VII. WILLS AND SUCCESSION Flashcards
VII. WILLS AND SUCCESSION
A. General Provisions (Civil Code, arts. 774-782)
Succession?
Mode of Acq w/c the PRO of aP are T to A upon D (by W or by OoL)
Dec?
P whose P is T through S (byW or byOL); Testator if D left a W
Test Succ
-type Of S where D left a W designating aH to inherit
Article 774 defines “succession” as a mode of acquisition by which the property, rights, and obligations of a person are transmitted to another or others upon their death, either by will or by operation of law.
Article 775 defines “decedent” as the general term applied to the person whose property is transmitted through succession, whether or not they left a will. If they left a will, they are also called the “testator.”
Article 776 defines “inheritance” as including all the property, rights, and obligations of a person that are not extinguished by their death.
Article 779 defines “testamentary succession” as the succession that results from the designation of an heir made in a will executed in the prescribed form.
Article 780 defines “mixed succession” as the succession effected partly by will and partly by operation of law.
Article 782 defines an “heir” as a person called to the succession either by the provision of a will or by operation of law. It also defines “devisees” as persons to whom gifts of real property are given by virtue of a will, and “legatees” as persons to whom gifts of personal property are given by virtue of a will.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
1. Wills – Civil Code, arts. 783-795
version 1
Summaries for Civil Code of the Philippines (Articles 783-795)
Article 783: A will controls the disposition of one’s estate after death, following legal formalities.
Article 784: Making a will is a personal act that cannot be delegated to others.
Article 785: Heir or property allocations cannot be left to the discretion of a third party.
Article 786: Specific property or money distribution can be entrusted to a third person for general classes or causes.
Article 787: A will cannot be made contingent on another person’s decision to be operative.
Article 788: Ambiguous testamentary dispositions should be interpreted to be operative.
Article 789: Errors in descriptions in a will can be corrected if the context or extrinsic evidence (excluding oral declarations) reveals the intent.
Article 790: Words in a will are interpreted in their ordinary sense unless a different intention is clear.
Article 791: A will should be interpreted to give effect to every expression and avoid intestacy.
Article 792: Invalidity of one part of a will does not invalidate the whole, unless the testator’s intent would have been different.
Article 793: Property acquired after making a will passes as if owned at the time, if the will indicates this intent.
Article 794: A devise or legacy covers all the interest the testator could convey, unless a lesser interest is intended.
Article 795: The validity of a will depends on the law in force at the time it was made.
Summarized Key Phrases for Easy Memorization:
- Article 783: Will controls estate post-death.
- Article 784: Will-making is personal, not delegable.
- Article 785: No third-party discretion on heirs/property.
- Article 786: Specific distributions by third party allowed.
- Article 787: No reliance on others for will’s effect.
- Article 788: Interpret ambiguous wills to be effective.
- Article 789: Correct errors using context/extrinsic evidence.
- Article 790: Ordinary sense for words unless otherwise clear.
- Article 791: Interpret will to avoid intestacy.
- Article 792: Invalid parts don’t invalidate whole will.
- Article 793: After-acquired property passes if intended.
- Article 794: Devise covers all testator’s interest unless less.
- Article 795: Will’s form validity based on law at making.
Examples:
- Article 783 Example: Maria’s will, which allocates her assets after her death, must follow legal formalities.
- Article 784 Example: Juan cannot authorize his lawyer to decide the contents of his will.
- Article 785 Example: Carlos cannot leave the decision of who gets his house to his friend.
- Article 786 Example: Pedro leaves money for education but allows his executor to choose the schools.
- Article 787 Example: Lucia’s will cannot depend on her brother’s future decision for it to be valid.
- Article 788 Example: If ambiguous, interpret Juan’s bequest to his niece to take effect rather than be void.
- Article 789 Example: An error naming “John’s property” in the will can be corrected if the will’s context indicates which property.
- Article 790 Example: “Car” in a will is taken as any car owned, unless the will shows a different intent.
- Article 791 Example: Interpret the will to ensure all parts are effective, avoiding intestacy.
- Article 792 Example: An invalid clause on donating to an illegal organization doesn’t affect the rest of the valid will.
- Article 793 Example: If Maria’s will says all future properties are included, they pass as if owned when the will was made.
- Article 794 Example: If not specified, all of Pedro’s interests in a property pass to the heir.
- Article 795 Example: A will made in 2005 must comply with the 2005 laws for validity in form.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
- Testamentary Capacity – Civil Code, arts. 796-803
Summaries for Civil Code of the Philippines (Articles 796-803)
Article 796: Anyone not legally prohibited can make a will.
Article 797: Persons under 18 cannot make a will.
Article 798: The testator must be of sound mind when executing the will.
Article 799: Sound mind means knowing the nature of the estate, the beneficiaries, and the act of making a will.
Article 800: There is a presumption of sound mind unless proven otherwise, with burden on the opponent.
Article 801: A valid will remains valid despite later incapacity, and an invalid will remains invalid despite later capacity.
Article 802: A married woman can make a will without her husband’s consent or court approval.
Article 803: A married woman can will her separate property and her share of conjugal or community property.
Summarized Key Phrases for Easy Memorization:
- Article 796: Anyone can make a will (unless prohibited).
- Article 797: Under 18 can’t will.
- Article 798: Must be of sound mind.
- Article 799: Sound mind = knowing estate, beneficiaries, and will’s nature.
- Article 800: Presumed sound mind; burden on opponent.
- Article 801: Valid will stays valid despite later incapacity.
- Article 802: Married women can will freely.
- Article 803: Married women can will all separate and share of conjugal property.
Examples:
- Article 796 Example: A person who is 25 years old and not mentally incapacitated can make a will.
- Article 797 Example: A 16-year-old cannot create a valid will.
- Article 798 Example: A 30-year-old with no mental health issues can validly make a will.
- Article 799 Example: An 80-year-old who understands his assets and beneficiaries is of sound mind to make a will.
- Article 800 Example: If a person was known to be insane a month before making a will, proof of lucidity at the time of the will is required.
- Article 801 Example: A person who made a will while sane and later became incapacitated still has a valid will.
- Article 802 Example: A married woman drafts her will without her husband’s consent.
- Article 803 Example: A married woman includes her jewelry (separate property) and half of the family house (conjugal property) in her will.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
- Notarial and Holographic Wills; Joint Will – Civil Code, arts. 804-819
ARTICLE 804:
Summary: Wills must be written in a language the testator understands.
Example: Juan, who speaks Tagalog, must write his will in Tagalog or another language he knows, not in French if he doesn’t understand it.
ARTICLE 805:
Summary: Non-holographic wills must be signed by the testator (or someone at their direction), witnessed by at least three credible people, and each page must be signed and numbered.
Example: Maria’s will is signed by her, witnessed by three friends, and each page is signed and numbered sequentially.
ARTICLE 806:
Summary: Wills must be acknowledged before a notary public by the testator and witnesses.
Example: After signing, Pedro and his witnesses go to a notary public to acknowledge the will.
ARTICLE 807:
Summary: Deaf testators must read the will themselves or designate two people to communicate its contents to them.
Example: Ana, who is deaf, reads her will herself before signing it.
ARTICLE 808:
Summary: For blind testators, the will must be read twice: once by a witness and once by the notary public.
Example: Carlos, who is blind, has his will read to him by a witness and then by the notary before acknowledging it.
ARTICLE 809:
Summary: Minor form defects don’t invalidate a will if it’s proven to substantially comply with Article 805 requirements.
Example: Despite a misspelling in the attestation clause, Lisa’s will is valid as it meets all other requirements.
ARTICLE 810:
Summary: Holographic wills must be entirely handwritten, dated, and signed by the testator, with no witnesses required.
Example: Miguel writes his entire will by hand, dates, and signs it without any witnesses present.
ARTICLE 811:
Summary: Probating a holographic will requires at least one witness familiar with the testator’s handwriting; three if contested.
Example: For Roberto’s holographic will, his sister testifies that it’s his handwriting.
ARTICLE 812:
Summary: In holographic wills, dispositions below the signature must be dated and signed to be valid.
Example: In her holographic will, Sofia adds a bequest below her signature, dating and signing this addition.
ARTICLE 813:
Summary: In holographic wills, the last dated and signed disposition validates preceding undated dispositions.
Example: In Diego’s holographic will, several undated bequests are followed by a dated and signed one, validating all of them.
ARTICLE 814:
Summary: Any changes in a holographic will must be authenticated by the testator’s full signature.
Example: When Lucia crosses out a bequest in her holographic will, she signs her full name next to the change.
ARTICLE 815:
Summary: Filipinos abroad can make wills following local laws, which can be probated in the Philippines.
Example: A Filipino living in Japan makes a will following Japanese law, which is later probated in Manila.
ARTICLE 816:
Summary: Wills of foreigners abroad are valid in the Philippines if they follow local, national, or Philippine laws.
Example: An American’s will made in France following French law is recognized in the Philippines.
ARTICLE 817:
Summary: Wills made in the Philippines by foreigners following their national laws are valid if they would be in their home country.
Example: A British citizen in Manila makes a will following UK law, which is valid in the Philippines.
ARTICLE 818:
Summary: Joint wills by two or more persons are prohibited.
Example: Spouses cannot make a single will together for their mutual benefit.
ARTICLE 819:
Summary: Joint wills by Filipinos abroad are invalid in the Philippines, even if legal where executed.
Example: A joint will made by Filipino spouses in the US, where it’s legal, is not valid when they return to the Philippines.
These summaries and examples should help in understanding and memorizing the key points of each article.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
4. Witnesses to a Notarial Will; Qualifications and Disqualifications – Civil
Code, arts. 820-824
Key Points on Witnesses to a Will
Article 820: Qualifications of Witnesses
* A person can be a witness to a will if they are:
* Over 18 years old
* Of sound mind
* Not blind, deaf, or dumb
* Able to read and write
Example: Maria, a 25-year-old accountant with no disabilities, can be a witness to John’s will.
Article 821: Disqualifications of Witnesses
* People who cannot be witnesses to a will include:
* Foreigners (non-Philippine residents)
* Those convicted of document falsification, perjury, or false testimony
Example: A British citizen living in the Philippines cannot witness a will.
Article 822: Witness Competency After Attestation
* If someone is qualified to witness a will when they sign it, later becoming disqualified doesn’t invalidate the will.
* Example: If a witness becomes blind after witnessing a will, the will remains valid.
Article 823: Beneficiary as Witness
* If someone benefits from a will also witnesses it, the benefit is void unless there are at least three other competent witnesses.
* Example: If John’s son witnesses John’s will where he inherits a house, the house inheritance is void unless there are three other valid witnesses.
Article 824: Creditor as Witness
* A person who is owed money by the testator (person making the will) can be a witness.
* Example: If Maria is owed money by John, she can still witness his will.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
5. Codicils and Incorporation by Reference – Civil Code, arts. 825-827
VII. WILLS AND SUCCESSION
B. Testamentary Succession
6. Conflict Rules – Civil Code, arts. 16-17
art 16 - EXPLAIN
Natinlty prin - who, amt, valdty
Key points regarding testamentary succession and the applicable laws can be summarized as follows:
- Immovable Property (Real Estate):
The law of the country where the immovable property (real estate) is located governs matters related to that property. This is known as the principle of lex situs or lex rei sitae. - Movable Property (Personal Property):
The law of the country where the movable property (personal property) is stipulated or located governs matters related to that property. - Intestate and Testamentary Successions:
For intestate (without a will) and testamentary (with a will) successions, the following aspects are governed by the national law of the deceased person, regardless of the nature or location of the property:
a) The order of succession (who inherits and in what order)
b) The amount of successional rights (how much each heir receives)
c) The intrinsic validity of testamentary provisions (the validity of the will itself)
Example using current events:
Consider the case of a wealthy Indian businessman, Ravi, who passed away in 2023. Ravi had immovable properties (real estate) in India, the United Arab Emirates, and the United Kingdom. He also had substantial movable assets (personal property) such as investments, bank accounts, and valuable artworks located in various countries.
For Ravi’s immovable properties, the laws of India, the UAE, and the UK would govern matters related to those respective properties, such as transfer of ownership, taxes, and any disputes.
However, for determining the order of succession, the amount of inheritance for each heir, and the validity of Ravi’s will (if he left one), his national law as an Indian citizen would apply. This would be the case regardless of the nature or location of his assets.
If Ravi died without a will (intestate), the Indian laws of intestate succession would determine who inherits his assets and in what proportions, even for properties located outside India. If he left a valid will, the Indian laws would govern the intrinsic validity of the testamentary provisions and the distribution of his estate according to his wishes, subject to any mandatory provisions of Indian law.
The key principle is that while the laws of the country where the property is located govern matters related to that specific property, the personal law of the deceased (their national law) governs the broader aspects of intestate and testamentary successions, ensuring a consistent application of inheritance rules across different jurisdictions.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
7. Revocation of Wills – Civil Code, arts. 828-834
ARTICLE 828:
Summary: A testator can revoke their will at any time before death, and any attempt to restrict this right is void.
Example: Maria writes a will but later decides to change it. She can revoke it at any time, even if she previously promised someone she wouldn’t change it.
ARTICLE 829:
Summary: Revocation of a will done outside the Philippines by a non-domiciliary is valid if it follows the law of where the will was made or where the testator was domiciled. If done in the Philippines, it must follow Philippine law.
Example: Juan, living in the US, revokes his Philippine will following US law. This revocation is valid in the Philippines.
ARTICLE 830:
Summary: Wills can be revoked by implication of law, by a new will or writing, or by physically destroying it with the intent to revoke. If destroyed without the testator’s direction, the will may still be established if its contents and execution can be proven.
Example: Pedro tears up his will intending to revoke it. Alternatively, he could write a new will that expressly revokes the old one.
ARTICLE 831:
Summary: New wills that don’t expressly revoke previous ones only annul contradictory dispositions in the prior wills.
Example: Ana’s new will leaves her car to her son, while her old will left it to her daughter. The new disposition for the car overrides the old one, but other provisions in the old will remain valid.
ARTICLE 832:
Summary: A revocation in a subsequent will remains a) The order of succession (who inherits and in what order)
b) The amount of successional rights (how much each heir receives)
c) The intrinsic validity of testamentary provisions (the validity of the will itself)e revocation of the old will still stands.
ARTICLE 833:
Summary: A revocation based on a false or illegal cause is null and void.
Example: Lisa revokes her will because she falsely believes her son died. This revocation is invalid when the truth is discovered.
ARTICLE 834:
Summary: Recognition of an illegitimate child in a will remains valid even if the will is later revoked.
Example: Miguel recognizes his illegitimate child in his will. Even if he later revokes the will, the recognition of the child remains legally effective.
These summaries and examples should help in understanding and memorizing the key points of each article regarding the revocation of wills in Philippine law.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
8. Republication and Revival of Wills – Civil Code, arts. 835-837
Summary and Explanation of Key Points
ARTICLE 835: Republication of Void Wills
Summary: A testator cannot republish the contents of a previous will that is void due to form issues without reproducing those dispositions in a new, valid will.
Example: If Maria’s original will was void because it lacked the required number of witnesses, she cannot simply state in a new will that she republishes the old will. Instead, she must rewrite the dispositions in a new, properly executed will.
ARTICLE 836: Effect of Codicils
Summary: Executing a codicil that refers to a previous will republishes that will as modified by the codicil.
Example: Pedro has a valid will and later creates a codicil that changes one of the bequests. The codicil republishes the original will, incorporating the new changes.
ARTICLE 837: Revival of Wills
Summary: If a testator makes a second will that expressly revokes the first, revoking the second will does not automatically revive the first will. The first will can only be revived by another will or codicil.
Example: Ana writes a second will that revokes her first will. If she later destroys the second will, the first will is not automatically revived. She must create a new will or codicil to revive the first will.
Illustrative Examples
ARTICLE 835 Example:
- Scenario: Maria’s original will is void because it was not signed by the required three witnesses.
- Action: Maria wants to republish the void will.
- Result: Maria must create a new will that includes the same dispositions and is properly executed with the required formalities.
ARTICLE 836 Example:
- Scenario: Pedro has a valid will and later decides to add a codicil that changes the beneficiary of one asset.
- Action: Pedro executes the codicil, referring to his original will.
- Result: The original will is republished with the modifications made by the codicil.
ARTICLE 837 Example:
- Scenario: Ana writes a second will that explicitly revokes her first will. Later, she decides to revoke the second will.
- Action: Ana destroys the second will.
- Result: The first will is not revived by the destruction of the second will. Ana must create a new will or codicil to revive the first will.
Key Takeaways
- ARTICLE 835: A void will cannot be republished without reproducing its contents in a new, valid will.
- ARTICLE 836: A codicil referring to a previous will republishes that will as modified by the codicil.
- ARTICLE 837: Revoking a second will that revoked a first will does not revive the first will; it must be revived by another will or codicil.
These articles ensure clarity in the process of republication and revival of wills, preventing confusion and ensuring that the testator’s intentions are clearly documented and legally recognized.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
9. Allowance and Disallowance of Wills – Civil Code, arts. 838-839
Key Points of Articles 838 and 839 on Philippine Will Allowance and Disallowance:
Article 838: Will Allowance
- Summary: A will needs to be proven valid in court to be enforceable.
- Example: Juan writes a will leaving his house to his son. The son cannot simply claim the house based on the will alone. He needs to petition the court to have the will “allowed” (declared valid) following the Rules of Court.
- Testator-initiated Allowance: Interestingly, the testator (person who made the will) can petition the court to have their will validated even while they are still alive.
- Conclusiveness: Once a will is allowed by the court (during the testator’s life or after death), the decision is generally final (subject to appeal). This means the court’s ruling establishes that the will was properly executed.
Article 839: Will Disallowance
- Summary: A will can be disallowed (declared invalid) for various reasons.
-
Grounds for Disallowance: Here are some common reasons a court might disallow a will:
- Improper Formalities: The will wasn’t created following the legal requirements (e.g., missing witnesses for a non-holographic will).
- Testator’s Mental Incapacity: The testator was not mentally sound when they made the will.
- Undue Influence: Someone pressured or threatened the testator into making the will against their wishes.
- Fraud: The testator’s signature was obtained through deception.
- Mistake: The testator mistakenly signed something not intending it to be their will.
- Example: Maria’s will leaves everything to her caregiver, who isolated Maria from her family in the months before her death. The family could contest the will on grounds of undue influence.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
10. Institution and Substitution of Heirs – Civil Code, arts 840-870
Article 840: A will names who inherits the testator’s property.
Article 841: A will is valid even without naming an heir, but remaining provisions take effect.
Article 842: Testators with no compulsory heirs can give their entire estate to anyone. Testators with compulsory heirs must follow inheritance rules.
Article 843: Heirs should be named clearly to avoid confusion.
Article 844: Minor errors in names won’t invalidate an inheritance if the heir’s identity is clear.
Article 845: Bequests to unknown people are void, but those to a defined group are valid.
Article 846: Heirs not assigned shares inherit equally.
Article 847: Heirs listed individually and as a group generally inherit individually.
Article 848: Full and half-blooded siblings inherit equally unless stated otherwise.
Article 849: When a person and their children are named, they inherit together.
Article 850: False reasons for inheritance are ignored unless they affect the testator’s decision.
Article 851: If only part of the estate is assigned to one heir, the rest goes to legal heirs.
Article 852: If all heirs’ assigned shares don’t cover the entire estate, each share increases proportionally.
Article 853: If heirs’ assigned shares exceed the entire estate, each share reduces proportionally.
Article 854: Omitting compulsory heirs in the direct line invalidates the inheritance.
Article 855: A compulsory heir omitted from a will is compensated first from undesignated parts of the estate.
Article 856: Voluntary heirs who die before the testator don’t pass inheritance to their heirs.
Article 857: Substitution names another heir to inherit if the originally named heir can’t.
Article 858: Substitution comes in various forms like simple, reciprocal, or fideicommissary.
Article 859: A testator can name substitutes for the originally named heir(s).
Article 860: Substitutes can be multiple for one heir or one for multiple heirs.
Article 861: Reciprocally substituted heirs generally inherit each other’s shares.
Article 862: Substitutes inherit the same charges and conditions as the original heir unless stated otherwise.
Article 863: A fideicommissary substitution tasks an heir with preserving and passing part of the inheritance to another heir, but with limitations.
Article 864: A fideicommissary substitution cannot burden the compulsory inheritance.
Article 865: A fideicommissary substitution must be explicitly stated in the will.
Article 866: The second heir’s right to inheritance starts upon the testator’s death.
Article 867: Certain types of fideicommissary substitutions are void.
Article 868: A void fideicommissary substitution doesn’t affect the validity of the original inheritance.
Article 869: A will can leave ownership to one person and usufruct (right to use) to another.
Article 870: Clauses making the entire estate unsellable for more than 20 years are void.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
11. Dispositions with a Condition or Term – Civil Code, arts. 871-885
Heirs & inheritance
Article 871: Conditional Inheritances
- Heirs can inherit under certain conditions or for specific purposes.
- Example: A testator might leave a house to their child on condition they graduate college.
Article 872: Limits on Conditions for Compulsory Heirs
- Conditions on the “legitime” (compulsory inheritance) are void.
- Example: A testator cannot force a child to convert to a specific religion to inherit.
Article 873: Unenforceable Conditions
- Impossible, illegal, or immoral conditions are ignored.
- Example: Leaving money on condition the heir commits a crime is unenforceable.
Article 874: Marriage Restrictions
- Absolute bans on marriage are generally void (except for widows/widowers with specific conditions).
- Example: A testator can’t prevent their child from ever marrying, but could leave money for them “as long as they remain unmarried.”
Article 875: Self-Serving Conditions
- Conditions requiring the heir to leave something to the testator in their will are void.
- Example: A testator can’t leave money on condition the heir leaves them a car in their will.
Article 876: Fulfilling “Purely Potestative” Conditions
- These conditions depend solely on the heir’s action (e.g., travel somewhere). The heir must fulfill them upon learning of the testator’s death.
- Example: A testator leaves money to their child on condition they visit their grandmother’s grave within a year. The child must visit upon learning of the death.
Article 877: Casual or Mixed Conditions
- These conditions depend on chance or both chance and the heir’s action. They can be fulfilled before or after the testator’s death.
- Example: A testator leaves money to their child on condition they have a child themselves (casual) within 5 years (potestative). The child inherits if they have a child within 5 years, even if after the testator’s death.
Article 878: Inheritance Rights with Delay
- Even with a condition that delays inheritance (suspensive term), the heir’s rights pass to their heirs.
- Example: A testator leaves money to their grandchild when they turn 25. The grandchild inherits the right to the money upon the testator’s death, even if they receive it at 25.
Article 879: Security for Negative Conditions
- If the condition is not to do something (e.g., not marry a specific person), the heir must provide security to ensure they follow the condition.
- Example: A testator leaves money to their child on condition they don’t marry their ex-partner. The child must provide security (e.g., a bond) to show they won’t marry their ex.
Article 880: Estate Administration During Delays
- If inheritance is delayed due to a condition or lack of security, the estate goes into administration until the condition is met or security provided.
- Example: If a grandchild inherits upon turning 25 but hasn’t reached that age yet, the estate would be administered until then.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
12. Compulsory Heirs; Legitime – Civil Code, arts. 886-914
Article 886: What is Legitime?
Legitime is a guaranteed portion of an inheritance reserved by law for certain heirs.
Example: John has a wife and two children. He cannot leave his entire estate to charity; his wife and children are entitled to a portion (legitime).
Article 887: Who are Compulsory Heirs?
This article lists the compulsory heirs, including legitimate children, parents, spouse, and some illegitimate children.
Example: Maria has a daughter, Ana, and a son from a previous relationship, Ben (acknowledged natural child). Both Ana and Ben are compulsory heirs.
Articles 888 & 889:
These articles define the portion of the estate each compulsory heir group (children/parents, spouse) receives as legitime (usually half).
Example: If John (from Article 886) leaves an estate of 1 million pesos, his wife would get 500,000 (half) as legitime, and the children would share the remaining 500,000 (their legitime).
Article 890: Sharing Legitime Among Parents
This article explains how parents’ legitime is divided (equally or to the surviving parent).
Example: If John’s parents are both alive (from Article 886), they would each get 250,000 as legitime (half of the wife’s share). If only his mother survived, she would get the entire 500,000 legitime portion.
Article 891 & Others (Complex Calculations):
These articles deal with more complex situations involving multiple heir groups (spouse, parents, illegitimate children) and how their legitime is calculated.
Due to the intricate calculations, specific examples are best consulted with a lawyer for your situation.
Article 892: Spouse’s Legitime with Children
This article gives the surviving spouse a share (equal to a child’s legitime) on top of their own legitime if there are children.
Example: John (from Article 886) has a wife and two children. The wife gets her 500,000 legitime, plus an additional share equal to a child’s portion (166,667 each).
Articles 893-903: Spouse’s Legitime with Other Heirs
These articles define the spouse’s legitime when there are no children but other heirs (parents, illegitimate children).
Example: If John (from Article 886) has no children but only his wife and parents, the wife gets a specific portion (usually 1/4 or 1/3) as legitime.
Article 904: Protecting Legitime
This article emphasizes that a testator cannot freely dispose of a compulsory heir’s legitime.
Example: John cannot write a will leaving everything to charity, ignoring his wife and children’s legal right to inheritance (legitime).
Articles 905 & 906:
These articles address situations where heirs renounce or receive something in advance of their legitime. They can still claim the full legitime later.
Example: If John’s wife agrees to waive her inheritance rights in exchange for a car, she can still later claim her legitime (500,000 pesos) but must return the car’s value.
Article 907: Challenging a Will that Reduces Legitime
This article allows compulsory heirs to contest a will that significantly reduces their legitime.
Example: John leaves his entire estate to charity, leaving his wife and children with minimal amounts. They can challenge the will if it reduces their legitime unfairly.
Articles 908-911: Calculating the Legitime
These articles explain how to calculate the legitime by considering the estate’s value, debts, and previous donations made by the testator.
Example: The value of John’s estate (minus debts) is 1 million pesos. He previously donated 100,000 to charity. The legitime is calculated based on the remaining 900,000 pesos.
Articles 912-914: Dealing with Inconvenient Property
These articles address situations where a property designated for an heir needs to be divided to fulfill legitime requirements.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
13. Disinheritance – Civil Code, arts. 915-923
ARTICLE 915:
Key point: A compulsory heir can be deprived of their legitime through disinheritance, but only for reasons explicitly stated by law.
Example: A father cannot disinherit his son simply because they disagree politically. The reason must be one specified in the law.
ARTICLE 916:
Key point: Disinheritance must be done through a will, and the legal cause must be specified in that will.
Example: If a mother wants to disinherit her daughter, she must state in her will, “I disinherit my daughter Maria for attempting to take my life.”
ARTICLE 917:
Key point: If the disinherited heir denies the cause, other heirs must prove its truth.
Example: If Maria denies attempting to take her mother’s life, her siblings must provide evidence to support the accusation.
ARTICLE 918:
Key point: Disinheritance without a specified cause, or with an unproven or invalid cause, annuls the institution of heirs but not other dispositions in the will.
Example: If the mother’s will simply states “I disinherit Maria” without giving a reason, Maria can still claim her legitime, but other bequests in the will remain valid.
ARTICLE 919:
Key point: Lists specific causes for disinheriting children and descendants.
Example: A father can disinherit his son if the son is convicted of adultery with the father’s spouse.
ARTICLE 920:
Key point: Lists specific causes for disinheriting parents or ascendants.
Example: A daughter can disinherit her mother if the mother abandoned her as a child.
ARTICLE 921:
Key point: Lists specific causes for disinheriting a spouse.
Example: A wife can disinherit her husband if he has given cause for legal separation.
ARTICLE 922:
Key point: Reconciliation between the offender and offended person nullifies the disinheritance.
Example: If a son attempts to take his father’s life but they later reconcile, the father can no longer disinherit the son for that reason.
ARTICLE 923:
Key point: Children of a disinherited person take their parent’s place as compulsory heirs, but the disinherited parent loses usufruct and administration rights.
Example: If Juan disinherits his son Pedro, Pedro’s children still inherit Pedro’s share, but Pedro cannot manage or benefit from that inheritance.
These articles collectively outline the process, requirements, and consequences of disinheritance in Philippine law, emphasizing that it’s a serious action that can only be done for specific, provable reasons, and with specific legal procedures.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
14. Legacies and Devises – Civil Code, arts. 924-959
Article 924: What Can Be Bequeathed?
- You can bequeath (give through a will) anything you legally own.
- Example: You can leave your car, house, or money to someone in your will.
Article 925: Burdens on Heirs and Legatees
- The testator (person who wrote the will) can assign charges (obligations) to inheritances.
- Example: John leaves his house to his son but the son must pay John’s sister 100,000 pesos.
Articles 926 & 927:
- These articles clarify who is responsible for charges on inheritances if not specifically designated in the will.
- Example: If John leaves his estate to his two children without mentioning who pays his debts, they split the responsibility.
Article 928: Heir’s Liability for Lost Inheritance
- If an heir is responsible for delivering something inherited but it’s lost (not their fault), they might still be liable.
- Example: John leaves Mary a vase, but Mary accidentally breaks it before receiving it. Mary might still owe compensation.
Article 929: Incomplete Bequest Descriptions
- If the description of something bequeathed is unclear (e.g., “a painting”), the heir keeps the entire thing.
- Example: John leaves his wife “a necklace” without specifying which one. The wife gets to choose any of John’s necklaces.
Article 930: Bequeathing Someone Else’s Property
- Inheriting something the testator (who wrote the will) doesn’t actually own is generally void.
- Example: John leaves Mary his friend’s car. Mary cannot inherit the car unless John acquires it legally.
Article 931: Bequeathing Something to Be Acquired
- The will can instruct the heir to acquire something to give to a legatee (inheriting through a will).
- Example: John’s will says his heirs must buy a specific piano and give it to his niece.
Articles 932 & 933:
- These articles deal with situations where the legatee already owns the bequeathed item, with or without the testator’s knowledge.
- Example: John leaves a watch to his son who already owns it. The son generally cannot claim anything from the inheritance.
Article 934: Inherited Property with Debts
- If you inherit property with debt, the estate typically covers the debt unless the will says otherwise.
- Example: John leaves his house to his daughter. The daughter inherits the house but also the responsibility to pay the mortgage on it.
Article 935: Bequeathing Debts or Credits
- You can bequeath a debt you owe to someone, erasing their debt to you.
- Example: John owes Mary 10,000 pesos. John’s will states Mary doesn’t have to pay it back.
Articles 936 & 937:
- These articles clarify how changes in debt status (paying it off, etc.) after the will is written affect the bequest.
Article 938: Bequest to a Creditor
- Money or property left to a creditor generally doesn’t apply to their existing debt to you unless the will says so.
- Example: John leaves his car to his creditor, Ben. Ben keeps the car and must still pay his separate debt to John’s estate.
Article 939: Bequeathing Imaginary Debts
- If you mistakenly bequeath money you believe you owe (but don’t actually owe), it’s considered not written in the will.
- Example: John leaves money to repay a “debt” to a friend he mistakenly thinks he owes. The friend doesn’t get the money.
Article 940: Choosing Between Options in a Will
- The will might give someone the option between different inheritances.
- Example: John’s will lets his son choose between a car or a boat.
Article 941: Bequeathing Uncertain Properties
- A bequest of a general type of property (e.g., “a painting”) is valid even if the estate has none of that type.
- Example: John leaves Mary “a sculpture” but has none. The executor can give Mary any sculpture from the estate.
Articles 942 & 943:
- These articles give the testator (or legatee) the right to choose
VII. WILLS AND SUCCESSION
C. Intestate Succession
1. Causes of Intestacy and Relationship – Civil Code, arts. 960-969
Legal (Intestate) Succession in the Philippines: When There’s No Will
The following articles define how inheritance happens when someone dies without a valid will (intestate succession).
Article 960: Situations for Intestate Succession
- You die with no will, or your will is invalid.
- Your will doesn’t cover all your possessions.
- An inheritance condition isn’t met, the heir dies before you, or they reject the inheritance (with no substitute).
- The heir cannot legally inherit.
Example: John dies without a will. His inheritance will be distributed according to intestate succession rules.
Article 961: Heirs in Intestate Succession
- Legal relatives (blood relatives).
- Illegitimate relatives (in some cases).
- Surviving spouse.
- The State (if no other heirs).
Example: John has a wife, two children, and a brother. They are all considered legal heirs.
Article 962: Sharing Among Heirs
- Closest relatives inherit first (parents over grandchildren).
- Relatives in the same degree get equal shares (siblings inherit equally).
- Exceptions: half-blood relatives might get less (Article 1006) and inheritance might be divided between paternal and maternal sides (Article 987).
Example: John has two children, Maria and Peter. They each inherit half of his estate.
Articles 963-966: Degrees of Relationship
- Degrees = generations (parents are one degree removed from child).
- Direct line: ancestors (parents, grandparents) and descendants (children, grandchildren).
- Collateral line: relatives with a common ancestor (siblings, cousins).
- Count generations to find the degree (you and your sibling are two degrees removed from each other).
Example: Mary is one degree from her mother, two degrees from her grandmother, and three degrees from her great-grandmother (all direct line).
Article 967: Full vs. Half Blood
- Full blood: same father and mother (siblings).
- Half blood: share one parent (half-siblings).
Example: Michael and Sarah have the same parents, making them full blood relatives.
Articles 968 & 969: Sharing When Heirs Reject Inheritance
- If a close relative rejects inheritance, their share goes to other relatives in the same degree (siblings inherit each other’s portion if one rejects).
- If all closest relatives reject, inheritance goes to the next degree (children inherit if parents reject).
Example: John has two children, Maria and Peter. If Maria rejects her inheritance, Peter gets the entire estate. But if both Maria and Peter reject, John’s inheritance might go to his grandchildren (next degree).
VII. WILLS AND SUCCESSION
C. Intestate Succession
- Right of Representation – Civil Code, arts. 970-977
Key Points on Representation in Inheritance
Article 970: What is Representation?
* Representation is a legal fiction where a descendant (child, grandchild) takes the place of their deceased parent (heir) in inheriting.
* Example: If a father dies before his grandfather, his children inherit their father’s share from the grandfather.
Article 971: Source of Representative’s Right
* The representative inherits by law, not by right of the person they represent.
* Example: Grandchildren inherit from their grandfather directly, not through their deceased father.
Article 972: When Representation Applies
* Representation happens in direct descending lines (parents, grandparents, children, grandchildren).
* In collateral lines (siblings, cousins), representation is limited to children of siblings.
* Example: Children inherit from their deceased parents but not from deceased uncles.
Article 973: Capacity of Representative
* The person representing must be able to inherit themselves.
* Example: A grandchild can only represent their deceased parent if the grandchild is capable of inheriting.
Article 974: How Representation Works
* Representatives inherit the share their deceased parent would have inherited.
* Example: If a father would have inherited 1/2 of the estate, his children split that 1/2 equally.
Article 975: Representation Among Siblings
* Children of deceased siblings inherit their parent’s share if they survive with their uncles or aunts.
* If only the children survive, they inherit equally.
* Example: If John and Mary are siblings and John dies with children, the children share John’s inheritance with Mary.
Article 976: Renunciation and Representation
* A person who rejects their inheritance cannot be represented.
* Example: If John rejects his inheritance, his children cannot inherit in his place.
Article 977: No Representation for Rejected Inheritance
* If an heir rejects their inheritance, their descendants cannot inherit in their place.
* Example: If John rejects his inheritance, his children cannot inherit his potential share.
VII. WILLS AND SUCCESSION
C. Intestate Succession
- Order of Intestate Succession – Civil Code, arts. 978-1014
VII. WILLS AND SUCCESSION
D. Provisions Common to Testate and Intestate Succession (Civil Code, arts. 1015 & 1105)
VII. WILLS AND SUCCESSION
B. Testamentary Succession
6. Conflict Rules – Civil Code, arts. 16-17
art 17 - EXPLAIN
Based on the rules provided, the key points regarding testamentary succession and the applicable laws are as follows:
- Form and Solemnities of Wills:
The form and solemnities (formalities) required for the execution of wills and other public instruments shall be governed by the laws of the country where they are executed.
Example: If a Filipino citizen executes a will while residing in the United States, the form and solemnities required for the valid execution of that will would be governed by the laws of the United States, specifically the state where the will was executed.
- Wills Executed Before Philippine Diplomatic/Consular Officials:
When wills or other public instruments are executed before diplomatic or consular officials of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
Example: If a Filipino citizen executes a will before a Philippine embassy or consulate in Canada, the solemnities and formalities required by Philippine laws must be followed for the valid execution of that will.
- Prohibitive Laws and Public Policy:
Prohibitive laws concerning persons, their acts or property, and those related to public order, public policy, and good customs shall not be rendered ineffective by laws, judgments, determinations, or conventions agreed upon in a foreign country.
Example: If a foreign country’s laws or judgments allow for a type of testamentary disposition that violates Philippine public policy or good customs (e.g., leaving an entire estate to an unrelated individual while disinheriting legal heirs), such laws or judgments would not be given effect in the Philippines.
The key points highlight the interplay between Philippine laws and foreign laws in the context of testamentary succession, particularly regarding the form and solemnities of wills, the role of Philippine diplomatic/consular officials, and the primacy of Philippine prohibitive laws and public policy considerations.
These rules aim to strike a balance between respecting the laws of the place where a will is executed and upholding the fundamental principles and public policy of the Philippines, especially in matters related to succession and inheritance.
MCQ 1:
In 2022, a wealthy Filipino-American businessman, Juan Garcia, passed away in California, USA, leaving behind a substantial estate consisting of real estate properties in the Philippines, the United States, and Canada, as well as various movable assets such as investments and artworks located in different countries. Juan had executed a will in California, leaving his entire estate to his only child, Maria. However, Juan’s estranged brother, Pedro, who resides in the Philippines, challenged the validity of the will, claiming that it violated Philippine laws on compulsory heirs. In this situation, which of the following statements is correct?
A. The validity of Juan’s will should be determined solely by California laws, as the will was executed there, regardless of the location of his properties.
B. The validity of Juan’s will should be determined by Philippine laws, as Juan was a Filipino citizen, regardless of where the will was executed or the location of his properties.
C. The validity of Juan’s will should be determined by the laws of the respective countries where his immovable properties are located, while Philippine laws should govern the distribution of his movable assets.
D. The validity of Juan’s will should be determined by Philippine laws for his properties located in the Philippines, and by the laws of the respective countries for his properties located elsewhere.
Answer: B. The validity of Juan’s will should be determined by Philippine laws, as Juan was a Filipino citizen, regardless of where the will was executed or the location of his properties.
Legal Reasoning: According to the rules provided, for intestate and testamentary successions, the intrinsic validity of testamentary provisions (the validity of the will itself) is governed by the national law of the deceased person, regardless of the nature or location of the property. In this case, Juan Garcia was a Filipino citizen, and therefore, the validity of his will should be determined by Philippine laws, including provisions related to compulsory heirs, even though the will was executed in California and his properties were located in multiple countries.
MCQ 2:
In 2021, a German national, Hans Müller, passed away in Germany, leaving behind a substantial estate, including a villa in Spain and various investments and bank accounts in Switzerland. Hans had executed a valid will in Germany, leaving his entire estate to his long-term partner, Eva, with whom he had no children. However, Hans’s nephew, Markus, who resides in Germany, challenged the will, claiming that under German inheritance laws, he was entitled to a portion of Hans’s estate as a legal heir. In this situation, which of the following statements is correct?
A. The distribution of Hans’s estate should be governed solely by Spanish laws, as the villa in Spain was his most valuable asset.
B. The distribution of Hans’s estate should be governed by Swiss laws, as his investments and bank accounts were located in Switzerland.
C. The order of succession, the amount of successional rights, and the intrinsic validity of Hans’s will should be determined by German laws, as Hans was a German national.
D. The distribution of Hans’s estate should be governed by the laws of the respective countries where his properties are located, as the national law of the deceased is irrelevant in this case.
Answer: C. The order of succession, the amount of successional rights, and the intrinsic validity of Hans’s will should be determined by German laws, as Hans was a German national.
Legal Reasoning: According to the rules provided, for intestate and testamentary successions, the order of succession (who inherits and in what order), the amount of successional rights (how much each heir receives), and the intrinsic validity of testamentary provisions (the validity of the will itself) are governed by the national law of the deceased person, regardless of the nature or location of the property. In this case, Hans Müller was a German national, and therefore, German laws should govern these aspects of his succession, including the validity of his will and any claims by legal heirs like his nephew Markus, despite the location of his properties in Spain and Switzerland.
These MCQs test the understanding of the rules governing testamentary succession and the applicable laws by presenting scenarios involving individuals with properties and assets located in multiple jurisdictions. The legal reasoning provided for each answer highlights the specific provisions of the rules and their application in different contexts, ensuring a thorough understanding of the topic and its relevance to current jurisprudence.
MCQ 1:
In 2022, a Filipino citizen named Maria executed a will while residing in California, USA, leaving her entire estate to her long-time friend and caregiver, Rosa. Maria had no living relatives. However, under Philippine laws, Rosa would be considered a disqualified heir due to her relationship with Maria. In this situation, which of the following statements is correct?
A. The will executed by Maria in California is valid, and Rosa can inherit Maria’s entire estate, as the form and solemnities of the will are governed by California laws.
B. The will executed by Maria in California is invalid, as it violates Philippine prohibitive laws concerning disqualified heirs, which take precedence over foreign laws.
C. The will executed by Maria in California is valid, but Rosa can only inherit a portion of Maria’s estate, with the remaining portion being distributed according to Philippine laws of intestate succession.
D. The will executed by Maria in California is valid, but Rosa cannot inherit any portion of Maria’s estate, as Philippine prohibitive laws concerning disqualified heirs render the testamentary disposition ineffective.
Answer: B. The will executed by Maria in California is invalid, as it violates Philippine prohibitive laws concerning disqualified heirs, which take precedence over foreign laws.
Legal Reasoning: According to the rules provided, prohibitive laws concerning persons, their acts or property, and those related to public order, public policy, and good customs shall not be rendered ineffective by laws, judgments, determinations, or conventions agreed upon in a foreign country. In this case, Philippine laws concerning disqualified heirs are considered prohibitive laws related to public policy and good customs. Therefore, even though the will was executed in California, the testamentary disposition in favor of Rosa, who would be considered a disqualified heir under Philippine laws, would be rendered ineffective, and the will would be considered invalid in the Philippines.
MCQ 2:
In 2021, a German national named Hans executed a will in Germany, leaving his entire estate to his long-term partner, Eva. Hans and Eva had no children together. The will was executed in accordance with German laws. However, under Philippine laws, Eva would be considered a disqualified heir due to her relationship with Hans. If Hans had immovable properties in the Philippines, which of the following statements is correct?
A. The will executed by Hans in Germany is valid for his properties located in Germany, but invalid for his properties located in the Philippines due to Philippine prohibitive laws concerning disqualified heirs.
B. The will executed by Hans in Germany is valid for all his properties, including those located in the Philippines, as the form and solemnities of the will are governed by German laws.
C. The will executed by Hans in Germany is invalid for all his properties, including those located in Germany, as Philippine prohibitive laws concerning disqualified heirs take precedence over foreign laws.
D. The will executed by Hans in Germany is valid for his properties located in Germany, but for his properties located in the Philippines, Philippine laws of intestate succession would apply.
Answer: A. The will executed by Hans in Germany is valid for his properties located in Germany, but invalid for his properties located in the Philippines due to Philippine prohibitive laws concerning disqualified heirs.
Legal Reasoning: According to the rules provided, the form and solemnities required for the execution of wills shall be governed by the laws of the country where they are executed. In this case, the will executed by Hans in Germany would be considered valid in terms of its form and solemnities under German laws.
However, the rules also state that prohibitive laws concerning persons, their acts or property, and those related to public order, public policy, and good customs shall not be rendered ineffective by laws, judgments, determinations, or conventions agreed upon in a foreign country. Philippine laws concerning disqualified heirs are considered prohibitive laws related to public policy and good customs.
Therefore, while the will executed by Hans in Germany would be valid for his properties located in Germany, it would be considered invalid for his immovable properties located in the Philippines due to the testamentary disposition in favor of Eva, who would be considered a disqualified heir under Philippine laws. For Hans’ properties located in the Philippines, Philippine laws of intestate succession would apply.
These MCQs test the understanding of the rules governing testamentary succession and the applicable laws by presenting scenarios involving individuals with properties and assets located in multiple jurisdictions, as well as the interplay between Philippine prohibitive laws and foreign laws. The legal reasoning provided for each answer highlights the specific provisions of the rules and their application in different contexts, ensuring a thorough understanding of the topic and its relevance to current jurisprudence.
VII. WILLS AND SUCCESSION
B. Testamentary Succession
1. Wills – Civil Code, arts. 783-795
version 2
Here are the key phrases for Civil Code provisions (Articles 783-795) in the study of Wills:
- Testamentary capacity: This refers to the mental ability of a person to make a valid will. (Article 783)
- Testamentary dispositions: This refers to the act of giving away property through a will. (Article 784)
- Freedom of testation: This refers to the right of a testator (person making the will) to dispose of their property as they see fit, within the limits of the law. (Article 785)
- Intestacy: This refers to the situation where a person dies without a valid will. (Article 786)
- Heirs: These are the persons who are entitled to inherit the property of a deceased person if there is no will, or if the will is invalid. (Article 787)
- Legacies: These are specific gifts of property made through a will. (Article 788)
- Executor: This is the person appointed by the testator to carry out the provisions of the will. (Article 789)
- Revocation of wills: This refers to the process of cancelling a will. (Article 790)
- Lost wills: This refers to wills that have been lost or destroyed. (Article 791)
- Probate: This is the legal process of proving the validity of a will and appointing an executor. (Article 792 et seq.)
- Predeceased beneficiaries: These are beneficiaries named in the will who die before the testator. (Article 793)
- Lapse: This is what happens to a gift in a will if the beneficiary predeceases the testator. The gift will not be given. (Article 794)
- Ademption: This is what happens to a specific gift in a will if the property no longer exists at the time of the testator’s death. The beneficiary will not receive anything. (Article 795)
MCQ 1:
A blind testator, Rosa, wants to create a valid will. Which of the following procedures is REQUIRED for her will to be enforceable?
(A) The will must be written in Braille.
(B) The will must be read to her twice: once by a witness and once by a notary public.
(C) The will only needs to be read to her by one trusted friend.
(D) The will can be written in any language, as long as a translator is present.
Answer: (B)
Explanation: Article 808 of the Philippine Civil Code requires a will of a blind testator to be read twice: once by a witness and once by the notary public. This ensures Rosa fully understands the contents before signing.
MCQ 2:
Miguel wants to create a holographic will (entirely handwritten). Does he necessarily need witnesses for the will to be valid?
(A) Yes, he always needs at least two witnesses.
(B) Yes, he needs a lawyer to witness the signing.
(C) No, witnesses are not required, but are recommended.
(D) No, but he will need to have his handwriting notarized.
.
Answer: (C)
Explanation: Article 810 allows for holographic wills without witnesses. However, Article 811 requires at least one witness familiar with the testator’s handwriting to probate the will (present it to court for validation). So, while witnesses aren’t mandatory for creation, they are crucial for future enforcement
MCQ 3:
Carlos has a holographic will leaving everything to his friend Daniel. Later, he types a new document on his computer leaving everything to his niece Sofia. Neither document mentions the other. Which of the following is most likely true?
(A) The computer document revokes the holographic will, and Sofia inherits everything.
(B) Both documents are valid, and the estate will be split between Daniel and Sofia.
(C) The holographic will remains valid, and Daniel inherits everything.
(D) Both documents are invalid due to lack of witnesses.
Answer: (C)
Explanation: Article 814 states that any changes to a holographic will must be authenticated by the testator’s full signature. Since the computer document isn’t handwritten and signed, it wouldn’t be considered a valid modification. The original holographic will leaving everything to Daniel would likely remain valid.
MCQ 4:
A Filipino couple living in Canada creates a joint will following Canadian law, which allows for such wills. The will leaves their entire estate in the Philippines to their children. Will this joint will be recognized by Philippine courts?
(A) Yes, Canadian law applies to their estate regardless of location.
(B) Yes, as long as the will is properly witnessed and translated.
(C) No, Philippine law prohibits joint wills, and separate wills would be required.
(D) No, the will needs to be re-written in Tagalog to be valid in the Philippines.
Answer: (C)
Explanation: Article 818 of the Philippine Civil Code expressly prohibits joint wills. Even though the couple created the will following Canadian law, which permits them, Philippine law takes precedence when dealing with property located in the Philippines. The joint will wouldn’t be recognized, and separate wills following Philippine formalities might be necessary.
MCQ 5:
Testator Ben writes a holographic will, signs it, and dates it. Below his signature, he adds a bequest to his charity of choice. However, he forgets to date and sign this addition. What will happen to the bequest to the charity?
(A) The entire will is invalid due to the missing information.
(B) The bequest to the charity is still considered part of the will.
(C) The bequest to the charity is invalid due to the missing date and signature.
(D) The charity can still contest the will and potentially receive the bequest.
Answer: (C)
Explanation: Article 812 clarifies that any dispositions (bequests) added below the signature in a holographic will must be dated and signed to be considered valid. Since the bequest to charity lacks its own date and signature, it wouldn’t be considered part of the will.
- Juan, a Filipino citizen living in Japan, revokes his Philippine will following Japanese law. The revocation is witnessed by one person, which is sufficient under Japanese law but not under Philippine law. Is this revocation valid in the Philippines?
A) No, because it doesn’t follow Philippine law
B) Yes, because it follows Japanese law where Juan is living
C) No, because Juan is a Filipino citizen
D) Yes, but only if Juan intended to make the Philippines his permanent home
Answer: B) Yes, because it follows Japanese law where Juan is living
Legal reasoning: According to Article 829, a revocation done outside the Philippines by a person who does not have his domicile in this country is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time. Since Juan is living in Japan, the revocation following Japanese law is valid in the Philippines.
- Maria writes a new will that contradicts some provisions of her old will but does not expressly revoke it. Later, she burns the new will with the intention of reverting to her old will. What is the legal status of her wills?
A) The old will is entirely valid, and the new will is entirely invalid
B) Both wills are invalid
C) The old will is valid except for the provisions contradicted by the new will
D) The new will is valid despite being burned
Answer: C) The old will is valid except for the provisions contradicted by the new will
Legal reasoning: According to Article 831, new wills that don’t expressly revoke previous ones only annul such dispositions in the prior wills as are inconsistent with or contrary to those contained in the later wills. The burning of the new will doesn’t revive the contradicted provisions of the old will. Article 830 states that burning a will revokes it, but it doesn’t state that this action revives previously revoked provisions.
- Pedro revokes his will because he believes his son, his sole heir, has died in an accident. The son is later found alive. Pedro’s relatives claim the revocation should stand. Is the revocation valid?
A) Yes, because Pedro intended to revoke the will at the time
B) No, because the revocation was based on a false cause
C) Yes, but only if Pedro doesn’t create a new will
D) No, but only if the son contests the revocation
Answer: B) No, because the revocation was based on a false cause
Legal reasoning: According to Article 833, a revocation of a will based on a false cause or an illegal cause is null and void. In this case, Pedro revoked his will based on the false belief that his son had died. Therefore, the revocation is invalid, and the original will should stand.
These questions highlight important aspects of will revocation in Philippine law, including the validity of revocations made abroad, the effect of new wills on old ones, and the impact of false information on revocations.
