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31 Cards in this Set
- Front
- Back
Consequences of principle na from moment of death |
1. Law in force at time of decedents death 2. Ownership passes - dispose of share (gratuitous / onerous) 3. Heirs have right to be substituted in action that survives |
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Requisites for Succession |
1. Death 2. Transmissible Rights 3. Transferee is a. Alive (no predecease) b. Willing (no repudiation) c. Capcacitated to inherit i. Guilty of adultery / concubinage ii. Guilty of same criminal offense, in consideration iii. Pub off, ascen, descen, spouse by reason of ofifce |
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Acts which may not be left to third person |
1. Designation of HDL 2. Duration of 1 3. Efficacy of 1 4. Determination of which portions they are to take 5. Determination of WON the testamentary disposition is to be operative |
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NON-DELEGABLE when it comes to instittuions. |
1. Property / Money to be given 2. Class / cause to be benefitted |
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Delegable when it comes to institutions |
1. Manner of distribution (proportion to total amount) 2. Designation of persons within class / cause |
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Characteristics of a will |
UPV-FIRM-ACS 1. Unilateral 2. Personal (no 3rd) 3. Voluntary and Free (no vitiation of consent) 4. Formal 5. Individual 6. Revocable 7. Mortis Causa 8. Animus Testandi 9. Capacity (testamentary) 10. Statutory |
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Ambiguity |
-Latent/ patent -Clarify the ambiguity and ascertain intention of testator -Admit relevant and admissible evidence - Doubts in favor of testacy |
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Validity of Will |
Extrinsic / Formal = EXECUTION of will Intrinsic / Substantive = DEATH |
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Requisites for Testamentary Capacity |
1. Sound mind 2. 18 years of age |
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Soundness of mind |
NOC Sufficient that at time of MAKING the will: 1. Nature of estate to be disposed of 2. Proper objects of his bounty 3. Character of testamentary act (disposes gratuitously, take effect on death) |
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Presumptions that testator knew what language |
1. WIll in language generally spoken in place of EXECUTION 3. Testator is native / resident of locality |
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Presumption of Sanity Inverted |
1. One month before making will, publicly known to be insane 2. Under guardianship for insanity 3. Before order to be committed has been lifted |
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Formal requirement for both attested and holographic |
1. Writing 2. In language / dialect known to testator |
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2-fold purpose of acknowledgment |
1. Safeguard testators wishes 2. Assure that estate is administered according to his wishes. |
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Testator must sign in presence of witness means |
1. Actual seeing not required 2. Ability to see each other by merely casting eyes in the proper direction 3. Without any physical obstruction to prevent him from doing so |
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For Signing by Testator- WHat is mandatory / Directory |
Mandatory = Sign every page + Presence of Witness Directory = Place of signing (left / anywhere) |
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For Pagination |
Mandatory = Conventional system of numbering Directory = Letters or upper part |
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Order for signing |
Testator first before witnesses -Acknowledgment done separately, maintain capacity until last acknowledged |
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Requirements of A Notarial Will |
SAMPAN 1. Subscription by Testator 2. Attestation and Subscription by Witnesses 3. Marginal Signatures 4. Page Numberings 5. Attestation Clause 6. Notarial Acknowledgment |
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Signature by Another |
1. Testator's name written by 3rd P 2. In his presence 3. By his express direction 4. This is stated in the attestation clause 5. Take place in the presence of the witnesses |
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Exceptions to Marginal Signatures |
1. Last page, if 2 or more pages 2. Only one page 3. 2 pages, and the first is all the dispositions and the 2nd is the attestation clause (Abangan) |
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Signature of witnesses in attestation clause |
BOTTOM (Cagro vs. Cagro) |
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Contents of Attestation Clause |
1. Number of pages of will 2. Testator / agent (under his express direction) signed the will and every page thereof in the presence of the witnesses 3. Witness witnessed and signed the will and every page thereof in presence of testator and of one another |
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Exception to NUMBER OF PAGES |
If stated elsewhere in the will how many pages like in the acknowledgment (Taboada vs. Rosal) Pagination in letters is sufficient safeguard of will's integrity (Celada) |
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Rule of Substantial Compliance |
1. In the absence of BFFU(Bad faith, fraud, forgery, undue and improper pressure and influence) 2. Defects and imperfections in the form of the attestation or the language used therein shall not render the will invalid 3. In fact executed and attested in substantial compliance with 805 |
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Remedy for defects and imperfections IF |
Defects and imperfections can be supplied by an examination of the will itself without need to resort to external evidence. |
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Those included in the substantial compliance rule for attestation clause |
1. Pages numbered? 2. Signatures appear on each page? 3. There were 3 subscribing witnesses 4. Will notarized |
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Those not included in the substantial compliance rule for attestation clause |
1. Total number of pages (Azuela and Lopez) 2. WON all persons signing did so in the presence of one another |
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Testator is Deaf / Deaf Mute and Able to Read |
Personally read the will |
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Testator Deaf unable to read |
-2 persons to READ and communicate to him -In some practicable manner the contents thereof |
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Blind requirements |
Read to him twice, by notary and one of witnesses Not required that attestation clause states this. Illiterate also. |