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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

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

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

NON-DELEGABLE when it comes to instittuions.

1. Property / Money to be given


2. Class / cause to be benefitted

Delegable when it comes to institutions

1. Manner of distribution (proportion to total amount)


2. Designation of persons within class / cause

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



Ambiguity

-Latent/ patent


-Clarify the ambiguity and ascertain intention of testator


-Admit relevant and admissible evidence


- Doubts in favor of testacy

Validity of Will

Extrinsic / Formal = EXECUTION of will


Intrinsic / Substantive = DEATH

Requisites for Testamentary Capacity

1. Sound mind


2. 18 years of age

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)

Presumptions that testator knew what language

1. WIll in language generally spoken in place of EXECUTION


3. Testator is native / resident of locality

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

Formal requirement for both attested and holographic

1. Writing


2. In language / dialect known to testator

2-fold purpose of acknowledgment

1. Safeguard testators wishes


2. Assure that estate is administered according to his wishes.

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

For Signing by Testator- WHat is mandatory / Directory

Mandatory = Sign every page + Presence of Witness




Directory = Place of signing (left / anywhere)

For Pagination

Mandatory = Conventional system of numbering




Directory = Letters or upper part

Order for signing

Testator first before witnesses


-Acknowledgment done separately, maintain capacity until last acknowledged

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

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

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)

Signature of witnesses in attestation clause

BOTTOM (Cagro vs. Cagro)

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

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)

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

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.

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

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

Testator is Deaf / Deaf Mute and Able to Read

Personally read the will

Testator Deaf unable to read

-2 persons to READ and communicate to him


-In some practicable manner the contents thereof

Blind requirements

Read to him twice, by notary and one of witnesses




Not required that attestation clause states this.




Illiterate also.