Succession

Article 774.

5 Requisites that succession is a mode of acquisition (DECAP)

1. Death
2. Existence of the Successor
3. Capacity of the Successor
4. Acceptance on the part of the heir o
5. Provision of the law

The heirs is liable pag binenta ni defendant sa 3rd party yung property fradulenty,

- monetary value lang sila liable

Art. 776

Property
Rights
Obligations

Art. 777

Before the Testator Dies After the testator Dies

Right of Heirs
- Mere Inchoate Right - Absolute
- cannot be subject - No need to file for Heirship
to mortgage

The right to succession is automatic

is delivery of property is sine qua non?

- No, because the right of succession is from the moment of death.

Article 779 - Designation of an Heir

it includes Devisees ( Real Property)

Legatees (Personal Property)

Art. 781.

- Last sentence
The principal is the property itself
The fruits are not part of the inheritance
- Are inherited by the heirs in their capacity as owners of the property

Art. 782

- Universal succession
The heirs will succeed in entire and whole estate

2nd paragraph
- Definite or specific property
- PARTICULAR SUCCESSION

Kahit may omitted na heir sa Valid padin itong dalawa

Devisees
Legatee
Art. 783

- refers only to Natural Persons

To control to a certain degree the disposition of his estate

T+
A B C

LEGITIME PORTION 3M FDP 3M

legitime Portion is limited to compulsory heirs

Article 784 t0 787

Characteristics of a Will.
1. Purely Personal Act
2. Free Act
- without undue influence, without intimidation, without fraud
3. Dispositive Property
4. Revocable
5. Formally Executed
- kung masunod ang form, VOID
- cannot be cured
6. Testamentary Capacity of the Testaor
7. Unilateral Act
8. Mortis Cause - from the moment of death
9. Animus Testandi - intent to dispose when he dies

Article 818

Joint Will
- is not valid under our jurisdiction

H & W

Article 784
- the making of a will is purely personal
Mechanical Aspect is valid
- cannot be delegated

Art. 786
- Exception sa 784
1. The distribution or Power of Apportioning of

i.e
Set Aside 10M for Bar Topnothcer with grade of 90%

2. Designation of Person or Institution

i.e

Art. 787
Art. 792
- invalid disposition

General Rule
- kahit may invalid disposition, the flow itself does not effect the other
disposition
Exception
- it is the intention of the testator

Art. 791
- As long as the will is invalid
- Testacy is preferred over intestecy as long as the will is valid

Art. 793
- After acquired properties shall pass upon

i.e
I will give you 1 car
At the time of making of the will, isa lang tlaga sasakyan nya.
pero at the time of death Lima na

G.R - Only 1 car will pass upon

Exception

if the will mention "All of the cars upon my death, will pass upon F. my legatee
1 + 5 = 6 cars

Art. 798

Si Testator ba kailangan ba sound mind? Before and After the execution of the will

Answer
No. Soundness of mind must be exist at the time of execution of will

Art. 799
The testator knows
N - Nature of his estate
O - Proper Object of his bound
C - Character of his Testamentary Act.

kahit hindi sya of soundmind

Kahit binge o bulag, basta alam nya yung NOC

pano kung LASING - not automatic, pero kung hindi nya alam ang NOC, magiging
unsound mind sya

Art. 800
- 1st sentence
- the law presume that every person is sound mind
Conclusive Presumption Sec. 2 131
Disputable Presumtion Sec. 3 131
- it may be contradicted or overcome by other evidence
The testator is considered Sane

Burden of Proof vs Burden of Evidence

- it does not shift - nagbabago ito
- i.e inosente ako - pwede kontrahin through testimonial evidence

Art. 801
- Supervening incapacity does not invalidate the will

Art. 803
sa Pilipinas hindi pwede oral will

Art. 800

Instances when the Testator is insance

1. Publicly known na insane ( 1 month or more)
2. Judicial Declaration na testator is insane

Kung insane ang Parents and Children, hindi automatic na insance ang Testator

Art. 804
- There is no particular form as long as the testatmentary will is concern
- Bisaya yung testator, the testator does not know how to speak in english
tapos will is english - VOID
- the language of the will must be known to the testator

Art. 805
Requisites or Preconditions
1. The Will must be signed by the testator or Agent