Contracts Instransmissible – purely personal, incases of partnership and agency

Constracts to the payment of debts are not transmitted to the heirs

The human body is not part of inheritance. However, a legacy made by will of human body.. can
be valid without waiting for the probate of will as long as executed in good faith

Renato vs Bayhon
Purely money debts are not liablity of heirs
Defendant dies before entry of final judgement – action shall not be dismissed but wait
for entry of final judgment
The debts subsists against the estate. NO property may be transmitted unless debts may
be settled.

Republic Stronghold vs Asahi

Construction were complained of because of the delay of the project.
Jose Santos died (Stronghold). No holding office.
Asashi bond was
The death of creditor and debtor does not extinguish the obligation. Only obligation that
are personal are extinguish by debt.
As a surety Stronghold is solidarily liable with Jose Santos

Leonado vs Leonado
WON the lease contracts binds the heirs and if it automatically renewed.
The heirs are bound by the contracts entered by the decedent.
While the option to renew the lease is enforceable, there is no positive act of Orlando
wife. The silence of wife cannot be taken that she opted to renew.

Free Portion – remainder of estate after legitmes have been satisfied.

Compulsory heir – they are both testamentary heirs or compulsory
Intestate heir – those who succed by law. Not all intestate heirs are compulsory heirs.

Last element – Acceptance or Repudiation

Death
Inheritance
Persons called to succeed
Acceptance

Rights to succession is transmitted to death – 777

Anghel mortage the land without the knowledge of his siblings

Other children to annul the sale.
Whether the mortgage made by one of the heirs of the decedent without
Whther the subsequent repurchase
 The subsequent acquisition , a TRUST is created for the benefit of the true owner.

Balos vs Balos
Siblings issue
Their father mortgage to bank and foreclose. No redemption. Title was issued in the name
of bank. Later, father died.
Siblings agreed in extrajudicial settlement that they would repurchase the parcel of land.
But the other sibling is the one who paid and is now gapahawa sa land.
SC said that ownership of the land was transferred to bank after period of redemption
period during the lifetime of the decedent.

WILLS
Restrictions:
1. The formalities of will
Notarial will
Holographic will
2. Limited to free-portion of the estate

Characteristics of Will
Purely personal act – if discretion to give is left to another, the provision is inoperative.
As long as the contents of the will is duly signed.

Joint will is not permitted. But reciprocal will is valid.

No

Intrinsic Validity of Will

Shal be governed by the law enforced at the time of decedent death
National law of the decedent
Order of succession
Amount
Intrinsic validity
Capacity to succeed

Ancheta vs Dalaygon
Sps both USA citizen reside 20 years in PH before death
No biological daughter. Only adopted.
Wife will was probated.
Ancheta as administrator submitted an inventory which includes forbes lot and cash,
stocks
Project of Partition
Will of Audrey left all properties in favor of husband
Intrinsic validity of Audrey is governed by national law.
The flaw of the original title is cured while it is passed to a Filipino from a foreigner?
DOMO
Foreign national – in accordance with law
Any legatee or devisee who opposes is supposed to forfeit.
Brother filed an opposition.
WON the will providing for the distribution in accordance of PH is valid
The condition imposed upon devices is illegal.
Conflict rule – the intrinsic is to be goverened by the national law.
The condition is dimissed and the will is unconditional

AMBOS Bailes case

Texas death, legitimate children in usa, illegitimate children in PH
SC ruled – decedent is not a citizen in the PH. The successional right of the children is
determined under the national law – Texas.

Ren Voir involved

Citizen of Califroania, but domiciled in PH
Conflict rule in California. If no law to the contrary, it is deemed to follow the person of
owner and domicile.

On the ground not of unsound mind since he is suffering TB. And left the properties to wife.
SC held that while the evidene has physical weakness, do not establish the mental capacity.

Presumption of the law is in favor of sanity.

Requisites of Will
1. Not requirement to be sufficient. As long