Wills and Successsion Richard Allan A.
Lim
Problems (Please check codal provisions or Commentaries of
Tolentino for correct answers):
1.1 X named Y in his will to distribute to the victims of Ondoy
his earnings in bank X. 5 days after his death, the heirs of X
contest the said designation stating that Y cannot distribute the
said earnings due to failure to specify who among the victims
will receive the funds.
Answer: Art. 786
1.2 Suppose the designation includes the determination which
part of the earning is left to Y.
Answer: It violates Art. 786, which covers only distribution
2. After execution of his will, W acquired 3 more properties.
Does the will cover the 3 properties obtained after its
execution?
3. U, who suffers from paralysis, executed a will where he
disposes of his property to V, a close friend is the will valid?
Answer: For as long as the illness does not touch the subject of
the will, then the will cannot be invalidated
4.1 T executed a will wherein it states that since I was able to
acquire property in Malolos through the help of Superman, I
would like to dispose of the property to S who to me is
Superman. Is the will valid?
Answer: No, it is a sign of incapacity
4.2 What if T disposed of the property to S due to his belief
based on feng shui?
Answer: Yes, will is valid. Belief in feng shui is a cultural
value and it is up to the judgment of T whether to follow it or
not
4.3 What if T stated that he is giving S the property because
the property is given by Gods and S is Gods gift to me? execution of the will, what can be the remedy of those who are
Answer: No, will is invalid. Religious delusions is a sign of
incapacity
5. R, who is a mentally ill person who is in and out of the Phil.
Mental Hospital, executed a will. Is the will valid?
Answer: No, incapacitated under Art. 801
6.1 Q authorized P to execute a will in his presence, and at the
end of the will after the dispositive portion it appeared the
name of P. Is it a valid will?
Answer: No, the will must be signed by the testator or by his
name.
6.2 What if Q merely placed an X mark on the will
Answer: It will suffice even though not Qs signature (see the
case of Garcia vs. Acuesta)
7. O executed a will. During the signing by the testators, there
was a blackout. One of the witnesses, N, divulged that they
were not able to read the will. Is the will invalid?
8. M executed a will disposing his land in Malolos to L, his
land in Caloocan to K, and his car to his husband J. 3 months
For personal use only. Unauthorized distribution prohibited
later she had argument with J. She then executed a will where
she excluded J and the car was given to H. Does the new will
revoke the old one?
9. G executed a will where it revokes it its disposition of P
1,000,000 in favor of F and gave the same to E where I am
giving P 1,000,000 to E because he killed my enemy D. Is the
will valid?
Answer: Art. 833
10. C executed a will, composed of 4 pages. What the
witnesses did after C signed the will is merely affix their
signature on every page? Does the will comply with the
requirements of law?
Answer: No, there must be an attestation clause
11.1 Witnesses were presented during the probate of the will
of B. After the proceedings where the will was deemed valid,
one of the witnesses averred that there were some
inconsistencies with respect to other witnesses who signed the
will as they were outside the house of the testator when the
testator signed the will. Can the will be invalidated?
Answer: The will is valid since judgment rendered upon it is
final. (See case of Tolentino vs. Fransisco, de Jesus vs. de
Jesus)
11.2 During the probate, 5 witnesses were presented, which
rendered the will valid. After jiugdment, 3 of the witnesses
repudiated their testimonies on appeal.
Answer: See the case of Javera vs. Garcia
12. Suppose Z made his mistress AA as an heir in his will. Can
the court touch upon the validity of the disposition?
13. Suppose it was discovered that there was fraud in the
against the probate?
14. AB designated his son AC and his best friend AD as heirs
in his will. Will AC and AD receive equal shares?
Answer: No, compulsary heirs have a greater share and rights
and they have legitimes which cannot be freely disposed
15. Suppose AE instituted his son AF as his heir. But it turns
out that he had several sons named AF. Resolve
Answer: Art. 843
16. AG instituted AH as his sole heir but indicated that AH
first pass the bar exam before he enters into possession of his
legitime. AG further indicated that should AH fail to pass the
bar, AI shall take the place of AH. Can such substitution be
valid?
17. AJ instituted AK as his heir, stating that AK shall reserve
the property for his sons but that AK cannot enjoy the fruits of
the same and that AKs sons shall enjoy everything. Is such
fideicommissary substitution valid?
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 Wills and Successsion Richard Allan A. Lim
General Rules on inheritance (Art 776) Purpose of attestation clause
1. Rights purely personal in their nature cannot be 1. Identify the instrument
transmitted 2. Protect the testator from fraud and deception so that he
2. Patrimonial or property rights are as a general rule not may freely and voluntarily express his testamentary intent
extinguished by the death of the decedent and may 3. To ascertain the testamentary capacity of the testator
constitute part of the inheritance, except those provided
by law Advantages and Disadvantages of Holographic Wills (Art.
3. Rights of obligations are by their nature transmissible, 810)
which includes both the creditor and debtor Advantages Disadvantages
1. Simple and easy to make 1. No guaranty as to the
Death is not the sole factor affecting the transmission of rights. capacity of the testator
The elements of the transmission of rights are: 2. Induces foreigners in our 2. No protect against
1. Express will of the testator, within the limits provided by jurisdiction to set down their violence, intimidation, or
law, calling certain persons to succeed him, or in the last wishes undue influence which may
absence of a will, the presumed intention of the testator not be known in case of
2. Death of the person whose succession is called into immediate death of the
question testator
3. Acceptance of the inheritance by the person called to 3. Guaranties the absolute 3. May not faithfully express
succession secrecy of the testamentary the will of the testator due to
dispositions faulty expressions
Characteristics of wills (Art. 783) 4. Can be easily falsified by
1. Purely personal act expert forgers due to lack of
2. Free will, without violence, fraud or deceit witnesses to intervene in the
3. Disposes of property execution
4. Revocable - will of the testator may change anytime 5. Easily concealed
before his death
5. Formally executed Reasons for prohibitions of joint and mutual wills (Art. 818)
6. Testator has testamentary capacity 1. Making a will is purely personal and unilateral act and
7. A unilateral act such will be defeated by two or more persons who made
8. And an act mortis causa their wills in the same instrument
2. Contrary to revocable character of the will
2 kinds of ambiguity (Art. 789) 3. May expose testator to undue influence
1. Patent or extrinsic ambiguity
a. Appears on the face of the will Revocation vs. Nullity (Art. 828)
2. Latent or intrinsic ambiguity Revocation Nullity
a. Cannot be seen from mere perusal of the will but 1. Act of the testator 1. Proceeds from law
only after considering external circumstances 2. Valid act presumed 2. Inherent in the will whether
an intrinsic or extrinsic effect
Common Requirements of Wills (Art. 804)
3. Takes place during the 3. Invoked after the death of
1. Must be in writing
lifetime of the testator the testator by his intestate or
2. In a language known by the testator
compulsary heirs
4. This right cannot be 4. Can be disregarded by
Requisites of wills (Art. 805, in addition to Art. 804)
revoked heirs through voluntary
1. Must be signed at the end by the testator or the testators
compliance
name written by another person in his presence and under
his express direction
Revocation vs Disallowance (Art. 837)
2. Must be subscribed and attested by at least 3 credible
witnesses in the presence of the testator and each other Revocation Disallowance
3. Each and every page of the will must be numbered 1. Voluntary act of the 1. Done by judicial decree
correlatively in letters on the upper part of each page testator
4. Each and every page must be signed on the left margin by 2. Can be done even without 2. Can be decreed only for
the testator or the person requested by him to write his just cause just causes provided by law
name, and by the instrumental witnesses in the presence 3. May be partial or total 3. Always total
of each other
5. Must contain an attestation clause 2 kinds of probate proceedings (Art. 838)
6. Must be acknowledged before a notary public by the 1. Ante mortem
testator and the witnesses 2. After the death of the testator

For personal use only. Unauthorized distribution prohibited 2

 Wills and Successsion Richard Allan A. Lim
The RTC acquires jurisdiction to probate a will when it is 2. An obligation clearly imposing upon the first heir the
shown by evidence before it that: preservation and the transmission of the property to the
1. A person has executed a will or has died leaving behind a second heir
will 3. A second heir to whom the property is transmitted from
2. In case of a resident of the Philippines, he resides or had the first heir
died in the province where the court exercises territorial
jurisdiction Requisites for fideicommissary heir:
3. In case of non-resident, that he has estate in the province 1. Must not be more than one degree beyond the heir
where the court resides originally instituted
4. That the will has delivered to the court and is in the 2. Must be living at the time of the testators death
possession of the court

A petition for the probate or allowance of a will must show, as

far as known to the petitioner, the following:
1. The fact of the death of the testator, including the time
and place of death
2. The fact that the testator left a will, attaching a copy of it
3. The fact that the will was executed according to law
4. Whether the person named executor consents to such act,
or renounces his right to become the same
5. The names, ages, and residences of the heirs, legatees and
devisees of the decedent
6. The probable value and character of the property of the
testator
7. The name of the person whose appointment as executor is
prayed for
8. If the will had not been delivered to the court, the name of
the person having the custody thereof

Disinheritance vs. Preterition (Art. 854)

Disinheritance Preterition
1. Voluntary 1. May be voluntary but
presumed by law to be
involuntary
2. There is always legal cause 2. Law presumes that there
must have been some
oversight or mistake
3. Compulsary heir is 3. Omitted heir gets not only
excluded from inheritance if his legitime but also hi share
valid, if not valid they are in the free portion not
restored to the legitime disposed of by way of
legacies or devices

Requisites of preterition
1. There be total omission, if they received anything from
the testator even by way of donations inter vivos, then
there is no preterition but merely a case of incomplete
legitime under Art. 909 where it is considered as an
advance on their inheritance
2. Heir omitted is a compulsary heir in the direct line
a. Omits those born between the date of the
execution of the will and the moment of death of
the testator
b. If preterited heir dies before testator, the
preterition stands.
3. That the compulsary heir survive the testator

Requisites of fideicommissary substitution (Art. 863)

1. A first heir to the substitution
For personal use only. Unauthorized distribution prohibited 3