B5- Testamentary Capacity

Question 1

Testamentary capacity

Answer 1

a. Testator at least 18 yo
b. Of sound mind
c. not expressly prohibited by law

Question 2

Presumption of Sound mind

Answer 2

To be considered as of sound mind, the testator must have the ability to know:

The nature of the estate to be disposed of (Art. 799, NCC) – the testator must have a fairly accurate knowledge of what he owns. (Rabuya, Civil Law Review Vol. I, 2021, p. 872)

b. The proper objects of his bounty (Art. 799, NCC) – the testator should know under ordinary circumstances, his relatives in the most proximate degrees. (Rabuya, Civil Law Review Vol. I, 2021, p. 872)

c. The character of the testamentary act (Art. 799, NCC) - the testator must be aware that the instrument he is executing is an act mortis causa which will dispose of his property upon his death. (Rabuya, supra, at 872).

Question 3

GR: The law presumes that the testator is of sound mind. (Art. 800, NCC). EXCEPTIONS

Answer 3

XPNs:

a. One month or less before the execution of the will, the testator was publicly known to be insane; and
b. He was under guardianship at the time of making his will. (Art. 800, NCC)

Supervening incapacity does not invalidate an effective will, nor is the will of an incapacitated validated by supervening of capacity. (Art. 801, NCC