Midterm Flashcards
(33 cards)
what is succession?
Art. 774
Succession is a mode of acquisition by virtue of which the [pro] property, rights, and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another [or] others by his will [or] by operation of law
Testator have children, A, B and C. In his WILL, he only divided his properties to B and C, none for A.
Also, he gave some of his real and personal properties to his best friend.
valid?
insofar as his children is concerned, no as it constitute preterition
insofar as BF is concerned, yes provided that it is inofficious
“ARTICLE 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.”
GR: No contract may be entered into upon future inheritance
XPN
Cases expressly authorized by law
- donation propter nuptias
- partition inter vivos
on renunciation of inheritance,
can you renounce during the lifetime of our parents and then later during death revoke it?
Yes, because when you revoke it during their lifetime, it was inchoate and you cannot renounce a mere hope or expectancy but when they later died and you wish to renounce, you can since the right of inheritance only arise from death
for purposes of SUCCESSION, when is an absentee presumed dead in an ordinary circumstance
extra?
10 years if age below 75
5 years if age above
extra - 4 years
distinctino between ordinary & extraordinary
ordinary
- at the end of the 10/5 years
extra
- presumed dead AT THE TIME he disappeared
🔹 Juan, a soldier, was deployed to war in 2019 and was reported missing that same year.
🔹 By 2023, there has been no news of him. His family petitions the court to declare him presumed dead.
🔹 The court grants the petition.
Effect: Juan is presumed dead from 2019, so succession applies from that year, not 2023.
Characteristics of a will
- strictly personal act
- unilateral & individual act
- free & voluntary
- formal & solemn act
- disposition of property
- Act mortis causa
- ambulatory & revocable
characteristic > strictly personal act>
I hereby set aside P10M of my money in the bank for chargeable causes as may be determined by my friend X OR I hereby set aside P10M of my money to be given to all students of Room 401 of Succession in the College of Law of San Carlos, to be done by my friend F.
valid?
Valid
Article 786 of the Civil Code allows a testator to delegate the distribution of property or money to a third person, as long as the testator has already specified the general class or cause to which it should go.
Set aside a specific property or amount (e.g., ₱10 million).
Indicate a general class or cause as beneficiaries (e.g., law students in a specific university or charitable causes).
Let a third party decide on the manner of distribution (e.g., giving different amounts based on need or dividing it equally).
The testator is not letting the third party decide “who gets what” arbitrarily; the testator already set the scope. The third party’s role is just to implement the distribution within the specified class or cause.
characteristic > unilateral & individual > on INDIVIDUAL
Joint Will is authorized in foreign country where it was executed, when the Filipinos come to Phil to have it probated, will it be allowed by the court?
which provision governs
No, art. 819 provides that Wills shall be invalid even though authorized by laws of the country where they have been executed
LAW GOVERNING FORM > Extrinsic Validity
From the view points (A)
Filipino, Alien Abroad, Alien in Philippines (B)
[a]
1. view point in TIME (laws governing at that time will be controlling)
- view point in PLACE/COUNTRyY
[b] - for the will to be extrinsically valid for;
FILIPINO
- phil law
- country where he may be OR where he executes the will (lex loci celebracionis)
ALIEN ABROAD
- law of domicile
- nationality law
- philippine law OR where will executed
ALIEN IN PHILIPPINES
- law of his nationality OR philippine law
LAW GOVERNING FORM > INTRINSIC Validity
From the view points (A)
- TIME
- law at the time of the death of the decedent - PLACE/COUNTRY
- law of his country/nationality
what constitutes “soudn mind”
NPC
at the time of making the will, he knows
- the nature of the thing disposed
- proper object of his bounty; who are the persons who will succeed him
- character of the testamentary act (he is aware that he is making a LW&T)
NOTARIAL WILL
Six Special formalities of a Notarial Will
- Subscription by testator
- attestation & subscription by the instrumental witneesses
- marginal signature of -or & witnesses
- numbering of pages
- attestation caluse
- notarial acknowledgment
what are the qualifications of the notarial will?
- 18
- sound mind
- not deaf, blind, dumb
- not convicted by perjury, false testimony, falsification of document
- read & write
- domiciled in the philippines
You are given by your uncle a legacy, a car. You are then made a witness. Can you still receive the legacy?
No. By express provision of the law. However, you can still be a witness. You shall be admitted as a witness but the testamentary disposition in your favor is void.
Art. 823. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given.
3RD PERSON
insertion is made: after execution
testator: WITHOUT CONSENT/VALIDATION
effect:
insertion is not written. will remains valid
3RD PERSON
insertion is made: after execution
testator: WITH CONSENT
effect:
insertion is void.
will remains valid
3RD PERSON
insertion is made: after execution
testator: validated by FULL SIGNATURE of testator
effect:
insertion now becomes part of the will.
and the will is entirely void (no longer entirely written by the hand of the testator)
Contemporaneous ex. A third person was asked by the testator to continue writing the will and such third person added his own provisions
valid, void, partial, entire?
the entire will is void (not written by hand of -or)
when can an insertion of the testator himself be valid?
should his authentication is by him thru full signature
requisites for a valid incorporation by reference
- doc in the will must be in existence at the time of the execution of the will
- will must clearly describe & identify the same
what is the doctrine of presumed revocation?
- Where the will cannot be found following the death of the testator, it is shown that it was in the testator’s possession when it was last seen.
- Where the will cannot be found following the death of the testator and it was shown that testator has already accessed to it.
- Where it is shown that the will was in the custody of the testator after its execution and subsequently it was found among the testator’s effects after his death in such state of mutilation, cancellation or obliteration as represents a sufficient act of revocation within the meaning of the applicable statute.
what is doctnie of relative revocation
The doctrine provides that if the testator revokes the will with the present intention of making a new one immediately and as a substitute, and a new will was not made or if made fails to take effect for any reason, it will be presumed that the testator preferred the old will over intestacy.
