Succession – one of the modes of acquiring ownership.

Extrinsic validity – there must be compliance with

This only happens when a person dies. specific forms, such as: legal forms and procedures, time
and place of execution, authenticity of the document,
Inheritance – what passes on to heirs. whether the will was executed by the testator.

What inheritance can be passed to heirs? Intrinsic validity – it must comply with the laws
 Obligations prevailing at the time of making of the will w/respect to
 Property disposition of properties.
 Rights. (OPR) –> will not go beyond the value of
what they inherited Purpose of will – right to control the distribution of
property even after the testator’s death. It is supreme
Other modes of acquiring OPR: and must be respected unless otherwise prohibited by
 Occupation law.
 Intellectual creation
 Sale Kinds of heirs
 Donation
 Prescription 1. Voluntary – called to succeed by testator himself
(refers to free portion, inheritance of compulsory
Probate - After a person dies, their estate must go heirs must not be affected)
through a legal process (probate) to determine the
rightful heirs and distribute the assets accordingly. 2. Legal heirs – intestate succession

Q: A man dies leaving illegitimate children, and the latter 3. Legatee – personal property (legacy)
made a claim for support. Where will the money come
from? 4. Devisee – real property (devise)
A: Against the estate of the decedent (deceased person)
5. Compulsory (forced) heirs) – instituted by
Decedent – one who dies operation of law. They can repudiate/renounce their
Testator – decedent who writes a will, whether inheritance if they do not want to inherit
holographic or notarial
Inheritance – entirety of the property, rights, and Qualifications for a testator to make a will
obligations of a person not extinguished by his death 1. Must be of legal age (18 yo)
2. Of sound mind – must know the character or concept
Criminal liability – extinguished; civil liability – subsists of a will and must be clear to his mind that he is
disposing the property; to whom and what property
A will made by an alien abroad is valid in the Philippines will be given
if it was made in accordance with the laws of the country
where the alien resided. The duration or efficacy of the designation of heirs,
devisees or legatees, or the determination of the portions
A will made in the Philippines by a citizen of another which they are to take, when referred to by name, cannot
country will have the same effect as a will made be left to the discretion of a third person.
according to Philippine laws if it follows the laws of the
citizen's home country and can be accepted and Art. 786 The testator may entrust to a third person the
recognized by that country. distribution of specific property or sums of money that he
may leave in general to specified classes or causes, and
Kinds of succession also the designation of the persons, institutions or
1. Testamentary/estate succession – with a will (notarial establishments to which such property or sums are to be
or holographic). given or applied.
2. Legal/intestate succession – without a will
3. Mixed succession – combination of testate and Testator cannot designate the following to 3 rd
intestate persons:
1. Those acts are testamentary in character, in whole or
Will made inter vivos (while testator is alive) = VOID. It is in part (making a will is a strictly personal act)
not succession but a DONATION. Succession only 2. To prevent 3rd persons from substituting his own
happens when a person dies intentions to that of testator

Testate succession
- A testator’s (deceased person) estate is distributed
according to their valid will ("last will and testament"), Testator is allowed to entrust to a 3rd person:
meaning the property is passed on to designated 1. Power to distribute specific property or sums of
beneficiaries as outlined in the will, subject to legal money, which he may have left in general to specific
limitations like the mandatory shares of compulsory classes or causes
heir 2. Power to designate the person, institution, to which
such property or sums of money to be given or
applied
 - The witnesses must be present when the will is
signed
Requisites of a valid notarial will
a. Legal Capacity of the Testator - The witnesses must sign the will in the
- testator must be at least 18 years old. presence of the testator and each other
- testator must be of sound mind at the time of
making the will. Soundness of mind implies - All pages of the will must be signed, except the
that the testator understands the nature of the last page
will, the extent of his or her estate, and the
names of the natural heirs. - The pages must be numbered in the upper left
margin
Bagtas v. Paguio – SC emphasized that the law does
not require perfect mental or physical health for - The attestation clause must state the number
testamentary capacity. The testator’s ability to of pages in the will
understand the nature of his property, the act of making a
will, and the objects of his bounty was sufficient e. Date and Place of Execution
- The date and place of execution must be
Ortega v. Valmonte – SC emphasized that advanced age
or physical infirmity does not necessarily negate stated on the will, typically at the beginning or
testamentary capacity. end of the document. This ensures clarity in
the event of multiple wills or questions about
the timing of execution, especially when
b. Writing Requirement subsequent wills may have been created.
- A notarial will must be in writing and can be f. Attestation Clause
either handwritten or typewritten. It must be
- The will must contain an attestation clause
signed by the testator or by someone else in
the testator’s presence and under their following the dispositive provisions. This
direction if the testator cannot sign due to clause, signed by the witnesses, confirms:
illness or disability. i. That the testator signed the will in
their presence.
c. Language of the Will ii. That the testator declared it to be
their last will and testament.
- The will must be written in a language or iii. That they observed the testator
dialect known to the testator to ensure signing with full mental faculties and
comprehension. If the testator cannot read or voluntary intent.
understand the document, the will is invalid, as
there is no clear indication that they knew and
- The attestation clause is critical, as it verifies
intended the provisions.
that all statutory formalities were observed.
d. Signature Requirements However, even if the attestation clause is
imperfect or incomplete, the will may still be
- Testator’s Signature: The testator must sign at valid if compliance with statutory requirements
the end of the will to avoid adding provisions can be demonstrated.
post-signature. This signature should be
placed at the end of the document to signify Herrera v. Gil – SC emphasized that the execution of a
completion. will must strictly comply with the formalities prescribed by
- Subscription and Acknowledgment by law. The attestation clause must certify that the testator
Witnesses: The testator must acknowledge the signed the will in the presence of the witnesses.
will in the presence of at least three credible
witnesses, who must also sign the will in the Further, the attestation clause in the will of Carlos Gil
presence of the testator and each other. The failed to state that the testator signed the will in the
witnesses affirm that the testator signed the will presence of the witnesses. This omission was deemed a
voluntarily and with an understanding of its fatal defect, as it went to the very essence of the clause.
contents. The Court held that such deficiencies cannot be cured by
- Placement of Signatures: The witnesses and inference or internal circumstantial evidence.
testator must sign every page of the will. This
prevents tampering and confirms that all pages Lastly, Court rejected the argument that the omission
constitute part of the same document. could be cured by the testator’s own declaration in the
body of the will that he signed in the presence of the
- The testator must sign the will or have witnesses. Allowing courts to cure deficiencies in the
someone write their name at their direction attestation clause would undermine the statutory
safeguards put in place by the legislature.
- The will must be signed by at least three
credible witnesses Bascara v. Javier – the donation mortis causa is not
considered valid and enforceable until it is probated. As it
is akin to a testamentary provision, it must comply with
the formalities required for wills under the New Civil
Code. Without proper probate, no right to the property is  Role of the Notary Public – The notary public, while
transmitted to the donee. Therefore, the validity of the not a direct participant in the will’s contents, plays a
donation is contingent upon its probate in court. crucial role in affirming the genuineness of the will’s
execution. The notary ensures that all legal
Rodriguez v. Borja – Intestate succession is subsidiary procedures are followed correctly and verifies that
to testate succession. The probate of the will must be the testator and witnesses understand their actions.
resolved before intestate proceedings can proceed.
(Testacy favored over intestacy) Q: does it mean that testator should always be the one to
write the will?
Cargo v. Cargo – The attestation clause is a legal A:
requirement that serves as a memorandum of the facts
surrounding the execution of the will. It must be signed Q: Can he delegate someone to do the distribution?
by the attesting witnesses to confirm their participation in A:
the execution process.

The law mandates that the attesting witnesses must sign Q: When a person is in prison (civil interdiction), can he
the attestation clause at the bottom. Signatures on the make a will?
left-hand margin, while complying with the requirement A: No. The convicted loses the right to do any civil act;
for signing each page of the will, do not satisfy the he loses the civil right to make a will. He can only pass
specific requirement for the attestation clause. on his estate through legal succession.

Allowing an unsigned attestation clause would create a Rules on after acquired property (APP)
risk of fraud, as it could be added to the will at a later All property acquired by a person after the making of a
time without the knowledge or presence of the testator or will, including after-acquired property (APP), becomes
witnesses. part of their estate and is subject to inheritance by their
heirs unless the will explicitly states otherwise
Court rejected the argument that the signatures on the
left-hand margin substantially complied with the law. The APP is considered part of the overall estate for
signatures on the margin serve a different purpose succession purposes, meaning the "free portion" (the
(preventing substitution of pages) and do not fulfill the part of the estate a person can freely dispose of through
specific requirement for the attestation clause. a will) is calculated based on the total value of the estate,
including any newly acquired property after the execution
Court ruled that the will was invalid due to the absence of of a will, subject to the mandatory "legitime" which must
the attesting witnesses' signatures at the bottom of the be allocated to compulsory heirs like legitimate children;
attestation clause. The decision underscores the essentially, the free portion is what remains after
importance of strict compliance with the formalities distributing the legally mandated shares to compulsory
required for the execution of wills to ensure their heirs.
authenticity and prevent fraud.
Once the legitime is calculated for all compulsory heirs,
the remaining part of the estate is considered the "free
g. Notarization Requirement portion" that can be distributed according to the will of
- After the testator and witnesses have signed, the deceased.
the will must be acknowledged before a notary
public. This acknowledgment involves the if a will clearly specifies who should inherit a piece of
testator and witnesses affirming that they property in the APP, then that property should not be
executed the document freely and with full divided into fractional shares among multiple
awareness. The notary public then applies an beneficiaries, even if there are multiple heirs; the named
official seal, confirming the authenticity of the individual in the will should receive the whole property as
signatures. intended by the testator.
- Notarization is a safeguard, adding a layer of
formality and authenticity. However, it does not Holographic will – written (from beginning to end) and
validate an otherwise flawed document; the signed by the decedent, must be dated, additional
presence of all other statutory elements is properties may be added but must be signed and dated,
essential. must be written from beginning to end.

Additional points to remember: - A holographic will is a will that is entirely written by

 Capacity and Credibility of Witnesses – Witnesses to hand by the testator.
a notarial will must be at least 18 years old, able to - It can be made anywhere, including outside of the
read and write, and of sound mind. Importantly, they Philippines.
cannot be beneficiaries or related to the testator by - There is no requirement for witnesses.
affinity or consanguinity within the fourth civil degree. - The will is valid if it is written, dated, and signed by
This ensures impartiality and the lack of vested the testator.
interests.
- If the will is contested, at least three witnesses who Joint wills
know the testator's handwriting and signature are Vitug vs. CA
required. - No other compulsory heirs (no children) except the
husband. Therefore, another reason why the SC held
Q: How holographic will probated? the survivorship agreement is valid
A: (1) At least 1 witness who knows the handwriting and - The survivorship agreement was deemed valid by
signature of the testator; (2) If opposed, must submit 3 SC. Court concluded that it did not constitute a
witnesses and one of them may be an expert in conveyance mortis causa requiring compliance with
handwriting analysis, and (3) submit documents to show the formalities of a will, nor was it considered a
his traditional way of handwriting. prohibited donation. Instead, it was classified as an
aleatory contract that allowed for the transfer of
Q: What happens if the husband of the heir is the ownership of joint account funds to the surviving
witness? spouse upon the death of one party.
A: GR: wife will lose her inheritance; XCPN: unless there - An aleatory contract is a type of agreement where
are 3 other competent witnesses. the obligations of one or both parties depend on the
occurrence of an uncertain event. In such contracts,
The law requires witnesses to a will to be "disinterested the performance or benefits are contingent upon an
party," meaning they should not be beneficiaries or event that may or may not happen, such as the
closely related to beneficiaries, including spouses. death of one party.
The witness/es must not be heirs Preterition– omission in testator’s will of one, some or
all of the compulsory heirs in the direct line, whether
The notary public must be present while the will is being living at the time of execution of the will or born after the
signed by the testator and the witnesses death of the testator.
Compulsory heirs (in order) in testamentary/testate Requisites:
succession 1. There is a total omission in the inheritance;
1. Legitimate children and descendant 2. The person omitted is a compulsory heir in the direct
2. If none, Legitimate parents line;
3. If none, surviving spouse 3. The omitted compulsory heir must survive the
testator, or in case the compulsory heir predeceased
Intestate succession the testator, there is a right of representation;
1. Children and descendants 4. Nothing must have been received by the heir by
2. If no children and descendants, parents gratuitous title.
3. If no parents, the spouse will inherit 50%
4. 50% siblings Effects of preterition
5. If no siblings, (collateral relatives) nephew/nieces - Preterition annuls the institution of heirs;
- Devices and legacies are valid insofar as they are
Witnesses to wills not inofficious;
Q: Can the compulsory and voluntary heirs be witnesses - If the omitted compulsory heir dies before testator,
to a will? institution shall be effectual, without prejudice to right
A: GR: No, a compulsory heir (an heir entitled to a fixed of representation
portion of the estate, also known as the legitime) cannot - The rest of the estate shall be distributed in
be a witness to a will, as this could create conflicts of accordance with intestate/legal succession.
interest and potentially undermine the validity of the will;
the same applies to voluntary heirs who are named to Direct line:
receive a portion of the estate beyond the legitime. 1. Children, grandchildren (right of representation if
XCPN: unless there are three other competent witnesses his/her parent dies) – descending line
to such will. 2. Parents – ascending line

Codicil – supplement to a will that has already been No preterition with respect to wife because while wife is
executed. Explains, changes, or removes certain compulsory heir, however, she is not compulsory heir in
dispositions. the direct line.

Attachment to the codicil – need not be notarized but If there are legacies or devises – they are valid as long
must be signed by the testator and witnesses. as they are not inofficious. Inofficious means when it
affects the legitimes.
Codicil essentially takes the form of a will, but specifically
functions as an amendment or supplement to an existing GR: Compulsory heirs in the descending line will exclude
will, allowing you to make minor changes to your estate those in the ascending line.
distribution without needing to create a completely new XCPN: illegitimate children can still be considered as
will document; it must follow the same legal formalities as compulsory heirs. Ascendants will still inherit.
a standard will to be valid
illegitimate children are considered compulsory heirs in
the direct line, meaning they are entitled to a portion of Note: if testator was acquitted because his guilt was
the inheritance even if not explicitly mentioned in a will, not proven beyond reasonable doubt, there is no
although their share is usually half of what a legitimate ground to disinherit the heir.
child would receive; making them compulsory heirs with
a reduced inheritance compared to legitimate children. 3. When a child or descendant has been convicted of
adultery or concubinage with the spouse of the
Eleazar v. Eleazar – a legitimate father cannot be testator;
deprived of his legal portion in the estate of his child.
4. When a child or descendant by fraud, violence,
The testator has the right to freely dispose of the intimidation, or undue influence causes the testator
remaining half of the estate, which is not part of the to make a will or to change one already made;
legitimate portion. 5. A refusal without justifiable cause to support the
parent or ascendant who disinherits such child or
Preterition, which refers to the omission of a legitimate descendant;
heir in a will, is significant in this case as it highlights the 6. Maltreatment of the testator by word or deed, by the
legal protections afforded to legitimate heirs like Eusebio child or descendant;
Eleazar. The court ruled that the disinheritance of 7. When a child or descendant leads a dishonorable or
Eusebio was null and void, emphasizing that he could disgraceful life;
not be disregarded as a legitimate heir. This reinforces 8. Conviction of a crime which carries with it the penalty
the principle that a testator cannot completely omit a of civil interdiction.
legitimate heir from the distribution of the estate without
valid legal grounds, thus ensuring that the rights of heirs For parents (includes the adopter) or ascendants:
are upheld in accordance with Philippine law. 1. When the parents have abandoned their children or
induced their daughters to live a corrupt or immoral
Disinheritance – It is the act by which the testator, for life, or attempted against their virtue;
just cause, deprives a compulsory heir of his right to the 2. When the parent or ascendant has been convicted of
legitime. an attempt against the life of the testator, his or her
spouse, descendants, or ascendants;

Note: conviction by final judgment is necessary.

Requisites of valid disinheritance:
1. Heir disinherited must be designated by name or in 3. When the parent or ascendant has accused the
such a manner as to leave no room for doubt as to testator of a crime for which the law prescribes
who it is intended imprisonment for six years or more, if the accusation
has been found to be false;
2. Disinheritance must be for a cause designated by 4. When the parent or ascendant has been convicted of
law adultery or concubinage with the spouse of the
3. It must be made in valid will testator;
4. It must be made expressly, stating the cause in the 5. When the parent or ascendant by fraud, violence,
will itself intimidation, or undue influence causes the testator
5. Cause must be certain & true, & must be proved by to make a will or to change one already made;
interested heirs if the person disinherited should
deny it 6. The loss of parental authority for causes specified in
6. It must unconditional the Civil Code;
7. Must be total
Note: judgement of the court is necessary. Upon the
*in case the disinherited heir contests, the co-heirs have recovery of parental authority, parent cannot be
the burden of proof to validate such disinheritance. disinherited.

Causes of valid disinheritance: 7. The refusal to support the children or descendants

without justifiable cause;
Children (whether legitimate or illegitimate) and
descendants (including adopted children) may be 8. An attempt by one of the parents against the life of
disinherited for the following reasons: the other, unless there has been a reconciliation
between them.
1. When a child or descendant has been found guilty of
an attempt against the life of the testator, his or her Note: Does not require conviction by final judgment.
spouse, descendants, or ascendants; But if there has been a reconciliation bet. the
parents, the common children may no longer
2. When a child or descendant has accused (either disinherit the guilty parent.
complainant or witness) the testator of a crime for
which the law prescribes imprisonment for six years For the surviving spouse:
or more, if the accusation has been found
groundless;
1. When the spouse has been convicted of an attempt A legacy or devise (a gift of property in a will) is
against the life of the testator, his or her considered revoked if it directly contradicts a subsequent
descendants, or ascendants; testamentary disposition or legal act made by the testator
(the person making the will). Meaning if the new will later
Note: Attempt against the life of testator does not includes a provision that directly conflicts with an earlier
need conviction by final judgment. But the attempt bequest, the earlier bequest is automatically cancelled
against the life of ascendants or descendants out.
requires conviction by final judgement.
Ex: If a will initially bequeaths a house to John, but a
2. When the spouse has accused the testator of a later codicil (an amendment to the will) explicitly states
crime for which the law prescribes imprisonment of that the house should now go to Mary, then the bequest
six years or more, and the accusation has been to John is revoked because the two provisions are
found to be false; incompatible.
3. When the spouse by fraud, violence, intimidation, or
undue influence cause the testator to make a will or A will revocation is valid if it follows the law of the place
to change one already made; where the will was made, or the law of the testator's
4. When the spouse has given cause for legal domicile at the time of revocation.
separation;

Note: decree of legal separation is not necessary. ART. 830

A will can be revoked by the testator at any time before
5. When the spouse has given grounds for the loss of their death, and this revocation can happen through
parental authority; physical acts like destroying, tearing, cancelling, or
Note: judgement of the court is not required. obliterating the will, signifying an intention to revoke it;
essentially, if the testator physically damages the will with
6. Unjustifiable refusal to support the children or the the intent to nullify it, it is considered revoked
other spouse.
If a will is burned, torn, canceled, or otherwise destroyed
Testate or intestate – if there are legitimate children, without the testator's consent, it can still be validated and
then parents are excluded the estate distributed accordingly if its contents, proper
execution, and the unauthorized destruction are proven
Survivors are SS and LP = LP ½, SS ¼ according to the Rules of Court.

Legitimate children – ½ of the estate, parents are If a will is found damaged or missing after the testator's
excluded. death, a presumption arises that they intended to revoke
it, although this presumption can be rebutted with
LC, SS = ½ LC, ¼ SS, ¼ DFP evidence to the contrary

In testamentary succession, there must always be a Besides physical destruction, a will can also be revoked
remaining portion by executing a new will that explicitly revokes the
previous one or by actions that clearly indicate an
Instituted heir in the free portion – either a compulsory intention to revoke, even if not explicitly stated.
heir or a stranger/friend
To successfully revoke a will based on Article 830, it is
Need for completion of legitime crucial to prove that the testator intentionally destroyed
- Special administrator will be appointed to do or damaged the will with the aim of revoking it.
inventory
- This happens if legitimes were not given or are Revocation by implication – When testator creates a
insufficiently given subsequent will, it only revokes the provisions of
previous wills that are inconsistent with the new will,
Revocation of a will meaning any parts of the earlier wills that are not
A will may be revoked by the testator any time before his contradicted by the new one remain valid; essentially, the
death. Any waiver or restriction of this right is void. (Art. new will only annuls conflicting parts of previous wills, not
828) the entire earlier will.

Ambulatory nature of wills A subsequent will automatically revokes any

- Testator can make a new will as he wants as long as contradictory provisions in previous wills without explicitly
he is alive stating so.
- The prior will shall be revoked by operation of law
A revocation made in a subsequent will takes effect,
even if the subsequent will is invalid due to the incapacity
Express revocation – when testator expressly revokes or renunciation of the heirs or beneficiaries.
the prior will
A revocation of a will based on a false cause or an illegal
cause is null and void.
 ROR where an heir predeceases the testator only
Recognition of an illegitimate child – if made in the applies to the direct descending line, meaning
prior will which had been revoked, it remains valid grandchildren can inherit in place of their deceased
parent, but this right does not extend to other relatives
This statement means that even if a will where a father like siblings or ascending lines, unless the nieces or
acknowledges an illegitimate child is later revoked, the nephews survived with brothers and sisters of the
legal recognition of that child as their offspring remains deceased.
valid and does not become null and void; essentially, the
act of acknowledging the child stands on its own Only children of a predeceased heir can inherit by
regardless of the will's status. representation, essentially "stepping into the shoes" of
their deceased parent.
Republication and Revival of Wills
If the testator creates a will that is legally invalid, they A person who renounces or repudiates his shares – his
cannot simply reference that invalid will in a new will to shares have no ROR.
make its dispositions valid; they must explicitly rewrite all
the provisions of the previous will in the new one to be An heir who renounces their inheritance, or repudiates it,
considered as part of his disposition. does not have the right of representation. This is
because the person who repudiates the inheritance
when a codicil is executed that refers to a previous will, it cannot represent themselves or any claimants under
effectively "republishes" the will, meaning it is considered them.
to have been re-executed on the date of the codicil, with
the modifications specified in the codicil applied to the A person incapacitated to inherit (ex. Civil interdiction)
original will's provisions. - may pass on to their forced heirs/compulsory
- not entitled to usufruct
if a testator creates a second will explicitly revoking the
first, simply revoking the second will later does not Disinheritance – It applies when a testator (person
automatically bring the first will back into effect; the first making a will) specifically excludes a compulsory heir
will can only be revived by creating a new will or codicil from receiving any inheritance through a valid will.
that clearly expresses this intention.
If a testator (person making a will) reconciles with a
Compulsory/forced heirs compulsory heir (an heir who is legally entitled to a
1. Descendants – (children, grandchildren) certain portion of the estate) they previously disinherited,
2. Ascendants – parents the act of disinheritance becomes void, meaning the heir
regains their right to inherit the legal share of the estate;
Voluntary heir-renunciation – 1. Check if there is essentially, reconciliation nullifies any prior disinheritance
substitution, if none 2. Accretion, if not possible 3. action taken against that heir. The law recognizes that
Intestate succession blood is still thicker than water and the possibility of
reconciliation between the testator and the disinherited
Compulsory heir who renounced/repudiated – no heir
right of representation
If a compulsory heir (a person entitled to a fixed portion
Disinheritance – there is a right of representation of the inheritance) is disinherited by a will, their legal
share (legitime) will not be lost, but instead will be
Intestate succession distributed among the remaining compulsory heirs
- Extrajudicial partition of heirs in case the entire proportionally to their respective legitimes; essentially,
estate (deceased free portion) was not disposed of the children or descendants of the disinherited heir will
- Even collateral relatives can inherit inherit the share their parent would have received,
protecting them from being completely left out of the
Right of representation (ROR) inheritance.
- Voluntary heirs have no right of representation
(because they are not compulsory/forced heirs) if
they predecease the testator. Art 856 Legitime – mandatory portion of an estate that must be
given to compulsory heirs, the law ensures that even if
Compulsory heir who has been disqualified by disinherited, their legal share will not be completely lost.
operation of law (ex. Convicted of a crime with civil
interdiction) If a disinherited heir has children, those children will
inherit the share their parent would have received
- Compulsory heir is disqualified from inheriting. through the principle of "representation".
- Illegitimate children of the compulsory heir
cannot claim because of barrier rule. Ex: A father has three children, A, B, and C. In his will, he
disinherits child B.
ROR if the heir predeceases the testator – applies only A: According to Article 923, B's share of the inheritance
to the direct descending line will not go to the other heirs directly, but will instead be
divided proportionally between A and C, as they are the 3. Simultaneity: when several heirs are instituted, they
remaining compulsory heirs. are instituted simultaneously & not successively

Grounds for disallowance of Wills Rules regarding a person’s right to dispose of his
A will shall be disallowed if: estate:
1. the formalities required by law have not been
complied with,  If one has no compulsory heirs:
2. if the testator was insane or otherwise mentally - He can give his estate to any person qualified
incapable of making a will at the time of its execution to inherit under him
(testator did not possess the testamentary capacity - However, he must respect restrictions imposed
at the time of the execution) by special laws
3. if it was executed through force or under duress, if
procured by undue influence (vices of consent)  If one has compulsory heirs:
4. if the testator's signature was procured by fraud, or if - He can give only the disposable portion to
the testator acted by mistake and did not intend the strangers (in the DFP)
document to be their will when signing it.
- Legitimes of compulsory heirs must be
Effect of disallowance – When a will is disallowed by a respected
court, it means the document is deemed legally invalid
and cannot be used to distribute the deceased person's
assets, effectively rendering the intended beneficiaries in Heirs of Montinola-Sanson v. CA – an institution of
the will with no legal claim to the estate, which will then heirs in this case is discussed in the context of the
be distributed according to the laws of intestate testatrix Montinola's right to dispose of her estate as she
succession. sees fit, given that she had no compulsory heirs. The
court affirmed that under the Civil Code, a testator
Ajero v. CA – Court reiterated that the primary purpose without compulsory heirs can choose whom to include or
of the formalities surrounding the execution of wills is to exclude in their will. The court also noted that the failure
ensure their authenticity and prevent fraud. to dispose of the entire estate does not invalidate the will
or indicate unsoundness of mind, as any undisposed
For holographic wills, the only essential requirement is portion would pass to legal heirs in intestate succession.
that they must be entirely written, dated, and signed by Thus, the testatrix's decision to exclude her only
the testator. surviving sister from the will was deemed permissible.

Non-compliance with Articles 813 and 814 (regarding Death of instituted heir before testator
unsigned or undated dispositions and unauthenticated A voluntary heir who dies before the testator transmits
alterations) does not invalidate the entire will. It only nothing to his heirs.
affects the specific dispositions or changes that lack
authentication. GR: A compulsory heir (someone legally entitled to a
portion of the estate), a person deemed legally incapable
However, testator cannot not validly dispose of the entire of inheriting, or someone who explicitly rejects the
house and lot as she was not the sole owner of the inheritance, will also not pass on any inheritance rights to
property. their own heirs.

XCPNs: the right of representation takes place in the

Institution of Heirs (DFP) direct descending line, but never in the ascending.
An act by virtue of which a testator designates in his will
the person or persons who are to succeed him in his In the collateral line, it takes place only in favor of the
property and transmissible rights and obligations children of brothers or sisters, whether they be of the full
or half blood.
Requisites for a valid institution of heir:
If a child or descendant is deemed unfit to inherit from a
1. Designation in will of person/s to succeed deceased parent due to incapacity, but they have
2. Will specifically assigns to such person an inchoate children of their own, those grandchildren will still be
share in the estate entitled to inherit the share that would have gone to their
3. The person so named has capacity to succeed incapacitated parent; however, the incapacitated parent
4. The will is formally valid themselves cannot manage or benefit from the inherited
5. No vice of consent is present property that their children receive on their behalf.
6. No preterition results from the effect of such will
When a compulsory heir dies without a will, their
3 principles in the institution of heirs: grandchildren can inherit in place of their deceased
parent (direct descending line), but their parents cannot
1. Equality: heirs who are instructed without a inherit in place of a deceased grandparent (ascending
designation of shares inherit in equal parts line). In the case of siblings, only the children of
2. Individuality: heirs collectively instituted are deemed deceased siblings can inherit a portion of the estate
individually named unless contrary intent is proven representing their parent's share (collateral line).
 Fideicommissary substitution
Heirs who repudiate their share may not be represented.
Fideicommissary substitution is a legal arrangement
where a testator leaves property to a first heir (fiduciary
If an instituted heir (a person named in a will to inherit heir) with the condition that they pass it on to a second
property) dies before the testator (the person making the heir (fideicommissary substitute).
will), the heir generally does not inherit the property and
their own heirs cannot claim it unless the will specifically It is a legal arrangement where a testator directs the first
provide for a substitute heir or the situation falls under heir to preserve and transmit a part or all of the inherited
the legal principle of "right of representation" property to a second designated heir upon their death,
essentially creating a "trust" where the first heir acts as a
When an instituted heir dies before the testator, they fiduciary to pass on the inheritance to the second heir;
cannot transmit any rights to their own heirs unless the this substitution is only valid if it is explicitly stated in the
will explicitly states otherwise. will and does not extend beyond one degree of
relationship from the original heir.
A testator can include a substitution clause in their will,
naming another person to inherit the property if the Both heirs must survive the testator.
original heir dies before them
At the time of the death of the testator, fideicommissary
Two (2) tests for a judge to know whether to allow a will substitute shall become the owner.
into probate or not:

1. Extrinsic validity – formalities of a will First heir (fiduciary): The person initially named to inherit
2. Intrinsic validity – law in effect upon the execution of the property, with the obligation to preserve and pass it
the will on to the second heir.

Second heir (fideicommissary heir): The person who

What are the grounds for disallowance of a will? Art. ultimately receives the property from the first heir.
839.
Requirement of clear obligation: The will must explicitly
What will make a judge not allow a will on the basis of state the obligation of the first heir to transmit the
intrinsic issues? Preterition. Complete omission of a property to the second heir.
compulsory heir in the direct line.
One degree limitation: The fideicommissary substitution
Probate of a will be done through: can only go one degree beyond the original heir,
Ante-mortem – just for the proving of the authenticity of meaning the second heir must be directly related to the
the law. Before death of testator. first heir.

Post-mortem – after his death by the heirs. Fiduciary heir does not have the right to dispose the
property but only right of usufructuary
Institution of heirs – free portion that he was not able to
give away. This is done through intestate/legal
succession. Conditional Testamentary Disposition (applies only
to DFP)
When a voluntary heir predeceased the testator, there is 1. Possible and impossible
no right of representation. Cannot pass on to their heirs. 2. Potestative, casual, or mixed
3. Positive and negative
When a compulsory heir renounces/repudiates his 4. Suspensive and resolutory
inheritance, he/she has no right to representation 5. Express and tacit
because the successional rights were already
repudiated.
Invalid condition – absolute prohibition to get married
GR: when a compulsory heir predeceases the testator Valid condition – relative prohibition – prohibition to marry
without an heir, his inheritance will go back to the estate. a particular person.
XCPN: unless the compulsory heir has compulsory heirs
of his own (ROR) Suspensive condition – disposition happens upon the
happening of an event. No rights is acquired but only
Substitution of heirs hope or mere expectancy.
Who decides substitution? – the testator must be the one
to nominate. This can only happen in dispositive free Resolutory condition – disposition happens right away
portion (DFP) but right is extinguished upon the happening on event.

Legitime – reserved to the compulsory heirs

DISPOSITION/PARTITION OF THE LEGITIME SS – ¼
(TESTATE SUCCESSION)
*legitimes of the LC and SS cannot be impaired. Share of
 2LC, SS = ¼ LC, ¼ LC, ¼ SS, ¼ DFP the IC shall suffer
 1LC, SS = ½ LC, ¼ SS, ¼ DFP
 1LC, 1 IC, SS = ½ LC, ¼ SS, 1/8 IC, DFP 1/8 Direct line
 3LC, SS, 5IC = ½ LC (1/6 LC, 1/6 LC, 1/6 LC), 1/8 Collateral line – up to the 5 th civil degree, which includes
SS, 3/8 5IC children of first cousins, nephews, and nieces but
 2LP, 2IC = ½ (¼ LP, ¼ LP), 1/8 IC, 1/8 IC, ¼ DFP excluding second cousins
 1LC, 1IC, SS = ½ LC, 1/4 SS, ¼ IC
 LP, SS, 2IC = ½ LP, 1/8 IC, 1/8 IC, 1/8SS, 1/8 DFP *each degree represents a generation
 4LC, SS = 1/8 LC X 4, 1/8 SS, 3/8 DFP
 LP, IC, SS = LP ½, IC ¼, SS 1/8, DFP 1/8 3 brothers – per capita
 LP, 1 IC = LP ½, 1IC ¼, DFP ¼ 1 of them predeceased and the decedent leaving 2
 2LC, IC, SS = 1 LC ¼, 1LC ¼, 1/8 IC, ¼ SS children = the 2 children will inherit per stirpes
 SS, IC = SS 1/3, IC 1/3, DFP 1/3

Per capita = 1/3 brother, 1/3 brother (per capita) vs. 1/3
*pag dumadami ang children (whether legitimate or divided by the two children of decedent (per stirpes)
illegitimate), lumiliit ang portion ng spouse sa testate
succession 3LC, SS = ¼ LC, ¼ LC, ¼ LC, ¼ SS
*SS and IC = always get their share in the FP 5LC, SS =
**SS cannot exceed the share of that LC
Per capita = heirs must be in the same degree
LEGAL OR INTESTATE SUCCESSION Per stirpes = by way of representation. If one child
predeceased the decedent.
Extrajudicial partition – made outside the court by the
heirs 2 FBB, 2HBB = 2:2:1:1 = 2/6 each FB and 1/6 each HB

Affidavit of self-adjudication – if there is only one (1) 4LC, SS = if one of the children renounces his share =
heir everybody benefits

Accretion – 1/5 share of the heir who renounced shall

After acquired properties (and it does not expressly return to the estate = ¼ each
appear by the will that it is the intention of the testator to
include after-acquired property in his will) If an heir **waives in favor of another brother (in favor of
the youngest) = 2/3 youngest, 1/3 other brothers
Intestate succession = totally no mention of properties
that he will acquire **waiver – only the person to whom the share is given
will benefit and subject to donor’s tax
Who are the compulsory heirs?
1. Legitimate children and descendants (if they Illegitimate children – if IC predeceased the decedent IC
predeceased the decedent) is the decedent, who will inherit?
2. Legitimate parents
Right of representation only happens in the 1. Legitimate children, spouse, parents > who are his
descending line heirs? LC and SS

LP are excluded if there are legitimate children 2. SS ½, (illegitimate parent ½ > both

3. Surviving spouse 3. No children, no spouse, no parents

Will the share of the SS be reduced if there IC? No.
the share of SS never changes. It will always be Survived by < LC of his father another illegitimate
the same as the share of LC. Unlike in testate sibling
succession.

If there is a will, and the heir instituted an heir and INTESTATE SUCCESSION
it turns out that the instituted heir is incapacitated.
What happens to that portion in the will? It will be Who are the persons whose legitime cannot be
distributed in accordance with intestate succession. impaired?
1. LC and IC
2. SS
Illegitimate children – ½ of the share of a legitimate child 3. Ascendatns – only entitled to the legitime when
there’s no LC
2 LC – ½
4IC – ¼ (not ½ of the share of LC)
Legitimate parents – ½ If a widow survives with brothers or sisters of the
Illegitimate children – ¼ decedent spouse, how will the estate be divided? ½ SS,
SS – ¼ 1/s siblings of decedent

No ascendant, No SS, no children = brothers and sisters RIGHT OF ACCRETION

(per capita), nephews and nieces (per stripes)
Accretion – part assigned to the one who renounces or
cannot receive his share or who died before the testator
3 siblings, 1 predeceased – children of the predeceased is added/incorporated to that of his co-heirs, co-devisees,
will inherit by ROR co-legatees.

No child, no spouse, no parent = all nephews and nieces Requisites:

that are surviving will inherit per capita as all of the ma re 1. 2 or more persons called to the same
of the same degree inheritance or some portion, pro individso
(plurality of subjects and unity of object)
Per stripes = when heirs are representatives 2. One of the persons RIP (renounces,
incapacitated, predecease)
Ascending line – no right of representation. Can only
happen in the descending line IC
The illegitimate father did not acknowledge him, can he
Collateral line – up to the 5 th civil degree. ROR – nieces inherit from the IC? No.
and nephews
If an heir repudiates, can his children represent him? No.
If there are no compulsory heirs, in the collateral, the It will not transfer any right to him.
closest will have a better right = proximity rule
Illegitimate children If the survivors are legitimate parents and illegitimate
Who are the heirs? children, how will the estate be divided? ½ LP, ½ IC
1. Descendants
2. Ascendants LP ½, SS ¼, IC ¼

Relatives from the legitimate side of the family cannot SS and 5LC = 1/6 each
inherit
Disqualified from inheriting Art. 1027 – common to
testate and intestate
IC
Father predeceased no LC or IC. Only survivors are Lawyers of the decedent – no specific prohibition in the
legitimate and illegitimate siblings= legitimate siblings law
cannot inherit because of barrier rule (iron curtain rule)
Why are these persons disqualified – undue influence

Adopted children Who are disqualified to inherit by operation of law?

1. Direct descending line 1. Spouses who have given grounds for legal
2. SS separation by operation of law. (decree is
3. If none, adoptive parents required)
2. There must be a decree of legal separation
Who will be his heirs? (w/o prejudice to reconciliation)

Domestic adoption law – adoptive parents will inherit if When does a state become an heir?
no children
Escheat proceedings (character if the property will not be
Can the adopted child inherit from his legitimate siblings? changed) such as public schools and educational
Yes. They likewise acquire the rights of a legitimate child. purposes

Art. 1027 – only incapacitated to succeed (they are not

Adoption is by fiction of law. heirs)
- The immediate family of the adoptive parents
- cannot inherit from the uncle Disqualification – applies to heirs

husband married the 2nd time. Father – 1st wife and 2nd Caregivers, guardians can inherit if they are heirs.
wife 1 of the children dies. Disqualified – if he induces the decedent to make a will

Full blood – double the share of the half blood DFP = gray area and can be questioned.

Legitimes – heirs will inherit.

Grandfather – father (repudiated)– son can still inherit
from the father what the grandfather has given to the (1) Determine the value of the property which
father (voluntary heir) remains at the time of the testatorÕs death;
(2) Determine the obligations, debts, and charges
REPUDIATION VS. WAIVER which have to be paid out or deducted from the
value of the property thus left;
Repudiation – there’s a right of accretion (3) Get the difference between the assets and
Waiver – no need for representation liabilities, giving rise to the hereditary estate;
(4) Add to the hereditary estate the value, at the
Immovable property – heirs may agree to have it time they were made, of donations subject to
appraised, sold in an auction, or one heir will own the collation; and
property and give others cash. (5) Determine the amount of the legitimes by
getting from the total thus found the portion
Art 1021 – read the annotation! that the law provides as legitime of each
respective compulsory heir.
1st. par. – free portion vacated. Predeceased and
repudiation = Compulsory heirs will all share equally Where the collatable property is an immovable, what
may be received is:
2nd par. Legitime (1) An equivalent, as much as possible, in property of the
- This presupposes that there is a will same nature, class and quality;
- The person repudiated his legitime
- The legitime will now go in to legal or intestate (2) If such is impracticable, the equivalent value of the
succession impaired legitime in cash or marketable securities; or

2 kinds of incapacity (3) In the absence of cash or securities in the estate, so

1. Absolute incapacity much of such other property as may be necessary, to be
Examples: iron curtain rule and persons guilty sold in public auction
of adultery or concubinage
Wedding gifts – if it exceeds 1/10 of the DFP – subject to
collation
2. Relative incapacity – under certain or specific
circumstances such as those of guilty of Expenses for education (abroad) – subject to collation if
unworthiness (1032). it impairs the legitime. (only the excess)

*See Art. 1033 what relative incapacity means. Left to the Whatever was given/donated, it will be deduced to what
will of the testator. he is entitled

Prescriptive period for an action for a declaration of Is the process of collation absolute? No. It happens only
incapacity of an heir = 5 yrs when it impairs the legitime

Collation shall not take place if it impairs the legitimes.

EXECUTOR VS. ADMINISTRATOR

Executor – testate succession. He will be the one to PARTITION
distribute the estate and comply with the provisions of Intestate succession
the will 1. Extrajudicial
2. Judicial – only when the heirs cannot agree
Administrator – intestate succession. Parittiion and
administration. Any co-owner may demand for partition anytime

COLLATION Prohibition by the testator = not to exceed 20yrs

Collation – a person donated H&L to his youngest child
during his lifetime. One heir sold a pro-indiviso share before partition – co
heirs may redeem the property from the vendee
Collation – act of returning or restoring to the common
mass of the estate any property which a person may 2 co heirs want to redeem –
have received from the decedent during decedent’s
lifetime but which is understood for legal purposes as an Rescission
advance from inheritance. The purpose is to compute the Project partition – may this be rescinded? Yes. On
legitime of the compulsory heirs and equalize the shares account of grounds: (1) lesion/injury or (2) fraud, (3) non
of the compulsory heirs as much as possible. heir

Step by step determination of legitime: [Vda de. Prescription: 4 yrs

Tupas v. RTC (1986)]
INTESTATE SUCCESSION: 3. Loss occurs regardless of the cause. For
example, if you are bequeathed a piano and
Regular order of intestate succession (applies when that piano is later destroyed, as long as the
deceased is legitimate) loss occurred during the testator's lifetime, it
1. Legitimate children and descendants
will render the bequest in your favor ineffective.
2. Legitimate parents and ascendants
3. Surviving spouse If the loss occurred after the death of the testator, you
4. Illegitimate children should distinguish between circumstances. If the loss
5. Brothers and sisters and their descendants happened due to a caso fortuito without the fault of the
(nephews and nieces) heirs, it is also rendered ineffective. However, if the loss
6. Other collateral relatives (within the fifth degree of occurred because of the fault of one of the heirs, you can
recover the value of the property. In fact, that is one of
consanguinity) those situations under the law where solidarity is
7. State imposed. If several heirs took possession of the
hereditary estate after the death of the testator, they are
Irregular order of intestate succession (applies when solidarily liable for any loss. Even if only one of them is at
deceased is illegitimate) fault, they are solidarily liable.
1. Legitimate child, children, or descendants
2. Illegitimate children or descendants
3. Illegitimate parents
4. Surviving spouse
5. Brothers and sisters, nephews and nieces
6. State Distribution of estate in testate succession
½ - legitime of LC and descendants (primary)
½ - legitime of LP or ascendants (secondary). If died
RESERVA TRONCAL without any legitimate descendants
Reserva troncal – a reservation established by law for
the benefit of certain relatives within the third degree who Surviving spouse – taken from the DFP
belong to the lineage from which the property originates.
¼ - if only 1 LC or descendant survives
What is the purpose? To return the property that has
somehow wandered from one family to another, back to A portion equal to the legitime of each of the LC or
the same family line from which it originally came. descendants = if there are 2 or more LC or
descendants
When legacy or devise without effect or ineffective?
1. Transformation refers to situations where a ¼ - no legitimate descendants but with legitimate
legacy or devise is altered such that it loses its ascendants
form (physical appearance) or denomination 1/3 – SS, 1/3 IC, 1/3 DFP
(the name by which it is called). For example, if
a table is bequeathed to you, but before the
testator’s death, the wood from that table is ½ of the legitime of LC – legitime of each IC, taken
converted into a chair, this constitutes from the DFP. The legitime of LC must first be fully
transformation and a change in denomination satisfied.
(it has become a chair). If the testator
½ LA, ¼ IC, ¼ DFP
bequeaths his farm in Bulacan to you and, prior
to his death, he converts the farm into a resort, 1 LC ½, SS ¼, IC ¼ (if more than 1 – divided if not
then the bequest is ineffective. equally enough among the IC)
2. Alienation occurs when a testator bequeaths
something in his will and subsequently sells or
disposes of it. Once this happens, the bequest ½ LC
A portion equal to the legitime of each of the LC – SS
no longer exists, unless the alienation is
½ of the legitime of each of the LC – IC
temporary, for instance, if the testator retains
the right to repurchase and actually
repurchases the item. ½ LA, ¼ IC, 1/8 SS, 1/8 DFP

½ - if only survivor is the widow or widower. 1

Did the testator intend to permanently GR: 1/3 if the marriage bet. the SS and testator was
relinquish ownership of the item? If the answer solemnized in articulo mortis, and testator died w/in 3
is yes, then the legacy or devise becomes void. mos. from the time of marriage
 XCPN: when they have been living as husband and 4. Where the law does not allow partition as in a party
wife more than 5 yrs. (cohabitation) wall
5. When the physical division of the thing owned in
½ - IC are the only surviving compulsory heirs common would render it unserviceable for the usefor
½ - DFP which it is intended

Illegitimate child
1/2 – parents only
½ - DFP

½ - legitimate or illegitimate children only

½ - DFP

¼ - parents
¼ - SS
½ - DFP

1/3 IC, 1/3 SS, 1/3 DFP

Prescriptive periods

 Action for declaration of incapacity and for the

recovery of the inheritance, devise, or legacy – within
5 yrs from the time the disqualified person took
possession thereof

 The heirs, devisees, and legatees shall signify to the

court having jurisdiction whether they accept or
repudiate the inheritance – within 31 days after the
court has issued an order the distribution of the
estate

 Should any of the heirs sell his hereditary rights to a

stranger before partition, any or all of the co-heirs
may be subrogated to the rights of the purchaser by
reimbursing him for the price of the sale – provided
they do so w/in the period of 1 month from the time
they were notified in writing of the sale by the vendor

 Action to enforce warranty (against eviction or hidden

defects) among co-heirs – within 10 yrs from the date
the right of action accrues

 Warranty of the solvency of the debtor can only be

enforced – during the 5 yrs following the partition

 Action for rescission on account of lesion – 4 yrs

from the time the partition was made

 Partition may be rescinded when any one of the co-

heirs received things whose value is less by at least
¼ than the share to which he is entitled

When partition may not be demanded

1. When the testator should have expressly forbidden

its partition for a period not to exceed 20 yrs.
2. When the heirs themselves have entered into an
agreement not to divide the property for not more
than 10 yrs.
3. When the property owned in common is a family
home and there is still a beneficiary actually residing
therein – for a period of 10 yrs from the death of the
person constituting the same or for as long as there
is a minor beneficiary actually residing therein