Focused Midterm Flashcards
what is succession
art. 774
- mode of acquisition
- by virtue of which [pro]
- to the extent to the VALUE of the inheritance of a person
- are transmitted thru his death to another or others
- by will or operation of law
requisites of a notarial will (SAMNAN)
SUBSCRIPTION
- t-or
- or the one authorized by him
ATTESTATION & SUBSCRIPTION
- by instrumental witness
MARGINAL SIGNATURES
- by t-or [and] instrumental witness
NUMBERING OF PAGES
ATTESTATION CLAUSE
NOTARIAL ACKNOWLEDGMENT
what is an attestation clause
- one of the requisites of a notarial will
- executed by the WITNESSES to the notarial will
- T-or need not sign (if signed, does not invalidate the attestation clause
what are the requisites & doctrines related to revocation
[REQUISITES]
- overt act of destruction (corpus)
- intent to revoke (animus revocandi)
[Doctrine of Relative Revocation]
revokation of the original will is dependent on the existance or effectivity of the 2nd will
[Doctrine of Presumed revocation]
1. presumed that T-or destroyed his will w/ intent to revoke if it is shown that t-or executed a will [and] upon his death, it was shown that he was in possession of that document during his lifetime.
- T-or had a holographic will but it can no longer be found, then presumed that t-or revoked it
- Heirs know t-or had a will. Upon his deaht, discovered the will along with his personal effects in a state of mutiliation obliteratoin, cancellation
republication v. revival distinctions
REPUBLICATION
- T-or reproduces in a subsequent will the contents in a previous wills which is void as to form [or] executes a codicil to a will
- cure a defective form
- positive act (execute codicil)
REVIVAL
- restoration of a revoked will/ revoked provision
- original will is presupposed to be valid \
- by operation of law
revocation v. disallowance distinctions
- FORMALITIES not complied with
- T-or was insane [or] mentally incapable of making a will at its execution
- executed thru force or under duress or influence of fears, or threats
- procured by undue & improper pressure & influence on part of the BENEFICIARY or of some other person
- signature procured by FRAUD
- T-or acted by mistake or did not intend that the instrment signed should be his will at time of affixing his signature
what are the requierments for the transmission of successional rights?
16
pertains to the
- order of succession
- amoutn of succesional rights
= intrinsic validity of testamentary provisions
distinguish heirs from legatees & devisees
heirs are legally entitled to the legitime and free portion
legatees & devisees can succeed the free portion only and by means of testate succession
accession to the decedent’s property after their death is not inherited. Is the statement correct?
The statement is incorrect
When a person dies, their heirs or beneficiaries inherit the estate as it exists at the time of death. This includes the ownership rights over the properties, as well as any future improvements or increments to such properties by the principle of accession.
what is a joint will & why is it not allowed in our JD
A joint will is defined that which contains in one instrument the will of two persons jointly signed by them. For example, spouses execute a joint will. This is not allowed in the PH.
REASON
1. allow t-or secrecy in amking will
2. minimizes undue influence/threat in making will
a lawyer may be employed by the testator to draft the will and may be given full authority to draft it as they see fit. is this statement correct
A lawyer may indeed be employed by the testator to draft the will. However, the lawyer cannot be given full authority to draft the will as they see fit. The drafting of a will is a personal and voluntary act of the testator, and the lawyer’s role is only to assist the testator in ensuring that their wishes are legally expressed and compliant with the formal requirements of the law.
can oral declarations be used as evidence to clarify ambiguity in a will? is this correct
Oral declarations cannot be used as evidence to clarify ambiguity in a will. Under the parol evidence rule, extrinsic evidence (including oral declarations) is generally inadmissible to alter, explain, or add to the terms of a written will. This is because a will must be proven according to its written form, and any ambiguity must be resolved based on the language of the will itself.
statutes in force at the testator’s death control the validity of the will
and
a will not executed in conformity with such status is invalid. is this crrect ?
Yes, that is correct. The validity of a will is determined by the statutes in force at the time of the testator’s death. If a will was not executed in accordance with those legal requirements, it will generally be considered invalid. These requirements typically include proper execution, such as the number of witnesses, the testator’s capacity, and the presence of signatures. However, some jurisdictions allow for substantial compliance or have “harmless error” provisions that may validate a will despite minor defects.
what is contractual succession?
875
Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void
FAMILY
future husband and wife gives to each other in their marriage settlement as much of their future property in the event of death as they may validly dispose of in a will
is intestate succession always subordinate to testate succession
Yes, intestate succession is always subordinate to testate succession, as long as the will is valid and effective. The fundamental rule is that the wishes of the testator, as expressed in a valid will, must be respected. Therefore, the law gives priority to testate succession over intestate succession.
what is testamentary capacity
TC - ability & power to make a will
requires
1. T-or be at least 18
2. sound mind
TP - privilege of T-or to designate poersons to succeed him
