Professional Documents
Culture Documents
College of Law
Course Syllabus for
WILLS AND SUCCESSION
Professor: Judge Wenifredo C. Cuaton
IV. COURSE DESCRIPTION: This course deals with the study of Articles 774 to 1105, Title IV-
Succession, Book III, New Civil Code, which are the legal provisions on testate and intestate succession,
including wills, institution of heirs, computation of legitimes of compulsory heirs, disinheritance, and
partition and distribution of the estate. The course also takes up rules of procedure on the settlement and
administration of the estate of deceased persons.
VI. GENERAL OBJECTIVES: By the end of the semester, the law students shall be able to:
(a) learn the history of Succession; testate and intestate; the theory and context of inheritance in modern
family property law; and, the general nature and characteristics of wills, capacity to make wills, formalities
required for making wills, effect of undue influence, suspicious circumstances, fraud, mistake; and,
(b) understand the general principles of construction, common law and statutory; descriptions of persons
and property; characteristic features of legacies and devises, witnessing a will; and,
(c) make Wills, incorporation by reference, alterations, revocation, revival and republication of wills.
2. Testamentary Succession
A. Wills
C. Holographic Wills
a. Preterition vs. Disposition less than Legitime/Donation Inter Vivos – Arts. 855, 906-918
Q. Disinheritance
3. Legal or Intestate Succession; General Provisions – Arts. 960-1014 1. Relationship – Arts. 963-969
Exams: The three exams will cover lectures, jurisprudences/cases, textbook readings, class
discussions, and homework assignments. The tests may cover topics that may not have been did
discussed in class. The tests will be a combination of multiple choice questions (MCQs), short answer, and
essay questions. The final will be cumulative, with a bit more emphasis on topics coveredin class since the
second test.
Recitation/Class Participation: Students are expected to be ready to discuss the topics of the course
(including the cases), and when called, answer various questions. Class participation is encouraged and
everyone should have the opportunity to share their opinion. Class participation is important to the learning
process, which is why attendance and participation each constitute 20% of the grade. Finally, class
participation should not be a forum to discuss personal legal problems.
Attendance : Roll call shall be made at the beginning of every class as part of the grade. Students
who miss more than 25% of the required class attendance may be dropped from the class. If the students
decide not to take the class, he/she may drop the class him/herself.
X. READINGS/REFERENCES: