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Testamentaryis that which results from the designation of Contractual Successionbased on the fact that the object
an heir, made in a will execute in the form prescribed by law. of a contract should exist at the moment of its celebration or at
(Note: The designation of an heir is no essential for the least, it can exist in the future.
Art. 1347: No contract may be entered into upon future Intransmissible rights and obligations
inheritance except in cases expressly authorized by law.
1. Rights and obligations between husband and wife;
Note: in this kind of succession the donation or disposition 2. Property relations between husband and wife;
does not have to be contained in a will, however it is essential 3. Action for legal separation;
that it must be executed in accordance with the form 4. Action to compel acknowledgement of a natural child;
prescribed for donations by reason of marriage. In other 5. Action to obtain judicial declaration of illegitimate
words, it must comply with the Statute of Frauds. affiliation who is not natural;
6. Parental authority;
Art. 781. 7. Rights of a guardian;
8. Right to receive ad the obligation to give support;
Extent of Inheritanceincludes: 9. Right to hold public office as well as right to exercise
1. All of his property which are existing at the time of his profession or vocation;
10. Right to usufruct;
death;
11. Right to personal easement;
2. All of his transmissible rights and obligations which are
12. Rights and obligation arising from contract of
existing at the time of his death;
partnership;
3. All of his property and rights which may have accrued
13. contract of agency;
to the hereditary estate since the opening of succession. 14. Criminal responsibility.
Note: Property in existence at decedents deathall property Monetary Obligations:
available for distribution among the persons called to the
inheritance after the settlement or liquidation. Under the Civil Code only monetary obligations or claims for
money must be filed within the time limited by rules against
Transmissible rights and obligation(1) rights relative to the estate of the decedent; otherwise they are barred forever. It
persons and property or purely personal rights are, by their is only these claims which must be liquidated in the testate or
nature, INTRANSMISSIBLE in character; (2) Rights relative to intestate proceedings.
property or patrimony rights GENERALLY TRANSMISSIBLE
in character, except those which are expressly made Art. 782.
intransmissible by operation of law such as personal and legal
Concept of an HeirAn heir still succeeds to the whole or to
usufructs and personal easements; (3) rights arising from
an aliquot portion of the inheritance either or by virtue of a
obligation or rights of obligations, whether contractual or
will or by operation of law, while a devisee or legatee still
otherwise, are GENERALLY TRANSMISSIBLE in character,
succeeds to individual items of property by virtue of a will.
except from this rule are those arising from contracts which by
(Meron ng meaning ang Heir, Devisee and Legatee under
their very nature are intransmissible, those expressly
Subjective Element of Succession, Art 775)
intransmissible by contract agreements and operation of law.
Distinguished from heirs:
1. Devisee or legatees are called to succeed to individual
items of property, while heirs are always called to
Kinds of Heirs: succeed to an indeterminate or aliquot portion of the
Testamentary Succession: decedents hereditary estate.
2. Devisee or legatees are always called to succeed by
1. Voluntary Heir means of a will, while heirs are called to succeed either
- Is called to succeed to the whole or aliquot portion of by means of a will or by operation of law.
the disposable free portion of the hereditary estate by
virtue of the will of the testator. Note: The importance of distinction(1) In case of
2. Compulsory Heir preterition or pretermission in the testators will of one,
- is an heir called by law to succeed to a portion of the some or all of the compulsory heirs in the direct line, the
testators estate known as legitime. effect is to annul the entirely institution of heirs, but
devises and legacies shall be valid insofar as they are not
Legal or intestateall heirs are called legal or intestate heir, inofficious; (2) In case of imperfection or defective
ordinarily defined as an heir called to succeed by operation of disinheritance, to annul the institution of the heirs to the
law when legal or intestate succession takes place. extent that the legitimate of the disinherited heirs is
Note: An intestate heir can inherit (1) by their own right; (2) by prejudices, but legacies and devises shall be valid; (3) I
the right of representation. case properties are acquired by the testator after the
execution of the will, such properties are not included,
Concept of Devisees and legatees: unless it should expressly appear in the will itself that such
was the testators intention, applicable only to legacies and
- Devisees and legatees are only possible in testamentary
devises.
succession.
- A devisee or legatee always succeed to individual items
of property by means of a particular or special title.
- Devise of legacy which is given to a devisee or legatee TESTAMENTARY SUCCESSION:
by means of a will is, as a general rule, charge against
Art. 783. Willis an act whereby a person is permitted, with
the free portion of the testators property. (Note: This
formalities prescribed by law, to control to a certain degree the
rule is of practical importance only in case the testator
disposition of his estate, to take effect after his death.
is survived by compulsory heirs, who under our system
of compulsory succession, are entitled to a legitime.) Concept of Wills:
- Testators hereditary estate is divided, as a general rule
into the legitime or legal portion and the disposable Definitionis a disposition, made by a competent testator in
free portion. the form prescribed by law, of property over which he has legal
power of disposition, which disposition is of such nature as to Delegation is allowed:
take effect after his death.
1. The power to distribute specific property or sums of
Characteristics: money which he may left
2. The power to designate the persons, institutions ot
1. Strict personal act; establishments to which such property or sums of
2. Individual and unilateral act; money are to be given.
3. Free and voluntary act;
4. Formal and solemn act; Art. 787.
5. A disposition of property;
6. Act of Mortis Causa, Testator may not make a testamentary disposition is such a
7. Ambulatory and revocable during testators lifetime. manner that another person has to determine whether or
not it is to be operative.
Art. 784.
Note: Allowing a 3rd person to determine if the disposition
Making of the will is strictly personal act, it cannot be left in is operative or not would tantamount to allowing the a 3 rd
whole or in part to the discretion of a third person, or person to substitute the will for his own.
accomplished through the instrumentality of an agent or
attorney. Art. 788. Interpretation of testamentary
dispositions.
Personal character of Willsthe mere drafting or writing of the
will does not fall within the purview of the prohibition. The cardinal rule of testamentary construction is to
ascertain the intention of the testator and give it effect; the
Art. 785. construction of any will must be for the purpose of
Duration or efficacy of the designation of heirs, determining the dominant intent of the testator; if the
devisees or legatees, or the determination of portions testators intent can be clearly perceived or ascertained, it
which they are to take, when referred by name, must prevail; a will is to be interpreted as to carry out the
cannot be left to the discretion of a third person. intention of the testator; a will must be construed so as to
give full force and effect to the purpose of the testator; in
Delegation of testamentary actsthree inseparable acts, (1) construing the will the court will place itself in the position
duration of the designation of heirs, devisee or legates; (2) of the testator.
efficacy of the designation, (3) determination o portion.
NOTE: Read Articles 789-794.
Art. 786.
Dispositions susceptible to different interpretationin case
Testator may entrust to a 3rd person the specific distribution of in doubt, the interpretation by which the disposition is to
specific property or sums of money that he may leave in be operative shall be preferred.
general.
The construction is to be adopted which will sustain and
uphold the will in all its part. If the language used is
TESTAMENTARY CAPACITY AND INTENT
reasonably susceptible of two interpretations, one which
will defeat, and the other sustain, the provision, the doubt Testamentary capacityrefers to the ability as well as the
is to be resolved in favor of the construction which will give power to make a will. There is a difference between
effect to the will, rather than the one which will defeat it. testamentary capacity and testamentary power, the first
concerns the ability of the testator, while the second involves
Mistakes and omissions
the privilege under the law. Hence, although a person has a
1. Imperfect description or no person or property exactly testamentary capacity it does not follow that he also has a
answers the descriptionmust be corrected in testamentary power.
ascertaining the testatorial intent using the intrinsic
Art. 796. All persons who are expressly prohibited by
and extrinsic but excluding the oral declaration of the
law to make a will.
testator as to his intention.
2. Uncertainty as to the application of any of its 1. Do not possess necessary age and mental requirement;
provisionsascertained under the context of the will 2. Family relations;
and the circumstances under which it is made. 3. Civil interdiction;
4. Prodigality;
5. Insolvency;
After-acquired propertynot included in the will, unless it 6. Alienage;
is expressly appear in the will that such was the intention of 7. Other similar in nature.
the testator.
Art. 795. Requisites:
Validity of Wills as to its form depends on the 1. He must be at least 18 years of age; and
observance of law in force at that time. 2. He must be of a sound mind.
Effect of changes after the testators deathwill perfectly valid
at the time of its execution cannot be invalidated by a law
enacted after the death of the testator; neither can a will totally When capacity must existat the time of the execution of
void be validate upon subsequent legislation. the will.