Page |1

(c) Transmission thru death (not during life)

(d) Transmission to another (grantee or
SUCCESSION transferee, heir, legatee, or devisee)
- In general sense, it is defined as the (e) By will or operation of law (testamentary or
transmission of rights and properties from one legal succession
person to another
- May be inter vivos (during lifetime of giver) OR ART. 775. In this Title, “decedent” is the general term
mortis causa (after his death) applied to the person whose property is transmitted
- E.g. inter vivos – donation through succession, whether or not he left a will. If he
- In its technical sense, SUCCESSION IS left a will, he is also called the testator. (n)
RESTRICTED TO SUCCESSION MORTIS CAUSA - Decedent is the person whose estate is to be
distributed.
KINDS OF SUCCESSION - Testator if he LEFT A WILL.
a) As to effectivity - Intestate if he LEFT NO WILL.
- Succession inter vivos (E.g. donation)
- Succession mortis causa (Art. 774) ART. 776. The inheritance includes all the property,
b) As to whether a will exists or not rights and obligations of a person which are not
- Testamentary succession (there’s a WILL) extinguished by his death. (659)
- Intestate or Legal Succession (NO WILL)
- Mixed Succession (part of the property has INHERITANCE SUCCESSION
been disposed of in a will) Property or right The manner by
c) As to the transferees of the property acquired virtue of which the
- Compulsory succession (refers to the legitime) property or right is
- Voluntary Succession (refers to the free acquired
disposal)
d) As to the extent of the rights and obligations ADMINISTRATION SUCCESSION
involved Dealing with Transferring to it
- Universal succession (ALL juridical relations deceased person’s beneficially
involving the deceased) property
- Particular succession (only certain items or
properties) - Inheritance includes
e) Special Kind o Property
- Contractual succession – marriage settlement o Transmissible rights not extinguished
by death
PRIMARY BASIS OF SUCCESSION o Transmissible obligations not
- Family relations under the Family Code, not extinguished by death
relations by affinity - PROPERTIES
o Real and Personal properties
Title IV.—SUCCESSION o Ownership is transferred at the
moment of death. Thus, even
CHAPTER 1 accessories will be owned by the
transferee
o Ownership of the properties involved
GENERAL PROVISIONS is important to determine
ART. 774. Succession is a mode of acquisition by virtue
- RIGHTS
of which the property, rights and obligations to the
o Those extinguished by death
extent of the value of the inheritance, of a person are
▪ Intransmissible personal rights
transmitted through his death to another or others
due to their nature (those
either by his will or by operation of law. (n)
appertaining to family rights,
- Speaks of succession mortis causa
marital and parental authority,
- Important Elements:
support, action for legal
(a) Mode of acquisition (ownership)
separation, partnership,
(b) Transfer of property, rights, and obligations
agency, life annuity)
to the extent of the value of the
inheritance of a person (called grantor or
transferor, decedent, testator or intestate)
Page |2

▪ Right to claim stranger must shoulder the loss

acknowledgement or himself.
recognition is a natural child o Inheritance includes all the property,
▪ Right to hold public or private rights and obligations of a person, not
office or job extinguished by death.
o Those not extinguished by death o When there’s pending obligation,
▪ Right to bring or continue an judicial administration is essential.
action for forcible entry or
unlawful detainer ART. 777. The rights to the succession are transmitted
▪ Right to compel the execution from the moment of the death of the decedent. (657a)
of a document necessary for - Death transfers the rights of the succession
convenience, provided it’s when the following conditions are present:
valid and enforceable under o Death (either actual or presumed)
Statue of Frauds o Rights or properties are transmissible
▪ Right to continue a lease or descendible
contract o Transferee is still alive, willing and is
▪ Property right in an insurance capacitated to inherit
policy o Before decedent’s death, heirs only
have inchoate right
- OBLIGATIONS o Succession is what transfers the
o Generally, all obligations are ownership, not the delivery
transmissible unless purely personal or - Presumed death
non-transferrable by law of contract o ORDINARY DEATH vs. EXTRAORDINARY
o A father was the defendant in a civil DEATH
case. During its pendency, he died, and ORDINARY EXTRADORDINARY
his children were substituted as DEATH DEATH
defendants. If judgment is render Death Death because of
against the defendants, can the because of extraordinary or
children be held personally liable with ordinary qualified absence
their own individual properties? ANS: absence
NO. They cannot be held personally An Qualified absence
liable. The action should be against the absentee occurs (qualified or
estate of the deceased father. (who extraordinary because
o A father sold a parcel fo land to a buyer, disappears of great probability of
but had not yet delivered the parcel by under death)
the time he died. Are his heirs required normal • Person on
to make the delivery? ANS: YES, for conditions, board a vessel
under ART. 776, the heirs also inherit there lost during a
the deceased’s obligation which are being no sea voyage, or
not extinguished by death. danger or an airplane
o NOTE: Creditors of the deceased must idea of which is
be prioritized than the heirs’ creditors. death) missing, who
o A has a child B who has a child C. B is shall be has not been
indebted to a stranger, but dies before presumed heard of for 4
he pays the same. A then died, leaving dead for years since
C as heir. In A’s intestate proceedings, the the loss of the
the stranger presents his claim for the purpose of vessel or
credit. Is C bound to pay for the debt, opening airplane;
or will A’s estate answer, or will no one his • A person in
be held responsible? ANS: Neither A’ succession. the armed
estate nor C is liable, for neither Here, forces who
contracted the debt, nor may it be said death is went to war
that C inheriting from B, for the truth presumed and has been
is, C in the case presented, is inheriting ot have missing for 4
only from A. Therefore, the creditor- occurred at years
the end of
Page |3

the ten- • Peron who administrator to include in his inventory. It has

year or has been in inherent power to determine which properties,
five-year danger of rights and credits of the deceased should be
period as death under included by the administrator in the inventory.
the case other But it has no authority to decide whether the
may be. circumstances properties, real or personal, belong to the
and his estate or to the persons examined.
existence has - WHEN AND HOW IS THE RIGHT TO SUCCEED A
not been DECEASED PERSON ACQUIRED?
known for 4 o The right to the succession is
years transmitted from the moment of the
- Effect of Absentee’s Return or Appearance decedent’s death.
o Property will be recovered, but not the ART. 778. Succession may be:
fruits or rents. However, if property has (1) Testamentary;
been acquired by heir thru prescription (2) Legal or intestate; or
(extraordinary prescription in view of (3) Mixed. (n)
the lack of a just title, there being no - MIXED SUCCESSION
true succession), recovery may not be o Decedent may have died partly testate
made and party intestate
o A spurious child was born in 1938, but - Other kinds of Succession
his father died in 1951, will child o Compulsory Succession – succession to
inherit? ANS: Yes. He will inherit so the legitime. Compulsory for the
long as he can prove his filiation testator to give his compulsory heirs
because the rights to the succession (his direct descendants) their
are transmitted or effected only from legitimes. But not compulsory for heirs
the moment of death (1951, which is to receive or accept said legitimes.
after the New Civil Code took effect). IF o Contractual Succession – marriage
the father died on August 30, 1950, the settlement
spurious child would not have been
since this time, vested rights of the ART. 779. Testamentary succession is that which
legitimate children would be results from the designation of an heir, made in a will
prejudiced. executed in the form prescribed by law. (n)
- “Future inheritance” is that which may - Testamentary succession may be done thru a
eventually be received from a person still alive. will or codicil
It is any property or right not yet in existence - Will or codicil may be:
or not yet capable of determination at the time o Notarial
a contract is made which a person in the future o Holographic
may acquire by succession. - Testamentary succession is favored than legal
- Heirs may be sued, not as representative of the or intestate succession
deceased, but in their own rights as OWNERS,
and this is so even without a prior declaration ART. 780. Mixed succession is that effected partly by
of heirship, provided that there is no pending will and partly by operation of law. (n)
special proceeding whereby the estate of the
deceased is to be settled. ART. 781. The inheritance of a person includes not
- Not necessary to appoint an administrator. The only the property and the transmissible rights and
heirs themselves may enter upon the obligations existing at the time of his death, but also
property’s administration when: those which have accrued thereto since the opening
o Heirs are all of legal age of the succession. (n)
o No debts to be settled - INHERITANCE INCLUDES:
- Declaration of heirship must be made in an o Property, transmissible rights, and
administration proceeding, and not in an obligations
independent civil action as it involves the o Those which have accrued thereto
establishment of a status or right (alluvium)
- Trial court has to see to it that the inventory of - Properties acquired by the testator between
the administrator lists all the properties, rights the time the will is made and the time he dies,
and credits which the law requires the is NOT given to the designated heir unless the
Page |4

contrary has been expressly provided (Art.

793). Such property is acquired PRIOR to the SUBSECTION 1.— Wills in General
death, not afterwards.
ART. 783. A will is an act whereby a person is
ART. 782. An heir is a person called to the succession permitted, with the formalities prescribed by law, to
either by the provision of a will or by operation of law. control to a certain degree the disposition of his
estate, to take effect after his death. (667a)
HEIRS LEGATEES/DEVISEES - ESSENTIAL ELEMENTS and CHARACTERISTICS
Person/s called to Persons given gifts of real of a WILL
success either by will or and personal property by o Making of a will is a STATUTORY RGHT
operation of law virtue of a will ▪ Will
Instituted to the whole Given individualized • A species of
or an aliquot portion items of property conveyance whereby
thereof a person is permitted,
with the formalities
o Legatees – personal properties prescribed by law, to
o Devisees – real properties control to a certain
degree the disposition
- NOTE: There is no difference in the capacities of his estate after his
of both heirs and legatees/devisees. However, death
in preterition, an instituted voluntary heir gets • Testator speaking
nothing, but a legatee or devisee still gets the after his death
property given as long as the legitime is not o It is a UNILATERAL ACT. (meaning, no
impaired acceptance by the transferee is needed
- In legal/intestate succession, transferees are while the testator is still alive; any
called legal or intestate heirs. acceptance made prematurely is
- If in a will, a compulsory heir is given more than useless)
his legitime, he assumes a dual status: o It is a s SOLEMN or FORMAL ACT
o Insofar as his legitime is concerned, he o There must be ANIMUS TESTANDI
is a compulsory heir (intent to make a will)
o Insofar as the excess is concerned, he o Testator must be CAPACITATED to
is a voluntary heir make a will
- If a compulsory heir dies ahead of the testator, o Strictly a PERSONAL ACT in all matters
his own child inherits the legitime. that are essential
- If a voluntary heir predeceases the testator, his o Effective MORTIS CAUSA
own child will get nothing. o Essentially REVOCABLE or
AMBULATORY
SALE WAIVER OF o FREE FROM VITIATED CONSENT (must
HEREDITARY RIGHTS have been executed freely, knowingly
One of the contracting Operates as public and voluntarily)
parties obligates himself instrument when filed o An INDIVIDUAL ACT
to transfer the before RD whereby the o Disposes of the testator’s estate in
ownership of and deliver intestate heirs accordance with his wishes
a determinate thing, and adjudicate and divide the
the other party to pay a estate left by the TESTAMENT WILL
price certain in money or decedent among Disposes of personal Disposes of real property
its equivalent. themselves as they see property
fit. (extrajudicial
settlement between - Oral contracts are recognized as valid and
heirs) efficacious to bring partition
- CAN A CRIMINAL CONVICTED OF A CRIME
CHAPTER 2 WHICH CARRIES CIVIL INTERDICTION EXECUTE
HIS WILL?
TESTAMENTARY SUCCESSION o YES, it only prohibits disposition of
property inter vivos, not mortis causa.
SECTION 1.— Wills
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ART. 784. The making of a will is a strictly personal act; • There is an imperfect
it cannot be left in whole or in part to the discretion description of the gift
of a third person, or accomplished through the being given; and
instrumentality of an agent or attorney. (670a) • Only one recipient is
designated but it turns
ART. 785. The duration or efficacy of the designation out there are two or
of heirs, devisees or legatees, or the determination of more who fit the
the portions which they are to take, when referred to description
by name, cannot be left to the discretion of a third o Patent or Extrinsic Ambiguity – one
person. (670a) which appears on the face of the will
itself; in other words, by examining the
ART. 786. The testator may entrust to a third person provision itself, it is evident that it is
the distribution of specific property or sums of money not clear.
that he may leave in general to specified classes or ▪ Ex: I hereby institute some of
causes, and also the designation of the persons, my seven brothers. (There is
institutions or establishments to which such property no info how many of the
or sums are to be given or applied. (671a) brothers are being instituted).
• In this case, extrinsic
ART. 787. The testator may not make a testamentary evidence, as well as
disposition in such manner that another person has to the will itself may be
determine whether or not it is to be operative. (n) examined to ascertain
the testator’s intent,
ART. 788. If a testamentary disposition admits of but if after everything
different interpretations, in case of doubt, that has been done, the
interpretation by which the disposition is to be doubt still remains,
operative shall be preferred. (n) not one of the seven
- Applies only in case of DOUBT. If no doubt brothers will get as
exists, and the disposition is clearly illegal, instituted heirs,
same should not be given effect. because then, the
heirs will be
ART. 789. When there is an imperfect description, or considered as
when no person or property exactly answers the unknown persons.
description, mistakes and omissions must be o WHAT KIND OF AMBIGUITY IS
corrected, if the error appears from the context of the REFERRED IN THIS ARTICLE?
will or from extrinsic evidence, excluding the oral ▪ First clause – refers to a latent
declarations of the testator as to his intention; and or intrinsic ambiguity –
when an uncertainty arises upon the face of the will, “imperfect description or
as to the application of any of its provisions, the when no person or property
testator’s intention is to be ascertained from the exactly answers the
words of the will, taking into consideration the description. How may this be
circumstances under which it was made, excluding cured?
such oral declarations. (n) • BY EXAMINING:
- KINDS OF AMBIGUITY IN A WILL o The will itself
o Latent or Intrinsic Ambiguity – one o Extrinsic
which does not appear on the face of evidence such
the will, and is discovered only by as written
extrinsic evidence declarations
▪ Ex: I institute my brother-in- of the testator
law (only to find out that the ▪ NOTE:
testator has two brother-in- Oral
laws declar
▪ This kind of ambiguity arises ations
when: of
• There is an imperfect testat
description of the heir, owr
legatee, or devisee; shoul
Page |6

d not is indeed admissible

be extrinsic evidence.
allow
ed ART. 790. The words of a will are to be taken in their
▪ Second clause – refers to a ordinary and grammatical sense, unless a clear
patent or extrinsic ambiguity – intention to use them in another sense can be
“when an uncertainty arises gathered, and that other can be ascertained.
upon the face of the will.” How
may this be cured? Technical words in a will are to be taken in their
• Same as what was technical sense, unless the context clearly indicates a
stated for curing a contrary intention, or unless it satisfactorily appears
latent ambiguity. that the will was drawn solely by the testator, and that
o The words of he was unacquainted with such technical sense.
the will (675a)
o Circumstance - RULES FOR INTERPRETATION OF WORDS
s under which o Ordinary words have ordinary
the will was meanings
made ▪ EXCEPTION – If there is a clear
o PROBLEM ON AMBIGUITY intention that another
▪ Jose in his will gave his house meaning was used – provided
to Juan Ramirez. Among Jose’s that other meaning can be
friends are there Juan determined. The supreme law
Ramirez’s. In the making of the for interpretation is
will, Jose orally stated that he INTENTION
was referring to Juan Ramirez o Technical words have technical
of Pandacan; but among Jose’s meanings.
files was found a ▪ EX: “Natural child” means that
memorandum to the effect kind defined in the law of
that he wanted to give the PERSONS.
house to Juan Ramirez of • EXCEPTIONS
Green Meadows. o If there is a
• What kind of contrary
ambiguity is this? ANS: intention
Latent or intrinsic o If it appears
ambiguity, because that the will
the provision is by was drafted
itself clear, the doubt by the
arising only because of testator alone
circumstances outside who did not
the will. know the
• Is Jose’s oral technical
declaration extrinsic meaning
evidence? ANS: Yes,
but should not be ART. 791. The words of a will are to receive an
admitted, by express interpretation which will give to every expression
provision of the law, in some effect, rather than one which will render any of
order to discourage the expressions inoperative; and of two modes of
perjury. interpreting a will, that is to be preferred which will
• To whom should the prevent intestacy. (n)
house be given upon - Will must be interpreted as a WHOLE
Jose’s death? ANS: - While testacy is preferred over intestacy, this is
Juan Ramirez of Green true if the will has been validly made
Meadows in view of
the written ART. 792. The invalidity of one of several dispositions
memorandum which contained in a will does not result in the invalidity of
the other dispositions, unless it is to be presumed that
Page |7

the testator would not have made such other not be valid, unless
dispositions if the first invalid disposition had not after making the will,
been made. (n) said properties will
- Even if one disposition or provision is invalid, it belong to him.
does not necessarily follow that all the others • Legacies of credit or
are also invalid. remission are effective
- The exception occurs when the various only as regards that
dispositions are indivisible in intent or nature part of the credit or
debt existing at the
ART. 793. Property acquired after the making of a will time of the death of
shall only pass thereby, as if the testator had the testator. (page 59)
possessed it at the time of making the will, should it
expressly appear by the will that such was his ART. 794. Every devise or legacy shall convey all the
intention. (n) interest which the testator could devise or bequeath
- General Rule Respecting After-Acquired in the property disposed of, unless it clearly appears
Properties from the will that he intended to convey a less
o What are given by the will are only interest. (n)
those properties already possessed - GENERAL RULE AS TO WHAT INTEREST MAY BE
and owned by the testator at the time DISPOSED OF: The entire interest of the
the will was made, not those acquired testator in the property is given – not more or
after. less
▪ EX: In 2003, T made a will - EXCEPTIONS
“giving X all my automobiles. o He can convey a lesser interest if such
In 2003, T had five intent clearly appears in the will
automobiles; but in 2005, o He can convey a greater interest, thus
when T died, he had at the the law provides “If the testator xxx
time of his death eight owns only a part of, or an interest in
automobiles. How many will X the thing bequeathed, the legacy or
get? ANS: X will only get five devise shall be understood limited to
automobiles, because the rest such part or interest, UNLESS the
were acquired after the testator expressly declares that he
making of the will. gives the thing in its entirety.
▪ EXCEPTIONS: After-acquired o He can even convey property which he
properties are also given to vey well know does not belong to him,
the person designated in the provided that it also does not belong to
will. the legatee or devisee
• If it expressly appears
in the will that it was ART. 795. The validity of a will as to its form depends
the intention to give upon the observance of the law in force at the time it
such. (I hereby give X is made. (n)
all my automobiles, - KINDS OF VALIDITY
including all the EXTRINSIC INTRINSIC
automobiles I will VALIDITY VALIDITY
acquire before I die.) Refers to the forms Refers to the
• If the will is and solemnities legality of the
republished or needed (Ex: provisions in
modified by a number of an
subsequent will or witnesses to a will, instrument,
codicil kind of instrument contract or
• If at the time the [public or private]) will
testator made the will From the What must be Successional
he erroneously viewpoint of observed is the law rights are
thought that he TIME in force at the time governed by
owned certain the will is made the law in
properties, the gift of force at the
said properties will time of the
Page |8

DECEDENT’S The intrinsic validity of a will is

DEATH governed by the law in force at the
From the Depends on the ff: NATIONAL law time of the testator’s death. The right
viewpoint of 1) If the of the to inherit cannot be given a retroactive
PLACE or testator is decedent, law effect as the right of X as heir became
COUNTRY Filipino, PH of his country vested in 1949, and it is well known
laws or nationality that a new right cannot be granted a
2) If the – regardless of retroactive effect if it will impair a
testator is the place of vested right (Art. 2253) The right
an alien execution or indeed became vested in 1949,
who is place of death because the rights to the succession
abroad, are transmitted from the moment of
law of his the decedent’s death. (Art. 777)
domicile, ▪ NOTE: Answer would be
or his different if testator died after
nationality, the New Civil Code’s
or PH laws effectivity. Spurious child
3) If testator would be entitled to inherit.
is an alien - RULE ON INTNSIC VALIDITY FROM THE
in PH, law VIEWPOINT OF PLACE OR COUNTRY
of his o A Turk executed in the Philippines a
nationality will, observing PH laws. In the will, he
or PH since stated that he wanted his estate
will was distributed in accordance with PH law
executed on succession. Is the provision valid?
here HELD: NO, IT IS VOID because the
estate must be distributed in
- In 1923, Sancho Abadia executed a holographic accordance with the laws of the
will which was not yet allowed back then. In country, Turkey, and not the law of the
1946, it was presented for probate. In 1952, PH. Art. 16 provides: Real property as
trial court allowed the will on the ground that well as well as personal property is
under the new Civil Code, holographic wills are subject to the law of the country
now allowed. The case was appealed. HELD: where it is situated. However, intestate
Will should not be allowed because under Art. and testamentary succession, both
795, the extrinsic validity of a will should be with respect to: 1) the order of
judged not by the law existing at the time of the succession, 2) the amount of
testator’s death nor the law at the time of the successional rights, 3) and the intrinsic
probate, but by the law existing at the time of validity of testamentary provision shall
the execution of the instrument. This is be regulated by the national law of the
because, although the will becomes operative person whose succession is under
only after the testator’s death, still his wishes consideration, whatever may be the
are given expression at the time of execution. nature of the property, and regardless
- RULE ON INTRINSIC VALIDTY FROM THE of the country wherein said country
VIEWPOINT OF TIME may be found.
o T died in 1949. No legitimate o If a Texan (US) provides in his will that
descendants or ascendants of wife. his properties in the PH should be
However, he had a recognized spurious distributed in accordance with PH law
child. T had made a will instituting a on succession, the provision is to be
friend X as heir without giving anything VOID as it contravenes Art. 16 (2)
to spurious child. As judge, will you which ordains the application of his
allow the recognized spurious child to own national law. Thus, if the Texan,
inherit, considering that under the old under Texan law, has no compulsory
Civil Code, such child was NOT entitled heirs, the PH law on the legitimes of
to inherit, but under the new Civil compulsory heirs cannot be applied.
Code, such child is entitled to inherit? o RENVOI DOCTRINE (return or referring
ANS: NO, as the father died in 1949. back to us of the problem)
Page |9

▪If the deceased was a citizen of ART. 797. Persons of either sex under eighteen years
California but domiciled in the of age cannot make a will. (n)
PH at the time of death,
California law should be ART. 798. In order to make a will it is essential that the
ordinarily applied, but since testator be of sound mind at the time of its execution.
California conflict rules (n)
provide that the successional - SOUNDNESS OF MIND MUST EXIST AT THE
rights shall be governed by the TIME OF THE EXECUTION OF THE WILL, NOT
law of domicile – i.e., the PH – BEFORE NOR AFTER
we should apply our internal
law on will and succession to ART. 799. To be of sound mind, it is not necessary that
avoid “international football.” the testator be in full possession of all his reasoning
- ‘RECOGNITION’ IS OF TWO KINDS faculties, or that his mind be wholly unbroken,
o Compulsor unimpaired, or unshattered by disease, injury or other
o Voluntary cause.

SUBSECTION 2.— Testamentary Capacity and Intent It shall be sufficient if the testator was able at the time
of making the will to know the nature of the estate to
TESTAMENTARY POWER TESTAMENTARY be disposed of, the proper objects of his bounty, and
CAPACITY the character of the testamentary act. (n)
Statutory right to Right to make a will
dispose of property by provided certain - REQUISITES FOR SOUNDNESS OF MIND
acts effective mortis conditions are complied o Testator knows the NATURE OF THE
causa with, namely the ESTATE to be disposed of (character,
testator is not prohibited ownership of what he is giving)
by law to make a will; o Testator knows the PROPER OBJECTS
testator is at least 18 OF HIS BOUNTY (by persons who for
years of age; of “sound some expect to inherit something from
mind” at the time of the him – like his children)
execution of the will o Testator knows the CHARACTER OF
Ability to make a will Privilege granted by the THE TESTAMENTARY ACT (that it is
law to someone to make really a will; that it is a disposition
a will mortis casua, that is essentially
revocable)
ACTIVE PASSIC
TESTAMENTARY TESTAMENTARY ART. 800. The law presumes that every person is of
CAPACITY CAPACITY sound mind, in the absence of proof to the contrary.
Capacity to MAKE a Capacity to RECEIVE
will or codicil by virtue of a will The burden of proof that the testator was not of sound
mind at the time of making his dispositions is on the
ART. 796. All persons who are not expressly prohibited person who opposes the probate of the will; but if the
by law may make a will. (662) testator, one month, or less, before making his will
- WHO CAN MAKE WILLS? was publicly known to be insane, the person who
o Those who are capacitated maintains the validity of the will must prove that the
o 18 years or over testator made it during a lucid interval. (n)
o Of “sound mind” at the time the will is - It is generally ruled that the testator is of sound
made mind. Hence, he who alleged the testator’s
o A convict under civil interdiction as it insanity must prove the same
only prohibits disposition of property - The attesting or subscribing witnesses’
inter vivos, not mortis causa testimony as to the testator’s mental condition
o Spendthrifts or prodigals, even if under should be given great weight and should
guardianship, provided they are at prevail over that given by a non-attending
least 18 years old and are of sound physician who merely speculates. However,
mind physician should be believed if he was
o Natural persons, not juridical ones constantly near the testator, and if he actually
saw the latter on the date of execution
P a g e | 10

testator signed the will and every page thereof, or

ART. 801. Supervening incapacity does not invalidate caused some other person to write his name, under
an effective will, nor is the will of an incapable his express direction, in the presence of the
validated by the supervening of capacity. (n) instrumental witnesses, and that the latter witnessed
and signed the will and all the pages thereof in the
ART. 802. A married woman may make a will without presence of the testator and of one another.
the consent of her husband, and without the
authority of the court. (n) If the attestation clause is in a language not known to
the witnesses, it shall be interpreted to them. (n)
ART. 803. A married woman may dispose by will of all - This article particularly segregates the
her separate property as well as her share of the requirement that the instrumental witnesses
conjugal partnership or absolute community sign each page of the will, from the requisite
property. (n) that the will be “attested and subscribed by the
instrumental witnesses”
- It is the attestation clause which contains
utterances reduced into writing of the
SUBSECTION 3.— Forms of Wills testamentary witnesses themselves – it is the
witnesses, and not the testator, who are
- KINDS OF WILL UNDER THE NCC required under Art. 805 to state the number of
o Ordinary or Notarial Will pages used upon which the will was written.
▪ Requires among other things, - REQUIREMENTS FOR A NOTARIAL OR
an attestation clause, and ORDINARY WILL
acknowledgment before a o Testator is at least 18 years old and of
notary public sound mind
o Holograph or holographic will o Will must be in WRITING (handwritten,
▪ Written entirely, from the date typed or written; material on which it
to the signature, in the was written is immaterial)
handwriting of the testator. o Must be executed in a language or
Neither an attestation clause dialect know to testator
nor an acknowledgment o Must be subscribed (signed) at the end
before notary public is needed thereof by the testator himself of by
- ORAL WILLS or NUNCUPATIVE WILLS are not the testator’s name written by another
recognized by the PH laws person in his presence, and by his
express direction
ART. 804. Every will must be in writing and executed ▪ NOTE:
in a language or dialect known to the testator. (n) • If will is not signed at
- This article does not recognize oral wills the END but
- Not necessary to resort to handwriting experts somewhere else, it is
NOT VALID
ART. 805. Every will, other than a holographic will, • If after the signature,
must be subscribed at the end thereof by the testator there are additional
himself or by the testator’s name written by some clauses or provisions,
other person in his presence, and by his express WHOLE WILL should
direction, and attested and subscribed by three or be considered VOID
more credible witnesses in the presence of the and denied probate
testator and of one another. • If testator’s first name
appears, without the
The testator or the person requested by him to write surname, will is VALID
his name and the instrumental witnesses of the will, • If testator’s name is
shall also sign, as aforesaid, each and every page misspelled,
thereof, except the last, on the left margin, and all the abbreviated, or by
pages shall be numbered correlatively in letters placed nickname, or by
on the upper part of each page. “Father” or “Mother,”
or in an assumed
The attestation shall state the number of pages used name, this is all right,
upon which the will is written, and the fact that the provided the testator
P a g e | 11

intended the same to o All the pages shall be number

be his signature. correlatively in letter placed on the
• Testator can sign with upper part of each page
his thumbmark or o The attestation (attestation clause)
with his initials, or shall provide:
even with a rubber ▪ Number of pages used – upon
stamp or an engraved which the will is written
dye, provided he ▪ That testator signed (or
intends the same to expressly caused another
be his signature person to sign) the will and
• Testator can sign with every page thereof in the
a mere cross if he presence of the instrumental
intends that to be his witnesses;
signature but when ▪ That the instrumental
SOMEBDOY ELSE witnesses witnessed and
writes the testator’s signed the will and all the
name for him, there pages thereof in the presence
mere placing by the of the testator and of one
testator of a cross another
after his name, • NOTE: Absence of the
without there being in attestation clause is a
the will a statement fatal defect.
that somebody had Moreover, if the
signed for the testator, attestation clause is
is NOT SUFFICIENT, not signed by the
and the will is attesting witnesses at
considered void by the bottom thereof,
failure to state that the will is void since
the signing of name omission negates the
was by somebody else participation of said
• Somebody else may witnesses. However, it
write the TESTATOR’S has been held in a
NAME, provided it is jurisprudence that it is
done in the testator’s sufficient that the
presence and express clause be signed, at
direction (Art. 806) the bottom, or at the
• One of the subscribing margins. Kasi wala
witnesses, may sign naman daw law that
the name of the requires the witnesses
testator to sign at the bottom
o Will must be attested and subscribed or at the margins
by three or more credible witnesses in • Purpose of attestation
the presence of the testator and of one clause
another o To preserve in
▪ NOTE: Aside from the attesting permanent
itself, there must be PROOF of form a record
such attesting, and this proof is of the facts
Attestation Clause. attending the
▪ Testator signs in the presence execution of
of the witnesses, the will so
o Testator or the person requested by that in case of
him to write his name, and the failure of the
instrumental witnesses of the will shall memory of
sign each and every page thereof the
except the last, on the left margin subscribing
witnesses, or
P a g e | 12

any other Arts. 804 and 805: Art. 806

casualty, they (acknowledgment before notary
may still be public) and Art. 807 and 808 (special
proved. cases – when the testator is deaf, mute
o To render or blind
available
proof that ART. 806. Every will must be acknowledged before a
there has notary public by the testator and the witnesses. The
been notary public shall not be required to retain a copy of
compliance the will, or file another with the office of the Clerk of
with the Court. (n)
statutory - Acknowledgement before notary public is
requisites for necessary for notarial Wills
the execution o The Will is to be acknowledged, and
of the will not merely subscribed and sworn to
o To minimize o A will duly acknowledged before a
the notary public, enjoys the presumption
commission of regularity
of fraud of - “Acknowledgment” is an extra-step
undue undertaken by the signor that he actually
influence declares to the notary that the executor of the
• Suppose the document has attested to the notary that the
attestation clause of a same is his own free act and deed
notarial Will fails to - “JURAT” – part of an affidavit whereby the
state that the testator notary certifies that before him, the document
signed the Will in the was subscribed and sworn by the executor
presence of the - Notary public may not be one of the three
witnesses, will the Will witnesses, referred to in the law. What is
be considered valid or required for the acknowledgment is his
void? ANS: VOID presence
unless in some other - Notarial Will is NOT a public instrument
part of the Will, such
statement is made. ART. 807. If the testator be deaf, or a deaf-mute, he
This is because Art. must personally read the will, if able to do so;
809 only refers to otherwise, he shall designate two persons to read it
“defects and and communicate to him, in some practicable manner,
imperfections in the the contents thereof. (n)
form of attestation or - RULES WHEN TESTATOR IS DEAF OR A DEAF-
in the language used MUTE
therein.” o If he cannot read the Will (illiterate),
o Not essential that the will has to be two persons must communicate its
read to the witnesses, or that they contents to him
know their contents. What they o Two persons designated need not be
acknowledge is the attestation clause, attesting witnesses
NOT the Will o In probate proceedings, it must be
o Not necessary that notarial will be proved that this Article has been
dated complied with
o Not essential to state the place where
the will is being made or executed ART. 808. If the testator is blind, the will shall be read
o Not essential to state in the attestation to him twice; once, by one of the subscribing
clause that the person delegated by witnesses, and again, by the notary public before
the testator to sign in his behalf did so whom the will is acknowledged. (n)
in the presence of the testator - RULES WHEN TESTATOR IS BLIND
o Absence of Documentary Stamp o The reading is twice –
o Essential Requirements for notarial ▪ Once by one of the subscribing
Will other than those mentioned in witnesses
P a g e | 13

▪ Once by the notary public o To require satisfaction of the legal

• NOTE: If testator is requirements in order to guard against
both deaf-mute and fraud and bad faith, but without undue
blind, he may not or unnecessary curtailment of the
make a will unless in testamentary privilege
some way, the
contents thereof may ART. 810. A person may execute a holographic will
properly be which must be entirely written, dated, and signed by
communicated to him the hand of the testator himself. It is subject to no
in accordance with the other form, and may be made in or out of the
legal requirements Philippines, and need not be witnessed. (678, 688a)
- HOLOGRAPHIC WILL. Defined
ART. 809. In the absence of bad faith, forgery, or o One entirely written, dated and signed
fraud, or undue and improper pressure and by the hand of the testator
influence, defects and imperfections in the form - ADVANTAGES
of attestation or in the language used therein shall o Easier to make, revise and keep secret
not render the will invalid if it is proved that the - DISADVANTAGES
will was in fact executed and attested in o Easier to forge by expert falsifiers and
substantial compliance with all the requirements to misunderstand since the testator
of article 805. (n) may have been faulty in expressing his
- RULE FOR SUBSTANTIAL COMPLIANCE last wishes
o As long as the purpose sought by the o No guaranty that there was no fraud,
attestation clause is obtained, the force, intimidation, undue influence,
same should be considered valid and no guaranty regarding testator’s
o The law speaks not of defects of soundness of mind
substance but defects and o In executing a holographic will, a
imperfections – testator may either –
▪ In the FORM of attestation, or ▪ Divulge its contents or
▪ In the LANGUAGE used therein ▪ Keep them secret as he may
o PROBLEM: In a notarial will consisting please
of two pages, the first, containing the - FORMALITIES FOR A HOLOGRAPHIC WILL
entirety of the will and the second, o Language must be known by testator
both the attestation clause and the o Must be entirely WRITTEN in the hand
acknowledgement, the signature of of the testator himself. Void if
the testator was placed at the end of typewritten, etc.
the first page thereof, but the o Must be DATED
signatures of the attesting witnesses ▪ NOTE: Not dated? Will is null
were placed at the left-hand margin of and void
the page. Can the Will be admitted or ▪ Date must also be in the
probated? ANS: YES, for there is handwriting of the testator
nothing in the law (Art. 805) which ▪ Date must be complete
requires that the attesting witnesses ▪ An incorrect date does not
should also sign at the end of the will invalidate the will as long as it
or at the end of the attestation clause. was made in good faith.
Besides the law is to be liberally Hence, if wrong date was
construed. While perfection in drafting inserted intentionally, will is
is to be desired, unsubstantial VOID
departures ought to be ignored o Will must be SIGNED by the testator
- HOW SUBSTANTIVE DEFECT CAN BE CURED himself
o By evidence within the Will itself (not o There must be animus testandi (intent
by evidence aliunde or extrinsic to leave a will)
evidence) o Must be executed at the time that
- PURPOS OF THIS ARTICLE holographic wills are allowed, not
o Liberalization of the manner of before, the time of death being
executing wills immaterial (so dapat after August 30,
1950 onwards ganern)
P a g e | 14

- OTHER FEATURES OF HOLOGRAPHIC WILL fraud. If no witness is available, experts

o No witnesses are required may be resorted to.
o No marginal signatures on the pages o If contested, at least three such
are required identifying witness should be required.
o No acknowledgment is required If none, experts may be called upon.
o In case of any insertion, cancellation, However, even if ordinary witnesses
erasure of alteration, the testator must are available, still if they are
authenticate the same by his full unconvincing, the court may still, and
signature in fact should resort to handwriting
o May be made in or out of the PH, even experts
by Filipinos - EFFECT IF HOLOGRAPHIC WILL IS LOST OR
o May be made by a blind testator, as DESTROYED
long as he is literate, at least 18, and o If it has been lost or destroyed, and no
possessed of a sound mind other copy is available, it CAN NEVER
o Even the mechanical act of drafting a be probated because the BEST and
holographic will may be left to ONLY evidence therefore is the
someone other than the testator, as HANDWRITING of the testator in SAID
long as the testator himself copies the will
draft in his own handwriting, dates it o Dapat may handwritten will to
and signs it compare the destroyed holographic
- HOLOGRAPHIC WILLS should be construed will. Di pwede ang sample of
liberally than the ones drawn by an expert as handwritten statementsjffjf
they are usually prepared by one who is not - ART. 811 IS MANDATORY
learned in the law. The intent or will of the o The word “shall” connote a mandatory
testator must be recognized as supreme law in order
succession
- FUNCTION OF PROBATE COURT ART. 812. In holographic wills, the dispositions of the
o To settle and liquidate the estates of testator written below his signature must be dated
deceased persons either summarily or and signed by him in order to make them valid as
through the process of administration testamentary dispositions. (n)
- A testator may draft one part of a holographic
ART. 811. In the probate of a holographic will, it shall will at one time, and another part at another
be necessary that at least one witness who knows the time. It may even happen that the latter
handwriting and signature of the testator explicitly dispositions are made even after the signature
declare that the will and the signature are in the had been written. Hence, the necessity for Art.
handwriting of the testator. If the will is contested, at 812
least three of such witnesses shall be required. - Dispositions after the signature must be both
DATED and SIGNED by the testator to be valid.
In the absence of any competent witness referred to If SIGNED – but NOT dated, or if DATED but NOT
in the preceding paragraph, and if the court deem it signed, the additional dispositions are void, for
necessary, expert testimony may be resorted to. lack of an essential requisite. Note that said
(691a) dispositions are really considered independent
- PROBATE OF HOLOGRAPHIC WILLS of the will itself
o Probate – allowance of a will by the
court after its due execution has been ART. 813. When a number of dispositions appearing in
proved a holographic will are signed without being dated, and
o Proof of identity of the signature and the last disposition has a signature and a date, such
handwriting of the testator is date validates the dispositions preceding it, whatever
important, otherwise the will cannot be the time of prior dispositions. (n)
be valid - RULES FOR CURING DEFECTS
o Probate may be – o If last disposition is SIGNED and DATED
▪ Uncontested ▪ Preceding dispositions which
▪ Contested are SIGNED but NOT DATED
o If uncontested, at least one identifying are validated
(not necessarily subscribing) witness is
required to avoid the possibility of
P a g e | 15

▪ Preceding dispositions which without modifying or executing a new will in

are NOT SIGNED but DATED accordance with PH laws, how shall his date be
are VOID dealt with? ANS: Succession will be
▪ Preceding dispositions which testamentary as pursuant to Art. 815 he is
are NOT SIGNED and NOT allowed to make a will in any forms allowed in
DATED are, of course, VOID, the foreign state where he may be. The will he
unless written on the SAME executed in Washington may indeed be
date and occasion as the latter probated in the PH. Of course, the intrinsic
disposition validity of the provisions of his will, the amount
o The discussion in the abovementioned of successional rights, and the order of
presupposes that the latter disposition succession will have to be governed by his
was DATED and SIGNED by the testator. national law, that is, the Philippine law on
Therefore: succession
▪ If done by ANOTHER, without - If a will is probated abroad, does it have to be
the testator’s consent, same probated again in the PH? ANS: In one sense,
will not affect the previous there is no need of an ordinary or usual
dispositions, which remain probate here. What is required however is that
VOID if in themselves VOID; there must be a proceeding here to prove that
and remain VALID if in indeed the will had already been probated
themselves VALID abroad.
▪ If done by ANOTHER with the
testator’s CONSENT, same ART. 816. The will of an alien who is abroad produces
effects as (previous), because effect in the Philippines if made with the formalities
the latter dispositions is not prescribed by the law of the place in which he resides,
really HOLOGRAPHIC (not or according to the formalities observed in his
done by testator himself) country, or in conformity with those which this Code
prescribes. (n)
ART. 814. In case of any insertion, cancellation, - FORMALITIES FOR WILLS EXECUTED BY ALIENS
erasure or alteration in a holographic will, the testator ABROAD
must authenticate the same by his full signature. (n) o An alien abroad may make a will in
- Full signature here means the full or usual or accordance with the formalities
customary SIGNATURE (not necessarily the (extrinsic validity) prescribed by the
FULL NAME) law of:
- Q: Suppose there is an alteration without the ▪ The place of his residence or
full signature, is the whole will void? A: No, only domicile;
the alteration is VOID. However, if the DATE ▪ His own country or nationality;
was the one altered or the SIGNATURE, the ▪ The Philippines
alteration without full signature makes the ▪ The law of the place of
WHOLE will VOID execution
- EXAMPLE: A Chinese domiciled in Argentina, is
ART. 815. When a Filipino is in a foreign country, he is on his way to Manila. The boat where he is, is
authorized to make a will in any of the forms staying for one day in Japan. In Japan, can he
established by the law of the country in which he may make a will? If so, what country’s formalities
be. Such will may be probated in the Philippines. (n) should he observe?
- Article is permissive, not mandatory o ANS: This is a typical case of an alien
- EX: A Filipino, in California, can make a will abroad. Therefore, he can make a will
there in accordance with the forms (extrinsic in accordance with the testamentary
validity) of: formalities of:
o California ▪ Argentina (domicile)
o Or of the Philippines (even if the PH ▪ China (nationality)
form is not recognized in California) ▪ PH
- Carlos Reyes, a Filipino citizen residing ▪ Japan (lex loci celebrationis –
temporarily in Oregon, State of Washington law of the place of execution)
(US), executed a will in accordance with the
laws of said state. Assuming the testator ART. 817. A will made in the Philippines by a citizen or
returns to the Philippines and dies here subject of another country, which is executed in
P a g e | 16

accordance with the law of the country of which he is - WILLS THAT ARE NOT JOINT WILLS
a citizen or subject, and which might be proved and o Those made on a single sheet of paper,
allowed by the law of his own country, shall have the the first on the front, and the second
same effect as if executed according to the laws of the on the reverse side. (Reason: There are
Philippines. (n) really two wills here)
- FORMALITIES FOR WILLS EXECUTED BY ALIENS o Those made even on the same page
IN THE PH with or without a dividing line between
o EX: If a Chinese lives in Manila, he can them, but neither combining the
follow the extrinsic formalities of Will signature of BOTH together. (Reason,
required there are really two instrument or
▪ In China (lex nationalii) wills, which are INDEPENDENT to each
▪ PH (lex loci celebrationis) other)
- A will executed in Manila by a citizen of Illinois ▪ Reciprocal wills between a
living in Manila, and which follows the husband and wife, as long as
requirements in Illinois, can be admitted to not made jointly, are valid
probate in the PH - QUERY: A joint will (executed by a husband and
his wife) was previously probated by the RTC.
ART. 818. Two or more persons cannot make a will There being no appeal, the judgment became
jointly, or in the same instrument, either for their final. Can the joint will be given effect?
reciprocal benefit or for the benefit of a third person. o ANS: YES, for while joint wills are
(669) prohibited and should have been
- JOINT WILLS. Defined disallowed, still in this case, the
o Those which contain in ONE judgment had already became final.
instrument the will of two or more This is NOT a case of lack of
persons jointly signed by them jurisdiction: it is simply an instance of
▪ EX: A and B, friends, made a an erroneous but valid judgment
will in one instrument, making
C their heir. (Under the law, ART. 819. Wills, prohibited by the preceding article,
joint wills are VOID). executed by Filipinos in a foreign country shall not be
- RECIPROCAL or MUTUAL WILLS. Defined valid in the Philippines, even though authorized by the
o Those that provide that the survivor of laws of the country where they may have been
the testators will succeed to all or executed. (733a)
some of the properties of the - EFFECT OF JOINT WILLS EXECUTED ABROAD
decedent o Art. 819 is an expression of public
▪ EX: A made a Will making B his policy and clearly one exception to the
heir. B also made a WILL rule of lex loci celebrationis
making A as his heir o NOTE: Prohibition only refers to
• NOTE: Mutual wills or Filipinos (page 127)
reciprocal will by
themselves are VALID, SUBSECTION 4.— Witnesses to Wills
but if made in one
instrument, they are ART. 820. Any person of sound mind and of the age of
void, not because they eighteen years or more, and not blind, deaf or dumb,
are reciprocal, but and able to read and write, may be a witness to the
because they are joint execution of a will mentioned in article 805 of this
- REASONS WHY JOINT WILLS ARE VOID Code. (n)
o A will is purely a personal act - QUALIFICATIONS FOR WITNESSES TO
o To prevent undue influence by the NOTARIAL WILLS
more aggressive testator on the other o At the time of attesting, the witness
o In case of death of the testators at must be:
different times, probate would be ▪ Of sound mind
harder ▪ At least 18 years old
o It militates against the right of a ▪ Able to read and write
testator to revoke his will at any time ▪ Not blind, deaf or dumb
o In case of a husband and wife, one may ▪ Domiciled in PH
be tempted to kill the other
P a g e | 17

▪ Not have been CONVICTED (by shall, so far only as concerns such person, or spouse,
final judgment) of or parent, or child of such person, or any one claiming
FALSIFICATION of a document; under such person or spouse, or parent, or child, be
PERJURY; or FALSE TESTIMONY void, unless there are three other competent
o NOTE: A credible witness must have all witnesses to such will. However, such person so
the qualifications specified by the NCC attesting shall be admitted as a witness as if such
- QUESTION: Is it essential for the witness to be devise or legacy had not been made or given. (n)
able to speak and write the very language in - WITNESSES CANNOT INHERIT
which the will was written? ANS: NO, since o They are capacitated to witness, but
after all, the witness does not even have to incapacitated to inherit
know the contents of the will. Therefore, he ▪ EX: T made a notarial will with
does not have to understand the language A, B and C as witnesses. In the
concerned. will, A was given a piece of
land as a devise. There were of
ART. 821. The following are disqualified from being course other testamentary
witnesses to a will: provisions. Is the will valid?
ANS: The will is valid, except
(1) Any person not domiciled in the Philippines; with respect to A being a
devisee. He is one of the three
(2) Those who have been convicted of falsification of witnesses in the will. While he
a document, perjury or false testimony. (n) may be capacitated as a
- MORE QUALIFICATIONS FOR WITNESSES THAN witness, he is incapacitated to
FOR TESTATORS inherit pursuant to Art. 823
o It is not essential that the witness be a ▪ The disqualification extends
PH citizen, for domicile is what the law to:
merely requires. DOMICILE – place of • Witness
habitual residence • Spouse of witness
- RULE IF WILL IS EXECUTED ABROAD • Parent of witness
o If a Filipino in the US wants to execute • Child of witness
a will in accordance with PH laws, do • Anyone claiming the
his witnesses have to be domiciled in right of witness,
the PH? ANS: Negative, after all, the spouse, parent or
will is being made in the PH child (Ex: Creditor)
▪ Generally, there are two o EFFECT IF WITNESS IS A COMPULSORY
reasons for the requirement of HEIR
PH domicile: ▪ If the witness, spouse, parent
• The assurance that the or child (of the witness) is a
witness will be compulsory heir, said is
available at the time entitled to the LEGITIME,
the will is presented otherwise this would be an
for probate; easy way to sort of disinherit
• The likeliness of him without any justifiable
personal cause
acquaintance with the
testator ART. 824. A mere charge on the estate of the testator
- NOTARY PUBLIC IS DISQUALIFIED TO BE A for the payment of debts due at the time of the
WITNESS TO SAID WILL testator’s death does not prevent his creditors from
being competent witnesses to his will. (n)
ART. 822. If the witnesses attesting the execution of a
will are competent at the time of attesting, their SUBSECTION 5.— Codicils and Incorporation by
becoming subsequently incompetent shall not Reference
prevent the allowance of the will. (n)
ART. 825. A codicil is a supplement or addition to a
ART. 823. If a person attests the execution of a will, to will, made after the execution of a will and annexed to
whom or to whose spouse, or parent, or child, a devise be taken as a part thereof, by which any disposition
or legacy is given by such will, such devise or legacy
P a g e | 18

made in the original will is explained, added to, or the attestation clause of the will itself
altered. (n) is sufficient
- CODICIL. Defined - REQUISITES FOR VALIDITY OF DOCUMENTS
o Literally means little code or a little will INCORPORATED BY REFERENCE
- A codicil, since it refers to a will, cannot be o Document or paper referred to in the
made before a will; it is always made after. ** will must be in existence at the time of
NOTE: Codicil may later on be revoked by the will.
another will or codicil ▪ Reference to future papers will
- RULE IN CASE OF CONFLICT BETWEEN WILL render the incorporation VOID
AND CODICIL ▪ The will must refer to the
o CODICIL SHALL PREVAIL, AS IT IS THE papers as having been already
LATER EXPRESSION OF THE TESTATOR’S made; it is not enough that in
WISHES truth it was already in
existence
ART. 826. In order that a codicil may be effective, it o Will must clearly describe and identify
shall be executed as in the case of a will. (n) the same, stating among other things,
- FORMALITIES OF CODICILS the number of pages thereof
o In the case of wills, there can be: o Must be identified by clear and
▪ Notarial or ordinary codicils satisfactory proof as the document or
▪ Holographic codicils paper referred to therein
o If a codicil is not executed with the o Must be signed by the testator and the
formalities of a will, said codicil is void witnesses on each and every page,
o A valid will can never be revoked, except in case of voluminous books of
expressly or impliedly by an invalid account or inventories
codicil - INCORPORATION CAN GENERALLY BE DONE
ONLY IN NOTARIAL WILLS
ART. 827. If a will, executed as required by this Code, o However, if a holographic will happens
incorporates into itself by reference any document or to have at least 3 credible and qualified
paper, such document or paper shall not be witnesses, there can be a proper
considered a part of the will unless the following incorporation by reference
requisites are present: o If a holographic refers to a document
entirely written, dated and signed in
(1) The document or paper referred to in the will must the handwriting of testator, there can
be in existence at the time of the execution of the will; also be a proper incorporation by
reference
(2) The will must clearly describe and identify the
same, stating among other things the number of
pages thereof; SUBSECTION 6.— Revocation of Wills and
Testamentary Dispositions
(3) It must be identified by clear and satisfactory proof
as the document or paper referred to therein; and ART. 828. A will may be revoked by the testator at any
time before his death. Any waiver or restriction of this
(4) It must be signed by the testator and the witnesses right is void. (737a)
on each and every page, except in case of voluminous - REVOCABILITY OF A WILL
books of account or inventories. (n) o Until the death of the testator, a will is
- INCORPORATION BY REFERENCE ambulatory and revocable, since the
o Purpose of this article is to provide for will concerns a disposition of
those cases when a testator wishes to properties and rights effective after
incorporate to his will only by death
reference certain documents or o Heirs do not acquire any vested right to
papers, especially inventories and the disposition in a will until after the
books of accounts. Thereby, testator is testator’s death
able to save time and energy o Provisions in a will which are ordered
o Said documents or inventories, when to be effected immediately, even
referred to in a notarial will, do not during the testator’s lifetime, are all
need any attestation clause, because right, provided the proper formalities
P a g e | 19

and requisites are present, but they

are not really testamentary disposition