Basic Succession Law

BASIC SUCCESSION LAW
Art 774-804
January 9, 2024
Art 774. Succession – is a mode of acquisition by virtue of which the property, rights and
obligations to the extent of the value of the inheritance, of a person are transmitted
through his death to another or others either by his will or by operation of law.
It is the substitution of a decedent or deceased person by a living person in all the
property, rights and obligations which in life belonged to the former.
Kinds of Succession Art 778

As to origin
 Testamentary or testacy (by will)
 Legal or intestacy (by operation of law based on decedent’s presumed death)
 Mixed (testamentary and legal)
As to effectivity
1. Inter vivos (takes effect during the lifetime of the decedent)
2. Mortis Causa (takes effect after death of the decedent)
Note : Common understanding of the succession is the after death of the person.
As to extent
1. Universal – covers all property, rights and obligations of the decedent
2. Particular- limited to certain specific terms
As to part of the property transmitted

 Forced or compulsory – takes place with respect to legitime
 Voluntary takes place with respect to the free portion
Elements of Succession
1. Death (either actual or presumed of the decedent- concept of presumptive
death- court action absent for certain year despite of diligence effort
2. Transmissible inheritance
Note: Transmissible in nature. Those who are personal to the decedent cannot be
transferred. Ex. Position
3. Successor or successors (living and capacitated to inherit)
Note: Rule on Escheat- The property of the deceased person may go the court.
4. Acceptance or non repudiation by the successor of the inheritance.
Note: Succession technically speaking- is an act of generosity of the decedent no person
shall be compelled to accept the generosity of another. The succession to be complete a
person who is supposed to accept a decedent inheritance must accept it.
Acceptance may occur express or implied. The heir should not repudiate the succession
or the inheritance
Notes on the Death of the Decedent

Art 777. It is the moment when the rights to succeed are transmitted.
Note: The death is the operative act of the decedent it is not the settlement of the
state nor the registration of the property but rather the death of the person by which
the successor will acquire their rights to succeed.
Note: Ones a person dies the heirs are considered co- owners of everything the
decedent left.
A person may be presumed dead for the purpose of opening his succession.
Art 390 of Civil Code
 Person who is absent of at least 10 years shall presumed death for purpose of
opening his succession
 If he disappeared after the age of 75 years. Absent of 5 years shall be sufficient
 However, if disappearance happened under exceptional circumstances:
- On a board of vessel, plane, in times of war, etc. an absence of 4 years shall be
sufficient.
Note: It is not automatic there must be a court declaration of the presumptive death
of the person.
Notes on Inheritance
-It refers to property rights and obligations of the decedent not extinguished by death.
 Patrimonial rights or relating to property are generally part of the inheritance
they are not extinguished by death.
 Rights or obligations ( such as between creditor and debtor) are by nature of
transmissible
 Also includes all which have accrued since the opening of the succession
Note: interest, fruits, this is also form part of inheritance. For Ex. Property of decedent,
binabayaran parin ng lessee yung rents this obligation can be brought to the estate of
the decedent.
Note on Successor
-the successors are the heirs or those who are called to the whole or to an aliquot
portion of the inheritance either by will or by operation of law.
Kinds of heirs
1. Voluntary- those instituted in the will to succeed to the inheritance or portion
thereof which the testator can freely dispose
Note : Even if he is not part of the family or relatives.
A partner (girlfriend can succeed inheritance)
2. Compulsory or forced- those who succeed by force of law to some portion of the
inheritance, in an amount predetermined by law, known as legitime.
Testamentary Succession: Wills

Art. 783 Will- an act whereby a person is permitted, with the formalities prescribed by
law, to control certain degree the disposition of his estate to take effect after his
death.
Kinds of Wills
1. Notarial or ordinary- that which requires compliance with formalities prescribed
by law.
2. Holographic- that which is entirely written, dated and signed by the hand of the
testator himself.
Characteristic of Wills:
 Unilateral
 Strictly personal- the following are solely dependent upon the will of the testator
 Duration of the efficacy of the designation of the heirs, devisees or legatees
 Determination of the portions which they are take, when referred to by name
and
 Determination of whether or not the testamentary dispositions.
However the following may be entrusted to a third person:
 Distribution of a specific property or sums of money that he may leave in general
to specified classes or causes;and
 Designation of the persons, institutions or establishment to which, such property
or sums are to be given or applied
Other Characteristics:
 Free and voluntary act
 Formal and solemn act
 Act mortis causa
 Revocable during testato’s lifetime
 Individual act
Interpretation of Wills
 The testator’s wishes and intention as expressed in his testamentary dispositions
constitute the first and principal law in the matter of testaments
 In case of doubt and the testamentary disposition is capable of two or more
interpretations, that which prevent intestacy will be preferred
 Where the language of the testamentary disposition is expresses clearly and
precisely, the only function of the court is to carry out the intention of the
testator a manisfested in the will itself.
Kinds of ambiguities in a Will

 Latent or intrinsic validity- that which does not appear on the face of the will and
is discovered only by extrinsic validity
 Patent or extrinsic ambiguity- that which appears on the face of the will itself
How Corrected:
 In case of latent ambiguity, the mistakes and ommissions may be corrected by
consideration of the words of the will itself and extrinsic or parol evidence
(except oral declarations of the testator)
 In case of patent ambiguity, the intention of the testator is to be ascertained
from the words of the will, taking into consideration the circumstances, except
oral declaration of the testator
Law Governing Validity of Wills

Extrinsic Validity- law of the place of execution (Art 17, CC) and the law in force at the
time it is made (Art 795, CC)
Note: a joint will is void in the philippines even if valid in the country where it was
executed (art 819, CC)
“Lex loci celebrationis”. Kung saan ginawa ang will and testament
Intrinsic validity- national law of the decedent (art 16, CC) and the law ate the time of
the death of the decedent (Art 774,2263, CC)
Testamentary Capacity
 refers to the ability as well as the power to make a will.
 Must be present at the time of the execution of the will.
 Requisites:
 At least 18 years of age
 Of sound mind, i.e, the ability to know
 The nature of the estate to be disposed of;
 The proper objects of his bounty;and
 The character of the testamentary act
Art 800. The Law presumes that every person is of sound mind unless;
 One month or less before making his will, the testator was publicly known to be
insane
Note: Those interested person of will should proved that this testator was sane at
the time of the execution of the will. (Taong makakatanggap ng mana)
Art 801. Supervening incapacity does not invalidate an effective will, nor is the will of an
incapable validate by the supervening of capacity.
Note:
 If at the time of the execution of the will he was of sound mind. It doesn’t affect
the will if later on after executing the will he become insane because it was only
called supervening incapacity what is important is that he was capacitated and of
sound mind at the time he executed the will.
Similarly if the testator was unsound mind at the time he executed the will it will not be
cured if later on he becomes capacitated( naging maayos yung pag iisip niya) what he
should do is to execute a new will or if not then re execute his will at the time he was
insane because the new will be determined or the capacity to execute this will be
determined at the time of the execution of the second will. The first will was revoked or
abandoned.
Effect of Certain Infirmities

 Mere senility or infirmity of age does not necessary imply that a person lacks of
testamentary capacity.
 Physical infirmity or disease is not inconsistent with testamentary capacity
 Persons suffering from idiocy (those congenitally deficient in intellect), imbecility
(those who are mentally deficient as aresult of disease), and senile dementia
(peculiar decay of the faculties whereby the person afflicted is reduced to second
childhood) do not possess the necessary mental capacity to make a will.
 Intoxication or use of drugs do not affect testamentary capacity, UNLESS the
testator has used intoxicating liquor or drugs excessively to such extent as to
impair his mind, so that at the time the will is executed, he does not know the
extent and value of his property, or the names of persons who are the natural
objects of his bounty.
 EFFECT: Testamentary incapacity invalidates the entire will.
Formalities of the Will

1. Common Formalities
 Every will must be in writing; and
 Executed in a language or dialect known to the testator
Note: In a notarial will, the testator need not perform the mechanical work of writing
the will, so long as a will is signed by him or by someone else in his presence.
The presumption is that the testator knew the language in which the will has been
written which presumption should stand unless the contrary is proven
**Kung English yung will hindi ibig sabihin void na siya dahil hindi marunong o magaling
mag English yung tao, it has never have formal instruction or formal education at ang
alam niya lang ay local dialect in the place where he or she resides that presumption
doesn’t apply. It can be proven that the testator had never learn or understood
English language.
2. Special formalities
 Notarial or Ordinary Wills
 It must be subscribed at the end by the testator himself or by the
testator’s name in the written by some other person in his presence
and by his express direction
 It must be attested and subscribed at least three or more credible
witnesses in the presence of the testator and of one another
 It must be signed by the testator of the person requested by him to
write his name and the instrumental witnesses of the will on each and
every page thereof, except the last, on the left margin
 All the pages must be numbered correctively in letters placed on the
upper part of each page
 It must contain an attestation clause stating the matters mention in
Art 805,Cc
 It must be acknowledge before a notary public by the testator and the
witnesses.

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BASIC SUCCESSION LAW

Kinds of Succession Art 778

As to part of the property transmitted

Notes on the Death of the Decedent

Testamentary Succession: Wills

Kinds of ambiguities in a Will

Law Governing Validity of Wills

Effect of Certain Infirmities

Formalities of the Will

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