Wills and Succession (Inheritance): Masterclass for Paralegals, Lawyers, and Students, Study notes of Law

Download Wills and Succession (Inheritance): Masterclass for Paralegals, Lawyers, and Students and more Study notes Law in PDF only on Docsity!

Wills and Succession

(Inheritance)

MASTERCLASS FOR

PARALEGALS, LAWYERS, AND

STUDENTS

VLC Review Center, 09 December 2023

DEAN MYRA ANGELI A. GALLARDO-BATUNGBAKAL

SUCCESSION

Article 774. Succession is a mode of acquisition by

virtue of which the property, rights and

obligations to the extent of the value of the

inheritance, of a person are transmitted through

his death to another or others either by his will or

by operation of the law.

Nota Bene!!! Article 777. The rights to the succession are transmitted from the moment of death of the decedent. Requisites for Succession Mortis Causa:

1. death (actual or presumed)
2. rights or properties that are transmissible
3. transferee (must be living, i.e. no predecease; no repudiation; no incapacity)

 Prior to a person’s death, his heirs merely have an inchoate right to his property. Therefore, during his lifetime, the heirs have no right of disposition or alienation over said properties. Tordilla v. Tordilla, 60 Phil 162  Q: Can an heir dispose of his share in the estate pending liquidation?  A: Yes. The property is no longer “future property.”  NOTE: FUTURE INHERITANCE CANNOT BE SOLD.

 Q: Wife and children survive the decedent. Wife sells conjugal property. Valid?  A: Yes, but only insofar as her share is concerned. As to the shares of her children, sale is invalid. Reason: children acquired the properties at the moment of decedent’s death (and not at the time of the judicial declaration of heirship). Ibarie vs. Po. L-5046, Feb. 27, 1953

Kinds of Succession Article 778. Succession may be:

1. Testamentary;
2. Legal or intestate; or
3. Mixed NOTE: 2 more kinds of succession:
4. Compulsory or forced succession – where the decedent is compelled to give the heirs their legitimes; heirs, however, are free to refuse
5. Contractual succession

INTESTATE SUCCESSION (WITHOUT A WILL) ENTIRE ESTATE GOES TO THE COMPULSORY HEIRS 100%

TESTAMENTARY SUCCESSION WILLS

Article 783. A will is an act whereby a person is

permitted, with the formalities prescribed by

law, to control to a certain degree the

disposition of his estate, to take effect after his

death.

Elements of Succession  1. Making a will is a statutory right.

• Testator is allowed “to control to a certain degree the disposition of his estate after his death.”

2. It is a unilateral act.
3. It is a solemn or formal act.

4. There must be animus testandi.
5. Testator must be capacitated.
6. It is a personal act.
7. It is effective mortis causa.

Rabadilla v. CA, 113725, June 29, 2000

- A will cannot be subject of a compromise

agreement as it defeats the purpose of

making a will.

• Testator’s wishes must be strictly followed.

JOINT WILL ARE GENERALLY NOT ALLOWED 4 Situations regarding Joint Wills:

1. Filipinos executing a joint will in the Philippines - INVALID
2. Filipinos executing joint wills abroad - INVALID
3. Aliens executing joint will in the Philippines - INVALID
4. Aliens executing joint will abroad (where a joint will is valid) - VALID

Notes on Joint Wills

❖ Joint wills are VOID whether they are

reciprocal or not.

❖ If the will is executed by Filipinos, regardless

where they execute the same, the will is

VOID due to public policy.

❖ If foreigners execute a joint will abroad and it

is valid in the place of execution in

accordance with Art. 816 , the same shall be

considered valid here.

❖ If foreigners execute a joint will in the

Philippines, the will is VOID.

Testamentary Capacity and Intent

Requisites of Testamentary Capacity:

1. T is not prohibited by law to make a will [Art.

796];

2. T is at least 18 years of age [Art. 797]; and

3. T is of sound mind at the time of the

execution of the will [Art. 798]