoe? Pwede!
79.
Lips pwede gamitin? Yes! As long as it can
be established as it can be used as a sign or mark
80.
Notarial will must have three or more
credible witnesses. Is it necessary therefore
during probate of will that there must be first
preliminary proof that witnesses are credible

individuals in the sense that they enjoy

highdegree of respectability? NO. when law says
credible
witnesses
meaning
qualified
and
competent witnesses. No need for preliminary
proof of witnesses probibity, honesty and etc.
81.
Can there be more that 1 witnesses? Yes.
Walang problema! But should have not have less
than 3
82.
If only 3 witnesses: NOT VALID WILL
83.
Paragraph 2 of article 805 : testator and
witnesses are required to sign each and every age
aexcept the last on the left margin.
84.
Supposing, they wanted it to be different ,
gusto nila right margin? PWEDE. As long as each
page has the marginal signature of testator and
the three witnesses
85.
Supposing that it is a five page will, it is
perfectly executed except that on page 3 you
dont find the signature of the testator on any of
the margin or you cant find signature of any of the
witnesses, should the will be allowed?
86.
Get these three types of individuals as a
witness : Pari/madre/ pastor these people has
high degree of credibility ; attending physician of
testator if there is question about mental state,
attending physician kaya answer questions;
lawyer para pag may question about due
execution kahit balik baliktarin yan, kaya niya.
87.
Duplicate original was perfect, it was signed
by testatator and witnesses in all palces kung san
apat mag sign . Sabi petitioner : if di ma probate,
probate duplicate original. COURT HELD : we have
examined testimony because both parties
presented evidence. We are not inclined to believe
the assertions that forged and docs. The mere fact
that oppositors alleged fraud and undue influence
in same opposition, simply show how weak
sakanila. THEY CANNOT BOTH EXIST. Either fraud

or undue influence. Undue influence connotes

idea of coercion. He is unable to manifest his own
will. Because overpowered sya ng will of another.
Oppositors are faced with a dilemma.

88.

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