B4 TS- 4. Applicable Law as to Form and Substance of a Will

Question 1

Extrinsic Validity
- the forms and solemnities required by law

As to time

Answer 1

For Filipinos and
Foreigners:
The law in force at the
time of the making of
the will. (Art. 795)

For Foreigners:
The assumption is that
the will is being
probated in the
Philippines.

Question 2

Extrinsic Validity

As to place

Answer 2

a. Filipino Testator (Art. 815 and Art. 17, NCC)
1) Philippine Law
2) The law of the country where it is executed

b. Alien Testator

1) Executed abroad (Art. 17 and 816, NCC)

a) The law of the place where it is executed
b) The law of the place which he resides
c) The law according to the formalities observed in his country
d) Philippine Law

2) Executed in the Philippines (Art. 817, NCC)

a) Philippine Law
b) The law of the country of which he is a citizen or subject

Question 3

Rules on Intrinsic Validity of Will

Answer 3

1. Successional rights are governed by the law in force at the TIME OF THE DECEDENT’S DEATH (Art. 2263, NCC);
2. Laws that must be observed in relation to intrinsic validity under Philippine Law:

a. National law of the decedent; law of his country or nationality; regardless of the place of execution and the place of death (Art. 16 [2], NCC);

b. RENVOI DOCTRINE: referring back to the forum of the problem.

Where the conflict rules under the decedent’s national law refers the matter to the law of the domicile.

A holographic will is subject to no other form, and may be made in or out of the Philippines. (Art. 810, NCC)

Question 4

Aspects of a Will Governed by the National Law of the Decedent

Answer 4

1. Order of succession;
2. Amount of successional rights;
3. Intrinsic validity of testamentary dispositions; and
4. Capacity of the heir to succeed from decedent. (Art. 16 (2), NCC)