1. TESTATE vs.

INTESTATE

Testate

- means “with a will’

- occurs when a person dies and leaves a will in which their estate will be distributed as they bequest in the
will however legal rights will still have to be satisfied

Intestate

- means “without a will”

- occurs when someone dies without a will in which their estate is distributed by the laws of intestacy

Same: regimes to regulate the law of succession

3. TRANSMISSIBLE vs. INTRANSMISSIBLE RIGHTS

Transmissible

- refer to rights which can be transferred to another by their nature and not otherwise prohibited by a
stipulation or by law
- are generally those which are proprietary in nature thus, anything “owned” is technically
transmissible subject to the exceptions provided by law

Intransmissible

- are rights that do not pass on to one's heirs or assigns

- those which are purely personal, either by provision of law, such as in cases of partnerships and
agency, or by the very nature of the obligations arising therefrom, such as those requiring special
personal qualifications of the obligor

Same: determines the transmissibility of rights

4. SUCCESSION VS. INHERITANCE

Succession

- refers to a set of regulations through which property is passed intestate, that is, without a will or testament,
in accordance with the deceased’s will and testament or the personal law rules that apply to it after death.

Inheritance

- the act of transferring property to a person’s legal heir after death, whether through a “will” or in accordance
with the current laws governing inheritance, possession, titles, debts, and liabilities

Same: both deals with the property, rights and obligations of a person
5. NOTARIAL VS. HOLOGRAPHIC

Notarial

- in writing

- executed in a Language or dialect known to the testator

- Subscribed at the end thereof by the testator himself or by the testator’s name written by some other person
in his presence, and by his express direction.

- The testator or the person requested by him to write his name must also sign every Page, except the last, on
the left margin in the presence of the witnesses

- Attested and subscribed by three (3) or more credible witnesses

- Must contain an Attestation clause

- Must be acknowledged before a Notary public

Holographic

- Entirely written, dated and signed in the handwriting of the testator.

- In a holographic will, the signature must be at the end of the will.

- If lost or could not be found, can be proved by means of a photostatic copy (photocopy).

- May not make a holographic will in Braille because the writing in Braille is not considered
handwriting

- A holographic will is still valid despite no institution of an heir and the creation of a trust to manage
the income of a portion of the estate for distribution to the beneficiaries

Same: Both types of wills serve the primary purpose of disposing and distributing a person's property and
estate upon his or her death

6. TESTAMENTARY CAPACITY VS. TESTAMENTARY POWER

TC

- Otherwise known as passive testamentary capacity

- the right to make a will provided certain conditions are complied with; namely that the testator is not
prohibited by law to make a will, that the testator is at least 18 years of age, and that the testator be
of “sound mind” at the time of the execution of the will.
- the legal term of art used to describe a person’s legal and mental ability to make or alter a valid will

Testamentary power
 - Otherwise known as active testamentary capacity
- the privilege to given by law to a person to make a will.
- the power to make a will/codicil.
- the statutory right to dispose of property through acts that are effective mortis causa (a right given
usually as a consequence of ownership and respect for family relations).

Same: kinds of testamentary capacity

7. ATTESTATION VS SUBSCRIPTION

Attestation

- is a mental act by which the testator gives proof for the probate of the will regarding its authenticity
and due execution.
- only one attestation is required per will
- the attestation shall state the number of pages used upon which the will is written.
- an act of the senses
- it is the act of the witnesses not that of the testator, although it necessarily involves the acts of the
testator in executing the will.
- Its purpose is to render available proof during the probate proceedings that the will has been
executed in accordance with the requirements prescribed by law and that the instrument offered for
probate is authentic.

Subscription

- an act of the hand

- consists in the manual act of the instrumental witnesses in affixing their signatures to the instrument.
- Its only purpose is identification.
- Each and every page must be prescribed

Same:

8. WILL VS. CODICIL

Will

- also known as a last will and testament

- is a legally enforceable declaration of how a person wants their property and assets distributed after
death.
- the format of wills can vary, but most follow a fairly uniform layout.
- validated through a court process known as probate.

Codicil

- an addendum of any kind to a will.

- a written amendment or alteration to an already existing will
- can involve minor changes or deletions to a will, such as updating the personal property to be
distributed. However, in other cases, a codicil may also involve major alterations.
SAME: A will and a codicil are estate planning instruments used in an individual’s estate plan.

9. REPUBLICATION VS. REVIVAL OF WILL

Republication

- a method by which the testator restores to validity as his will an instrument formerly executed by
him as his will which was originally invalid for want of proper execution
- takes place by an act of the testator
- can apply to wills which were expressly and impliedly revoked
- The testator cannot republish, without reproducing in a subsequent will, the dispositions contained
in a previous one which is void as to its form.

Revival

- takes place by operation of law

- can apply only to impliedly revoked wills.

Same:

10. ANTE MORTEM VS POST MORTEM

ante mortem probate

- where the testator tests the validity of his will before the probate court during his lifetime.
- there is opportunity to change if there are defects in the testamentary dispositions.

post mortem probate

- where the proceedings are held after death of the testator.

Same: kinds of probate

11. REVOCATION VS DISALLOWANCE

Revocation

- revokes all of the wills and codicils that the testator have made in the past.
- Its purpose is to prevent any of the earlier wills and codicils from having any legal effect after the new
simple will is executed.
- a voluntary act of the testator
- is with or without cause
- may be partial or total

Disallowance of will
 - given by judicial order
- means that the will cannot transfer the ownership of the properties stated in the will.
- must always be for a legal cause.
- always total (except when the ground of fraud or undue influence for example affects only certain
portions of the will).

Same:

12. PRETERITION VS. DISINHERITANCE

Preterition

- is the omission in the testator’s will of the forced heirs or anyone of them, either by not mentioning
them, or although mentioned they are neither instituted as heirs nor are expressly disinherited.
- annuls the institution of heirs, except devises and legacies insofar as the latter are not in officious.

- is a testamentary disposition depriving any compulsory heir of his share in the legitime for a cause
authorized by law.

- In disinheritance the nullity is limited to that portion of the estate of which the disinherited heirs
have been illegally deprived.

Same: both provide cases where the institution of heirs is VOID, but the legacies remain valid.

13.imperfect disinheritance vs preterition

In cases of imperfect disinheritance because there will be a partial annulment of the preterited heir‟s
legitime.

The person disinherited may be any of the compulsory heir

Always express

Always intentional

Partial annulment of institution of heirs

Instituiton remains valid, but must be reduced insofar as the legitimate has been impaired

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Preterition is the omission in the testator’s will of the forced heirs or anyone of them, either by not
mentioning them, or although mentioned they are neither instituted as heirs nor are expressly disinherited.

The person omitted must be a compulsory heir in the direct line

Always implied

May be intentional or unintentional

Institution is completely annulled

14.compulsary heir vs voluntary heir

The primary compulsory heirs are your legitimate children and descendants. The concurrent compulsory
heirs are your spouse and illegitimate children. Your secondary compulsory heirs are your legitimate parents
and ascendants.

Compulsory heirs – called to succeed to the portion of the estate known as LEGITIME.

B. Voluntary heirs – called to succeed to the whole or an aliquot part of the disposable portion. (e.g. Testator
gives ¼ of the free portion to a friend. Friend is a voluntary heir.)

15.acceptance vs repudiation

Same: - the acts of acceptance and repudiation are free and voluntary

- The effects of the acceptance or repudiation shall always retroact to the moment of the death of
the decedent

Acceptance
 - Acceptance refers to the act by virtue of which an heir, legatee or devisee manifests his desire in
accordance with the formalities prescribed by law to succeed to the inheritance, legacy, or
devise.
- Acceptance may be express or tacit.

Rep

- Repudiation refers to the act by virtue of which an heir, legatee or devisee manifests his desire in
accordance with the formalities prescribed by law not to succeed to the inheritance, legacy or
devise.
- The act of repudiation is more solemn and formal than the act of acceptance. Hence, the manner
by which it is made must be clear, expressed, and formal.