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Succession My Notes
Succession My Notes
ANS.: The right to the succession is transmitted from the moment of Essential Elements and Characteristics of a Will
the death of the decedent thru testamentary, intestate, or mixed 1. statutory right
succession. (Art. 777) 2. unilateral act.
3. solemn or formal act
4. animus testandi
TITLE IV SUCCESSION
5. testator must be capacitated to make a will
CHAPTER 1 General Provisions 6. strictly a personal act
Article 774. Succession is a mode of acquisition by virtue of which the
7. It is effective mortis causa
property, rights and obligations to the extent of the value of the 8. It is essentially revocable or ambulatory
inheritance, of a person are transmitted through his death to another 9. It is free from vitiated consent, - executed freely,
or others either by his will or by operation of law. (n) knowingly, and voluntarily
10. It is an individual act
Article 775. In this Title, "decedent" is the general term applied to the
person whose property is transmitted through succession, whether or
11. It disposes of the testator’s estate (whether totally or
not he left a will. If he left a will, he is also called the testator. (n) partially) in accordance with his wishes
- probate is needed only if property is to be
Article 776. The inheritance includes all the property, rights and conveyed by testamentary succession.
obligations of a person which are not extinguished by his death.
- it has been held that for the purpose of
Article 777. The rights to the succession are transmitted from the recognizing a natural child by virtue of a will, the
moment of the death of the decedent. will need not be probated though it must, of
Article 778. Succession may be: course, still be a valid will.
Purposes of the attestation clause Article 816. The will of an alien who is abroad produces effect in the
1) To preserve in permanent form a record of the facts Philippines if made with the formalities prescribed by the law of the
attending the execution of the will so that in case of place in which he resides, or according to the formalities observed in
failure of the memory of the subscribing witnesses, or his country, or in conformity with those which this Code prescribes.
any other casualty, they may still be proved. (n)
2) To render available proof that there has been a
compliance with the statutory requisites for the Article 817. A will made in the Philippines by a citizen or subject of
execution of the will. another country, which is executed in accordance with the law of
3) And, incidentally, to minimize the commission of the country of which he is a citizen or subject, and which might be
fraud or undue influence. proved and allowed by the law of his own country, shall have the
same effect as if executed according to the laws of the Philippines.
(n)
Article 806. Every will must be acknowledged before a notary public
by the testator and the witnesses. The notary public shall not be Article 818. Two or more persons cannot make a will jointly, or in
required to retain a copy of the will, or file another with the office the same instrument, either for their reciprocal benefit or for the
of the Clerk of Court.(n) benefit of a third person. (669)
Article 807. If the testator be deaf, or a deaf-mute, he must Article 819. Wills, prohibited by the preceding article, executed by
personally read the will, if able to do so; otherwise, he shall Filipinos in a foreign country shall not be valid in the Philippines, even
designate two persons to read it and communicate to him, in some though authorized by the laws of the country where they may have
practicable manner, the contents thereof. (n) been executed. (733a)
Article 808. If the testator is blind, the will shall be read to him SUBSECTION 4. -Witnesses to Wills
twice; once, by one of the subscribing witnesses, and again, by the
notary public before whom the will is acknowledged. (n) Article 820. Any person of sound mind and of the age of eighteen
years or more, and not blind, deaf or dumb, and able to read and
Article 809. In the absence of bad faith, forgery, or fraud, or undue write, may be a witness to the execution of a will mentioned in article
and improper pressure and influence, defects and imperfections in 805 of this Code. (n)
the form of attestation or in the language used therein shall not
render the will invalid if it is proved that the will was in fact executed Article 821. The following are disqualified from being witnesses to a
and attested in substantial compliance with all the requirements of will:
article 805. (n) (1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a document,
perjury or false testimony. (n)
Article 824. A mere charge on the estate of the testator for the
payment of debts due at the time of the testator's death does not
prevent his creditors from being competent witnesses to his will.
(n)
(2) The will must clearly describe and identify the same, stating
among other things the number of pages thereof;
(4) It must be signed by the testator and the witnesses on each and
every page, except in case of voluminous books of account or
inventories. (n)