Wills and Successions

Saturday July 30, 2016

What is a notarial will?

Art. 805
What is an attestation clause?
The attestation clause is the act of whom? The witnesses? Testator? Both?
What is a will?
What is a donation mortis causa?
o Does it need to comply with the formalities of a will? Art. 728
Is there a phrase in article 805 which tells you that the attestation clause is
an act of the witnesses?
Atty. Miguel was convicted of a crime of estafa, while serving his sentence, he
executed a holographic will. 1 year after its execution, he died. Is it valid?
o People vs. Umali
o Answer is 796-798
o Yes
Article 805 again then article 804.

(If the facts does not ask you to qualify, you do not qualify your answer. That
is a no no!
(Article states or provides, do not use the articles says)
(Do not use the phrase I think when answering.)
o The conviction for falsification does not incapacitate a person to make
a will. He is only incapacitated to be a witness to an execution of a will.
Do you remember a crime that carries with it the penalty of civil interdiction?
(give examples)
What do you mean by civil interdiction?
o Is he capacitated to make a will?
o Does the penalty of civil interdiction prohibits the execution of a will?
No. because it prohibits disposition INTER VIVOS but not
disposition MORTIS CAUSA.
What is a legitime and a free portion?
Atty. Miguel, in January 1, 2014, executed a holographic will. Only compulsory
heir was his wife and a niece he treated as an ampon. In his will, he instituted
his wife of estate and also to his ampon. At the time he executed the
will, he has 6 properties. In 2016, he was able to acquire additional 2
properties. He died in 2018. The ampon is claiming 4 properties but the wife
of Miguel contends that only 3 properties belongs to the ampon