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    Wills and Succession

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    © All Rights Reserved
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    LOTR Reviewer

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    Janine Mesina
    Wills and Succession

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    © All Rights Reserved
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    “ WILLS AND SUCCESSION Elements of Succession “Don't go where T can't follow!*-Sam to Frodo 4 thm tea sgt aim 1. Glode)of acquiring ownership, 2 Transfer and : ae : ene ‘L.Mode of acquiring ownership Succession - mode of quiring SWAERIIP, similar fo tradition Q Sale esas ei ie ot Lie at icy ab which a transfers ownership. Are wills similarly a mode of transferring litle, with succession as ‘A(ipo A wilionet enualenti sor sale dens ACDAGEEthe effects of «deed of sl, Ii just oe ofthe ElSS by ‘Hid susionsanibeit 2 Transfers rights, properties and obligations 0. What igh are tnsfered va sucrssion? ‘A. Transmissible rights. An enumeration of transmissible rights is fipossIbe»but it excludes the following: 2 those which arse fom public law (eg, suffrage, pubic employment Brights arising from purely personal lations ¢ ngs whowe datenblatt ower d. those whiehqéguire inferventiop of the awner far their exescise Q. What is the rule on the transfer of obligations? A. It ghiguld not exceed the v ‘The obligation of the heirs can'texceed what he gets. ©. age the ebigaton to py a sum of mone rely transfert the gs? {A (Ropitis no tranemited tothe heirs Because ties tng Eig tion of he RED 3 rans to Burp of obits which mayan the ie ple . eee tiemady v. Luzon Sure) . sat poor aime) ie will inerit.obligation tp_pay rent as it falls due. arising with the lease contract (Pamplona v. Moreto) 3.7: Q. Isthe will purely up to the wishes ofthe testator? + AGeD)His capacity to dispose of his property is limited by the system of logitime and fosced heirs, Q. How is; transferred ration of law? re 4. Death of the testator Coeph~ competes the ansfer of tite occespoh i always marti causa_ Q. When doesa person die? AL General rule: _ Exception: The instances where he is presumed dead occasioned by(proionged legal absene®:> Ordinary rule: - after absence of ten years. = fe disappears after age of 75 years, 5 years is sulficint — Becsoninry ~ _ thefollowing are preimed dea for purposes of dvsin of stat lane lost.n.a.vayage, who has ¢GFcen hea®3 of forfour years person on board.a vessel or aeropl since the loss ofthe vessel or plane 2 pevonin he qSETaTESho hes ken matin sar and has ben ming for fou ets 3. a person who has been ie(danger of death under other circumstances and his existence has not been known for four years Q. When is the person presumed dead? ee ating it i sini in he was last heard of CRC: Other writers mention additional requisites such as the existence of heirs, and the capacity of the heirs. But these not really important, because i there agen heis andthe heirs ace incapataed, Stat can always syseed tothe Property. Bagh ttre dy th ron te pon ei? id) This i dae in prion, which i the prosst.o Sntiing the portion tbe gten ahi. This is done Sffer the eat testator. “Types of Succession a law. @ @ (Q. What property is included in the inheritance ofa person? ‘A. It includes not only the property and the transmissible cights and obligations existing at the time of his death, but also ‘hose which have accrued theretaiice the Spening of the succession . Q. Who are the parties in succession? A. They a <_docedent - Phe general term applied to the person whose property is transmitted twough succession, whether or not Fa will i latory Mf the: ‘decedent Jeff a will. 3 a person called to on citer by the provision of will by operation | 4 Persons t whom gifts of ven by virtue ofa will" 5. persons to whom gifts of GesOnaTprOpertare given by vite oF «will Elements of a will "Mv. PRECTOUSSSSSII" ~ Gollum Q What are the elements ofa will? A They ar: ha) 2. should be made bya person, 3. Formalites of the will 4. Control ovr disposition 5. Disposition of Property 6, Totake effect after the death of the person. eosy an Attestation is an act of the senses; to attest a willis t know that it ‘as such, end ( certify Yhe facts required to constitute an actual and legal publication. Sul the subscribe a pap hed as a ne forte sole purpose of identification, (Caneda v.CA) 0. Who asrexctues ing a witness? ‘A. The talon @otary public, and the ferso signing in behalf ofthe testator. — (Q. When isthe reckoning point the witness? A. At the time of attestation, fn the validity ofthe will Q. Pees he witness also have to sign with his customary signature? A (Yes? not ust prove that he actually signed it, in accordance with the fs Note that this is different with the rule foP TG testator. If the testator does not sign with his customary signature, fou haye to prove animus testandi, in addition to the requirement of proving that he actually signed it. ER Ye wis sgn ihe emir? Gore Geist Ties ie te signa th ia insihnats “haces ogres tht ole iat: ht then hy he sig ay is because he is illiterate wil becomes invalid, because the witness is incompetent. Q. Inwoh is the signing done? A: In the prevefice of the testator and of one another. Physical presence is required. A Itis notallowed. Therefore, the will However, iti Gcz dificult to prove that the mind of the witness is wandering, 0. ais repiredon testes? tet eqenei@ Rossa sgoug.on and oe hat gen owing gn, 2. Kacjual ssi by the testator or witness of the act of signing needed? A.Qio, There ae certain tests to meet to ascertain ifthe participation of the witness is sufficient. Q, What are the tests? Q. Ifthe mind of the witness is, sensei sated on the will? walid A they ae 1 eos aC Testol AvaisbleSenits What i the positon test? ‘A. Whether they ‘aight have seen each ollits sign had they chosen to idering the position of the parties with relation to each other at the moment of signing: i ‘bstruction to prevent him from doing s0, and. You can see without difficult or without having to change their relative positions or existing conditions. (Nera v. Rimando) Q.Towhom test apply? —~) A.Toboth and thefitness Q. What is the test of available senses? ~ ZA Tia ls basele ho hres tical ichGo sig 60 a testator © blind, he should compensate for the physical deficiency, uch at Rearing SF = er ar. tat apy AA.To tiyestator only. Itdbes not apply to WithéSes because there are special qualifications for him. (Q. oes ao require an oder for signing? Ist required thatthe testator sign frst before the witnesses? [No order i prescribed as long asthe signing is done if-qne transactiorvond there is no break or intermediary period. If there Ba break, ijnot valid. Q. Wht does “one tra A. It refers to the figning (Q. Whats therefor dea or deaf mate testators? Av If the testatoribe deat, or ¢deaf-muté, he must personaly ceo she wl if able to do so; otherwise, he shall designate two ‘Persons to ead itand communicate to himcin soine practicable manne the contents thereof. (Q. Whats the rule for blind testator? ~ A. If the testator if blind, the will shall be read to hit notary public before whom the will js acknowledged once’ by one of the subseribing witnesses, and Again, by the (Q. What is the purpose of this requirement? A So there can bi RIGOR Qs there any page where te tatters signature isnot needed? AIF the page contaird.oalyithe attestation clause the acknowledgment, there is on the margin. But the testator has to sigg/At the endf signature a¥ the left margittis not sufficient, Failure to 3 “The last page need not be signed because the testator has already. signed at the end, so there is no need to sign atthe left hil i signed on the right marth inlidated? . at tlt muyetie i Witness signs at the lft margin Batt atthe ottom. Fatal? ‘A. Ie is not raguired to be signed atthe end, as long as tir slgnatity| 3. somelatively numbered Q. Whats the purpose ofthis requremep!? A. Not so much for substitution, buf mors for thefoense of, order or chronology of the will. Q.Whatis the ideat manner of number? A. In words, “one.” “two” twee” Ifthe will is Gt amber inthis manner, itis iba long a you can show the correlation. ee portion,” mandatory? Q. When is there no need for pagination? . A. When the will hasGnly two paged, there is no need for pagination, since correlation is evident€3 ar more pages, requires pagination. — 4. attestation clause Q. What is the attestation clause? Alt states What happened in BEWiPland the cSmmpliance with the requirement of exertion. 7 Q. What does the attestation clause state? A. It should state: #1. Thenumber of, 2. That the willis: stator requires presence of the witnesses 3, That twas sigmed by the witnesses - requires the presence ofthe testator and the witnesses -12- (Whats the rule of substantial compliance as tothe atestation clause? A: In theabsence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in, the form of efestation or in the language used therein shall not render she wil invalid if ts proved thal will was in Fact executed and attested in substanti Fare BOB. ave (Q. If theres failure to state the number of pages in the attestation clause, is it fatal tothe will? A. Not ifit is contained elsewhere in the will. For example, if its statement in the acknowledgment. The number of pages cannot be proved with evidence aliunde. Only evidence found within the willis allowed. (Taboada case) Q. Does this also apply tothe required statements thatthe will is signed by the testator or thatthe wills signed by the witnesses? Sh iP ‘Caneda v.CA ‘222SCRA 781 (1993) Mateo Cabellero filed a petition for a probate of his own will, but he died before it was ‘admitted to probate. The heirs named in the will were appointed administrators, but his nephews and neces opposed thE POR, claiming that the will way ial since the seein Tea was delegbve id not state that the witnesseaignéd the will and Se oy pope ne Pe aes _Restation clause SUESTEABATY complies with Art. 18 of the Civil Code. HELD: A careful reading of the attestation clause reveals that while it does not expressly tate the circumstances that thcWiinesss3 subscribed their signatures in the presonae ‘testator and of one another. The phrase “and be si ‘same” obviously refers to the {Bslalor and not the instrumental witnesses. The defect cannot be characterized as merely involving the form of the will or the language which would warrant the application of substantial compliance rule. While the attestation clause is 7 Q. Why are the dumb BReaifed? (Not tady A. Because the Glinesseb ay Be FEqUITEE 10 Tet} the probate ofthe wil soit is easier if they can communicate via speech. = Q. Why are the deaf disqualified? A.CRCho ka Q_Is the domicite requirement applicable to Filipinos and/or aliens when their wills are executed abroad or i: RP? A. Study the following chart ‘ated in RP Executed abroad Filipinos ‘Yes. 1. Law_of the place — = Eases : govern 2. RPlawf¥e ‘Aliens Ne <—T Q. Why are those convicted. ls testimony, nd flies dsqulied> A. Because of their Thus, those convicted of murder and rape G allowed even when facing civil a>, wien bere ais their > Q Does relationship with the testator disqualify onc from being a witness? A 2. J5.¢ spouse disqualified from being a witness? ‘The possible undue influence present inthe prohibition against joint wills is not an issue in witnessing. Seon vec ntti Ape eoietcne vrata a axes (Q. What's the rule on the subsequent incompetence of te witness? — * Ac If the witnesses attesting the execution of a.will arcompetont a the time of atesting, their becoming subsequently incompetent shall not prevent the allowance of the wil. ©. Whats the eft if the person attesting he wil is a evises or legal or ifthe person has a spouse or parent, or child who is a devisees legaee of the testator? ‘A. Such devise or legacy shall, so as concems auch person, or spouse, or patgplaor child of such person, tunless there are three other competent witnesses cau wi (2. Willa witness stl be competent as a witness, ACL Such person so attesting shall by admit as a witness as if such devise or legacy had not been made or given. Q. What isaside from the ‘there are three other competent oitnesses? then beaetocerlegaey Say Q. What ifttere are te competent witese, and eof ham is a deisee? The wil eal the devises void A. The wil G we #1 subsequent disposition ~ not dated or signed 4# 2 subsequent disposition - not dated or signed — 43 subsequent disposition - dated AND signed ~ all preceding dispositione void; only #3 is valid (Q. What ste requirement ofthe authenticating witnes in the probate ofa hologr A. Teahallbe se nih casei) Sl of the testator explicitly declare sa ae Seer at ath lar} Saas fe tc ality dine shall be Tequired, In the absence of any competent witness referred to in the preceding paragraph, and ifthe court deem it necessary, expert testi ‘0. Ac. I isnot the numberof witnesses bu the credibility ofthe witnesses thats important . Rivera v.1AC 182SCRA 322 (1990) Venancio Rivera (lied’/ Jose Rivera claims to be the son and claims that Venancio died intestate. Jose was declared Kat a sofi> Adelaido, the true son, presented the will which was Holographic. Jose Rivera contested the will because Adelaido did not present Wire ‘witnesses as required, HELD: Jose Rivera is not the son of the deceased. Hence, being a mere strange, he has no personality to contest ‘and his opposition did effect of requiring, ‘witnesses. The testimony of Zenaida and Venancio Jr. who. the wills as faving been w#ltten and si their father was sufficient. Joint Wills “Fight! Fight to the last man! Fight for your lives!" Gandalf, n the Siege of Minas Tirith Q. What iste rule a to joint wills? A.Cvo of more persons-rannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit ofa third person. Q. Two Filipinos execute a joint will abroad, in a country there joint wills are allowed. Valid here? A. Joint wills executed Gy Filipinos In a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed Codicit “Not quite. There's room for a litle mare.” = Frode to Sam, handing him the book CRC A, called (“mall will” But this isa misnomer. A codicil may even be larger than the original will 1s ESO.A Wi Somat be Seta wih de fomacnaeasal, Ac ey eee ea total amendment 1. Partial amendment the codicil is Or a partof the orginal Wil} The original + the codicil is treated as one. Ie the case of 140 williworking as one, Think of f-as the amended contract, annexed to the original contract, giving rise to a ie contract 2. Total amendnignt= It is a revocation ofthe original will even if the revocation is not express. The codicil is not annexed because it becomes “subséquent to" the original wil Qply what form (notarial or holographic) must the codicil be? Does it depend on the orginal will? io Study the following chart ‘Original Wall Codieit Valid? Notarial Notarial Z YES ‘Holographic ‘Holographic 7 YES ‘Notarial Holographic YES Holographic ‘Notarial 2 YES. -17- Q. Why is it that when the original will i holographic, a codicil in the notarial form is valid? Isn't it that all insertions, corrections, resis and allemtions ofa holographic wil should be written and signed ty the testator? ‘A. The original holographic wil s{Gaks of jst one wil" The robacal coed an \eotitely separate will. So it should be allowed. Itis not an insertion or alteration at all, buta separate will, . Q. Whatis the legal effect of codicit? * A. The execution of a codicil refering toa previous will has the effect of(epublshin the will as modified by the coli. Allan’s obiter: If in a will, “1 All to X" then you purchase more land after the execution, X will not get this land. But if you bxecute a codicil which states, “I reaffirm the will I made on Dec. 26, 2003,” then the land purchased after the execution of the first will is now included in the disposition to X- Incorporation by Reference “You can't mean that You cart leavel”~ Sam to Frodo ‘CRC: Here, the paper is $f will nites itis in the same concept as having a document incorporated and made pa Will. So the paper comes together with the wif But if should ready beth exency at the Hine that the wil fat the time that the will is mace, Q. Can itbe a will? A-If so, itwould already be the codicil. It will be considere(@ new will)so the new willis a codicil Q Is there a means by which to remedy a vil wohichis oid esto frm? A. He qust mepublish the wilbend reproduce the dispositions contained in a previous one. A mere codicil will not be "el aT an incorporabOn Dy Teerence Wil oP Be CHctive, sinc(ts nota Wi effective because itis a separate will in 7520, and an Ticorporal va si Q. What ae the requisites ofan incorporation ty reference? A. The following: 1. the document or paper must be in existence atthe time of the making ofthe will. 2. the will must fleseribe and identify Ble pap S 4 the paper ritust be identified’as the paper referred to in the will. the paper must Designed by he trad the wines Sha TE Baas y the testator and the witnessescan each and even t in case of voluminous books of account or inventories — (CRC: You can prove thie Sing extrinsis evde>to show compliance withthe requirement 2. the will any ©. What dos the origina will need to shoes? ‘A lemst gent the icorported paper and state b{Gumber of ap) Whats the ofet the number of pages of he incorporated ppc is abeent? A. Then the: incorporation is invalid! _ 3. the paper must be identified as the paper referred to in the will CRC: Ther€Grust be clear evideice thatthe paper is that referred to in the will. The Rules of Court will govern as to what Spastitutes lebrevidence, Exansic evidence may be used. Note that itis not requied forthe will to be physically attached to the will, ©. Tis tat eqirement states tat it must be signed by tnLizntor AND witnoS~ Does tis mean incorporation is ald only in oar wil? A. Stud he following chart Will Tncorporated Paper atiay Notarial ‘Notarial Notarial Holographic YES - but the incorporated paper must be signed by the testator -18- ‘and the witnesses Holographic Flolographic iiss te poeeae ee ‘must be in the handwriting o! testator and signed by him; no for witnesses to sign Holographic Notaral Because the will i no ager entirely written and signed by the testator * So incorporation by reference is generally not valid fox holographic wills. Q. If books are incorporated, des it have tobe signed? A. Signing the first and the last page should be enough. Itis not clearly defined by the law if all the pages have to be signed. Revocation of Wills and Testamentary Dispositions “Do you wish then that our places had been exchanged?” - Faramir to is father. ‘we phy ie alo ay in ii ath Awe or atin rns of mind so importntin deterining enim enced? es teeta ot your mind ae in of eon he reverting five) Note: Revocation can either be@tal or Note: When revocation is done By an overt act (e.g. by tearing), it need not be done to the entire will, as long as animus revocandiis present. es ~ —— Q. How can revoeation be done? By: 1 implication of law. 2. What aresome examples of then will i revoked by implication ofa? ‘A. When there is qi annulment legal separa ation of the RUIN GPa maT maen the designation of Un(Guilty > spouse as heir in the wills revoked by aperation af aw. Q. Is the will totally revoked? ‘A. As a general rul/no,) Only those provisions thatffect the guilty spouse will “The exception is ifthe only, disposition n he wits Gat whuch & Sega Uae ees Hotere Q, ‘have some other examples for when a willis revoked by implication of law? O5Piy rveestimreedico meme? Apennines required when the testator revokes. As long as you have yous legitime, there is no need to justify the inequality. Q. What are the requisites for a valid revocation by a subsequent instrument? A. They are: <19- BesT THESLC 1. subsequent instrumental campy with the formal requistes ofa will 2. Getator mus poses lelamentay capaci 3. subsequent instrument mu contairkgn express TEVOCTORY ClaWEg{orbe incompatible with prior will (Q. Whats the doctrine of dependent relative revocation? A. The doctrine states that where the Get of destruciiGnvis connected with the making of another will so as fairly to raise the inference thatthe testator meant the revocation of the old EP yor ee to be bec d dependent upon reason, ris the efficacy of the new disposition: and if, for any (Molo v. Molo) Q. Testaior executed Will 1. Then he executed Will 2 which od Will 1. If Will 2 is void for non-compliance with « formal requisite is Wi Lesiagtated? Why? ‘Wi eats tn Samet. Nea, he Cour ede dechne of dependent rate rect. The Contin Molo ¥. Molo said, that even inthe supposition that the destruction of the original wll by the testator could be presumed from the faikure of the petitioner to produce itin court, such destruction ca ‘because ofthe fact that it founded on the mistaken has been validly execyted and would be given due effect. The theory on ‘which this principle is predicated is thatthe testator did not intend to A"intestale, And this intention is clearly manifest ‘when he executed two wills on two different occasions and instituted his wife as his universal heir There can therefore be no ‘mistakes to his intention of dying testa. ‘Aller: CRC mentioned tat the dftine TSpERTEAC RIA TGETEN i not rally necessary. The tat shoud be f the second wil can pass probate. ‘There is = n between an in inoperative will, and an invalid wil. An inoperative but valid will cannot pess property, but this i immaterial, since it will allow revocation to take place. () Q Willa “Ail tox" Will 2 ~ “Revoke Will 1” Will 3 ~ “Revoke Wil 2” - is Will revived? A.No. Will is not revived unless Will 3 expressly revives Will 1, Q. How do you revive a will which was revoked? Atwooans IC RepebIGRBRR< execute acpi to revive Wil thse effective only when the wis revobed not whee dhe yell a void as to formalities 2. Recexecutions for wills which are void as to formalities Q Will ~ “Atti x” Will 2 “Allo Y" > iplicdly moka Wl 1 Will3=“All to 2” > impliedly revokes Wil 2, Effect? A Revives (FHI unless Will Land Will Tare inconsistent. 2. By an overt act Here, yoCevoke’y previously executed will, Any act coupled with animus testandi is sufficient. The intention of the person is ascertained, butt is Qludzmeat alls Not Wat the presumption is slwaye tat ie eco esate Q The Code says the overt ects are burning, tearing, cancelling. or obliteating te will. Is this exclusive? eee ‘You can wrap it around stone and thraw itto the sea or you.can flush it down the toilet. Q. Does burning and tearing require destruction to the point that it can’t be read? A(No} a physical act with intent to revoke is sufficient. CRC: The destruction or burning or tearing of the will may be done to ‘Therefore, the doctrine of dependent relative revocation @lay also apply, otapply. In the case of cancellation, the cancellation is done after tion of a will. For the cancellation of a holographic will, the authentication with the. full portion cancelled will cease to exist. ly However, if what is cancelled i the Gale-or the signature) then the holographic will becomes void. The cancellation of specific provisions is okay. — -20- Q.s cancellation altowed in notarial wills? A. Puno and Reyes say/0 To execute a notarial will, you need witnesses and_a notary, so even if you authenticate the cancellation on the notarial will with your full signature, it does not have the required formalities of the attestation by witnesses and the acknowledgment by the notary. . 2. Who peor the overt act of cancelation? gstator himself, or by some other person in his presence, and by his express direction. Note that cancellation by a Gaui pati Ean be done to both notarial and holographic wils. To prove cancellation, you need shde 1)'the overt act, Gach 2} intention to revoke Q. Vihat if the overt act is done by an unauthorized person? cee A. If bumed, tom, cancelled, or oblitera ‘Some other persos.- without the express direction of the testator, the will may. tlle estas, and teeta dd in acdc tow icone and dae cccton, an he fac of Unauthorized destruction, cancellation or obliteration ste established according tothe Rules of Court. Gago v. Mamuyac 49 Phil. 902 (1927) ‘The loss of unavailability of a will may, under certain circumstances, give rise to the presumption that ithad been revoked by physical dest Ganv. Yap 104 Phi. 509 1958) ‘The execution and the contents of a lost or destroyed holagraphic will may not be proved by the imony of witnesses who have seen or read such will Rodelas v. Aranza LI9SCRA 16 (1982) holographic will m it mat Eat a ellostate coppoor Xerox sopy Of because comparison canbe made with the standard writings ofthe testator. 4 revocation. Buta revocation which states the reason and the reason isa false cormat © tale Ge ater seg voRd Eause can only be proven if itis tated in a subsefuent will or codici-Oerwise, fev Scation will stand —————————————————— core Q. What law must be observed in revoking wills? A. Study the following chart: Revocation done Testator domiciled in RP “Testator not domiciled in RP 1. Outside RP 1. Taw of the place whese the | 1. law of the place-where-wil —_ will was was made 2 2._Sanr of place of domicile 2D inside RP RPI RElaw Codal provisions which were not discussed: » - Art 832. ‘Rzevocation made in a {hall take ef if the new will should become inoperative by reason of the incapacity ofthe heirs, or or by their renunciation. 7403} a Art 834. ‘The Sctgnition of an legitimate chiPuoes not lose its legal effect, even though the will wherein it was made sould be revoked. (714) -21- Probate of awill "Aareat shadow has devarted.* ~ Gondalf. in bed with Frodo. ‘CRC: The matters taken up in probate are very limited. They are: 1. Jdentity of the will - whether the will was made by the testator 2 Tomales 3. due execution 4. téstamentary estamentary capacity us of is he eae court Ia aa, Note at fore he wil dite ino probate nt zal enforceable, It isust an expression ofthe estat? desires Q. What are the exceptions tothe general rle that only those 4 matters can be taken up by the probate court? A They ar slows z Sar the provisions are intrinsically oid “Y- 1 Ownership of property General rule: Ownership of property is nok passed upon in-probate. It is to be determined in the inclusion/exclusion Exception: It can be ._But the determination of the probate court does not settle the matter with finality. It is just G provisional determination of owner}ip. Anyone can stil aim ownership ofthe property. Gaels io sae peel ty Manel STE oe eta ee sates aa anwar dummics. The es cade peta CT he nang of fe comet tnd une Se tore ee ta iifetune, or Lay Lim v.CA ‘323 SCRA 102 (2000) lied intestate. His widow Rufina Lim petitioned to include the assets of certain ofthe esate ofthe dessus She calms thet Pastor Lim, during his lane tat he deterination & merely provsoral anyway and isnot concave, HELD: If a property TCT is involved, the presumptive conctusiveness of such tte shold be guck due weight snd in th stseee of Song eompeing svensk contrary, the holder thereof should he considered as the ownerof the property_in

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