CHAPTER 2 TESTAMENTARY SUCCESSION SECTION 1. - Wills SUBSECTION 1. - Wills in General Flashcards
What is a “will”? [Article 783]
Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death
What is the rule in making a will? [Article 784]
Art. 784. The making of a will is a strictly personal act; it cannot be left in whole or in part of the discretion of a third person, or accomplished through the instrumentality of an agent or attorney.
What does Art. 785 state about the designation of heirs, devisees, or legatees regarding third-party discretion? [Article 785]
Art. 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to take, when referred to by name, cannot be left to the discretion of a third person.
What does Article 786 allow a testator to do regarding the distribution of specific property or sums of money? [Article 786]
Art. 786. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or applied.
What does Article 787 state regarding the conditions under which a testator can make a testamentary disposition? [Article 787]
Art. 787. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative.
What does Article 788 state regarding the interpretation of testamentary dispositions when there is doubt? [Article 788]
Art. 788. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred.
What must be corrected if there is an imperfect description in a will? [Article 789]
When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence
What types of evidence are excluded when determining a testator’s intention?[Article 789]
oral declarations of the testator
When is a mistake or omission in a will eligible for correction? [Article 789]
if the error appears from the context of the will or from extrinsic evidence
How should uncertainties arising from the face of the will be resolved? [Article 789]
the testator’s intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made
What is the default interpretation of the words in a will according to Art. 790? [Article 790]
The words of a will are to be taken in their ordinary and grammatical sense
Under what condition can the words of a will be interpreted in a sense other than their ordinary meaning? [Article 790]
unless a clear intention to use them in another sense can be gathered, and that other can be ascertained.
How should technical words in a will be interpreted? [Article 790]
Technical words in a will are to be taken in their technical sense
What exception allows for a different interpretation of technical words in a will? [Article 790]
unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that he was unacquainted with such technical sense.
According to Art. 791, how should the words of a will be interpreted to ensure every expression has some effect? [Article 791)
The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative
What is the preferred mode of interpreting a will according to Art. 791 in order to prevent intestacy? [Article 791)
of two modes of interpreting a will, that is to be preferred which will prevent intestacy.
What is the primary consequence of the invalidity of one disposition in a will according to Art. 792? [Article 792]
The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions,
Under what condition would the invalidity of one disposition in a will lead to the invalidity of other dispositions? [Artcle 792]
unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made.
What does Art. 793 state about property acquired after the making of a will? [Article 793]
Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will
Under what condition does property acquired after the execution of a will pass to the beneficiaries as if the testator had possessed it at that time? [Article 793]
Art. 793. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will, should it expressly appear by the will that such was his intention.
What does Art. 794 state about the extent of interest covered by a devise or legacy in a will? [Article 794]
Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of
Under what condition can a devise or legacy cover less interest than what the testator could have conveyed according to Art. 794? [Article 794]
Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest.
What does Art. 795 state about the validity of a will concerning its form? [Article 795]
Art. 795. The validity of a will as to its form depends upon the observance of the law in force at the time it is made.
What does Art. 791 emphasize about the interpretation of a will? [Article 791]
The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative.
