CIVIL LAW- Wills and Succession Memory Aid

7/28/2019 CIVIL LAW- Wills and Succession Memory Aid

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CIVIL LAWSUCCESSIONCHARACTERISTICS OFSUCCESSION

1. Mode of acquisition2. The property, rights and

obligation to the extent ofthe value of the inheritancetransmitted

3. The transmission takesplace only by virtue of death

4. Transmission takes placeeither by will or by operationof law

5. The transmission to another

REQUISITES FORTRANSMISSION OF

RIGHT TO SUCCESSION(Time of vesting of thesuccessional right).

1. Death of the decedent2. Express will of the testator

calling succession and/orprovision of law prescribingsuccessors

3. Rights or properties aretransmissible

4. Transferee is capacitated toinherit

5. Acceptance of theinheritance by thesuccessor

KIND OF SUCCESSION1. Testamentary succession

by will2. Intestatesuccession in

default of a will3. Mixed

TREATMENT OFACCRUALS UNDER THELAWS OF SUCCESSION

1. Accrual after the making ofthe will

2. Accruals after the death ofthe testator

3. Accruals do not alwayspertain to the testate heirs

4. Accruals will always pertainto the testate heir

WILL an act whereby aperson is permitted, with theformalities prescribed bylaw, to control, to a certaindegree the disposition of hisestate, to take effect afterhis death.


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VALIDATY OF WILLSa. Extrinsic of wills

1.Governing law as to timeFILIPINOS: Art 795

law in force when willwas executed

FOREIGNERS: Samerule (assumption: willis being probated here)

2.Governing law as to placeFILIPINOS:

Law if citizenshipLaw of domicileLaw of residenceLaw of place of

executionPhilippine lawFOREIGNERS:

Law of citizenshipLaw of domicileLaw of residenceLaw of place of

executionPhilippine law

b. Intrinsic1. Governing law as to timeFILIPINOS:Art. 2263 law at time

of deathFOREIGNERS

Art. 16, Art. 1039-depends on personallaw

2.Governing Law as toplaceFILIPINOS: Art 16, Art

1039 Philippine lawFOREIGNERS: Art. 16,

Art 1039 NationalLaw

TESTAMENTARYCAPACITY1. all persons not expressly

prohibited by law2. 18 years old and above3. Sound mind

2 KINDS OF WILLS:1. Notarial will Art 804-

806, & 807-808 in specialcases

2. Holographic Art. 804 &810

COMMONREQUIREMENTS THAT

APPLY TO THE 2 KINDSOF WILLS1. In writing


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2. In a language or dialectknown to the testator

REQUISITES FOR VALIDNOTARIAL WILL1. In writing2. Executed in a language or

dialect known to thetestator

3. Subscribed by the testatorhimself or by the testators

name written by someother person in hispresence and under hisexpress direction at theend thereof, at thepresence of witnesses

4. Attested and subscribed

by at least 3 crediblewitnesses in the presenceof each other, on the leftmargin

5. Each and every pagemust be signed by thetestator or by the personrequested by him to writehis name, and byinstrumental witnesses inthe presence of eachother, on the left margin.

6. Each and every page ofthe will must be numberedcorrelatively in lettersplaced on the upper partof each page

7. Must contain anattestation clause, statingthe followinga. The number of pages of

the willb. Fact that the testator

signed the will andevery page in thepresence of witnesses,or caused some otherperson to write hisname under his expressdirection

c. All witnesses signed thewill and every pagethereof in the presenceof the testator and ofone another

8. Must be acknowledgebefore a notary public

ADDITIONAL REQUISITEIF DEAF OR MUTE:Must either:1. Read will personally, if

able to do so


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2. Otherwise, he shalldesignate 2 persons toread it and communicateto him the contents

ADDITIONAL REQUISITEIF BLINDWill shall be read to himtwice:1. Once by one of the

subscribing witnesses

2. Once by the notary publicbefore whom it isacknowledged

REQUISITES OFHOLOGRAPHIC WILL:1. In writing

2. Executed in a language ordialect to the testator

3. Entirely written, dated andsigned by the hand of thetestator himself

AMENDING A WILL1. Notarial will can only be

amended through acodicil

2. Holographic will can beamended in 3 ways:

a. Dispositions may beadded below

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CIVIL LAW- Wills and Succession Memory Aid