WILLS and SUCCESSION

P250 (Art 250) Q: How is Fideicommissary Substitution Made? What is the obligation of a Fiduciary?

1. Every fideicommissary substitution must be made Expressly; 2. The Fiduciary shall be obliged to deliver the inheritance to the second heir; without other deductions than those which arise from legitimate expenses, credits and improvements, save in the case where the testator has provided otherwise.

P143 (Art 830) Q: Revocation by the Execution of Another Will or Codicil?

1. Revocation in this manner may be express or implied (implied revocation consists in complete inconsistency between the two wills) 2. A will may be revoked by a subsequent will or codicil, either notarial or holographic; 3. It is essential however that the revoking will be itself a valid will (validly executed as to form), otherwise there is no revocation; 4. The revocation made in the subsequent will must indeed be a definite one. A mere declaration that sometime in the future, the first would be revoked is not enough (there nothing wrong with conditional revocation though)

P 208 (Art 847) Q: T instituted B, C and his three (3) children to an estate of Php 600,000. How much would each of them get? Why?

P 208 (Art 847) We apply here the the rule of first giving the children their legitimes and dividing the balance into five. Hence, 300K as legitime goes to children ( each getting 100K) while the remaining 300K will be divided among the five instituted.)

P 62 ( Art 795) Q: General Rules on Validity?

P 62 ( Art 795) 1. EXTRINSIC VALIDITY (a) From viewpoint of Time - law in force at the time the Will is made; (a) from the viewpoint of Place - depends: a.1. Testator is Filipino - he can observe Phil Laws or those where he may be (art815) or where he executed the Will (art 17) a.2. Testator is Alien who is abroad, he can follow law of domicile or nationality or Phil Laws (art 816) or where he executes (art 17) a.3. Testator is Alien in Phils, he can follow law of his nationality (art 817) or Phil law since he executes Will here (art 17) 2. INTRINSIC VALIDITY (a) From viewpoint of Time - successional rights are governed by the law in force at the time of the Decedent's Death (art 2263) (b) From viewpoint of. Place - the National law of the of the Decedent. That is, the Law of his Country or nationality (art 16) - regardless of place of execution or place of death.

P.108 (Art 810) Q: Advantages of a Holographic Will? Disadvantages?

P.108 (Art 810) 1. Easier to Make 2. Easier to Revise 3. Easier to Keep Secret 1. Easier to Forge by Expert falsifiers 2. Easier to misunderstand since the testator may have been faulty in expressing his last wishes 3. No guaranty that there was no fraud, force, intimidation undue influence; and no guaranty regarding soundness of testator's soundness of mind.

P.108 (Art 810) Q: Define "Holographic Will"

P.108 (Art 810) A Holographic Will is one entirely written, dated, and Signed by the Testator

P.148 (Art 835) Q: 'Republication' defined How made?

P.148 (Art 835) It is the process of re-establishing a will, which has become useless because it was void, or had been revoked Republication may be made by: 1. Re-execution of the original will (the original provisional are Copied) 2. Execution of a Codicil ( also known as implied republication)

P.149 (Art 836) Q: Requisites and Limitations of Republication

P.149 (Art 836) 1. To republish a will void as to its form, all the disposition must be reproduced or copied in the new or subsequent will; 2. To republish a will valid as to its form but already revoked, the execution of a codicil which makes reference to the revoked will is sufficient.

P.151 (Art 836) Q: Effects of Republication by Codicil?

P.151 (Art 836) 1. Codicil revives the previous will 2. The Old will is Republished as of the date of the Codicil- makes it speak, as it were, from the new and later date; 3. A Will republished by a codicil is governed by a statute enacted subsequent to the execution of the will, but which was operative when the codicil was executed.

P.153 (Art 837) Q: Republication vs Revival

P.153 (Art 837) 1. Republication is an act of the Testator 2. Revival is one that takes place by Operation of law

P.185 (Art 838) Q: What is meant by the fact that the will was Ambulatory?

P.185 (Art 838) A Will is essentially Ambulatory which means that at any time prior to the testator's death, it may changed or revoked; and until admitted to probate, it has no effect whatever and no right can be claimed thereunder, the law being quite explicit " No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. ( Art 838, par1)

P.239 (Art 863) Q: Fideicommissary substitution (indirect substitution) defined

P.239 (Art 863) Fideicommissary substitution (indirect substitution) is that by virtue of which a testator institutes a 1st heir, and charges him to preserve and transmit the whole or part of the inheritance later on to a 2nd heir (Art 863)

P.240 (Art 863) Q: purpose of Feideicommissary Substitution

P.240 (Art 863) "This is necessary for the prosperity and prestige of the family, bearing in mind the lack of intelligence, weakness of character, and vanity and prodigality of the descendants to whom the property may go. It has been contended that the power to appoint a feideicommissary substitute is a complement of the freedom of disposition which gives a powerful stimulus to the accumulation of wealth, and thus, maintains the tradition and social standing of the family" (code commission)

P.240 (Art 863) Q: Disadvantages of Feideicommissary

P.240 (Art 863) 1. Free circulation of property is somewhat curtailed, resulting in suspended ownership; 2. Property may be locked up or entailed in a family for a long period; 3. It is opposed to the liberty of property and to the principle that the making of a will is a strictly personal act; 4. The original purpose is feudalistic and is not in accord with the modern concept of ownership which puts the welfare of society over and above that of a particular family.

P.253 (Art 866) Q: Rules if Second Heir Predeceases the Fiduciary (not the testator)

P.253 (Art 866) 1.. The Second Heir inherits, Not from the First Heir but from the Testator (Art 866); 2. The Article applies only when all the essential requisites for a fideicommissary substitution are present, particularly the requirements that both heirs must be alive when the testator dies. In other words, while it is permissible for the 2nd heir to predecease the 1st Heir, neither must predecease the testator.

P.254 (Art 867) Q: Some Dispositions that should Not Take Effect

P.254 (Art 867) 1. Feidecommisary substitution not express, either by giving them this name, or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir; 2. Provisions which contain a Perpetual Prohibition to alienate, and even a temporary one, beyond the limit fixed in Art 863; 3. Those which impose upon the heir the charge of paying to various persons successively, beyond the limit prescribed in Art 863, a certain income or pension; 4. Those which leave a person the whole or part of the hereditary property in order that he may apply or invest the same according to secret institutions communicated to him by the testator.

P.262 (Art 871) Q: Various kinds of Institution?

P.262 (Art 871) 1. With a Condition (arts 871-877, 883-884) 2. With a Term (Arts 878, 880, 885) 3. For a certain purpose or cause (modal institution ( arts 871,882-883)

P.272 (Art 875) Q: Disposition Captatoria defined

P.272 (Art 875) Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void.

P.277 (Art 277) Q: Caucion Muciana defined

P.277 (Art 277) It is bond or security given in favor of those who would get the property if the condition be not complied. (Protestative condition imposed upon heir in not doing or not giving something)

P.297 (Art 886) Q: Legitime defined

P.297 (Art 886) Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs

P.299 (Art 886) Q: Purpose of the Legitime

P.299 (Art 886) 1. To protect the children and the surviving widow or widower from the unjustified anger or thoughtlessness of the other spouse - this is the purpose of the legitime. 2. If there are no compulsory heirs, it follows that there can be no legitime; 3. Legitime may be received from two aspects: first, as a right; and second, as the property itself. 4. Testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.

P.301 (Art 887) Q: Who are compulsory heirs?

P.301 (Art 887) 1. Legitimate children and descendants, with respect to their legitimate parents and ascendants; 2. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; 3. The widow or widower; 4. Acknowledged natural children, and natural children by legal fiction; 5. Other illegitimate children referred to in Art 287.

P.31 (Art 778) Q: Succession may be?

P.31 (Art 778) 1. Testamentary 2. Legal or Intestate 3. Mixed

P.319 (Art 891) Q: Four People involved in Reserva Troncal?

P.319 (Art 891) 1. ORIGIN - Ascendant or brother or sister from from whom the property came; (legitimate relative, Tranmission gratuitous title, no reserva yet, origin must be half bro or Sir) 2. PROPOSITUS - The descendant, bro/sis, who acquired the property gratuitously; (death gives rise to reserva, 3rd degree counted from, legitimate descendant or legitimate half bro or sis of origin; 3. RESERVOR/Reservista - Ascendant who in turn acquired the property from the descendant by operation of law; 4. RESERVEES/Reservatarios - Relative within 3rd degree belonging to the line from which the property came

P.338 (Art 891) Q: Extinguishment of Reserva?

P.338 (Art 891) 1. Death of the reservor 2. Death of All the would-be reservees AHEAD of the reservor 3. LOSS of the reservable properties, provided the reservor had no fault or negligence. 4. Prescription ( when reservor or stranger holds property adversely against the reservees, as FREE from reserva ( Reservor -30 yrs for Real, 8 yrs for Personal, because of bad faith 5. Registration under the Torrens System as free from reservation (without prejudice to liability of the reservor to the reservees) 6. Renunciation or waiver by All the Reservees After the death of the reservor.

P.365 (Art 909) Q: May Donations to Strangers be reduced?

P.365 (Art 909) Yes, if found to be inofficious, that is, if they exceed the amount set for free disposal

P.56 (Art 793) Q: Effect of Invalid Dispositions

P.56 (Art 793) 1. Even if one disposition or provision is invalid, it does not necessarily follow that all the others are also invalid. 2. The exception occurs when the various dispositions are indivisible in intent or nature.

P.56 (Art 793) Q: After-acquired properties? Rule , exceptions?

P.56 (Art 793) Property acquired after the making of the will. RULE: Only those properties already possessed and owned by the testator at the time the will was made may be given by the Will Except: 1. Expressly appears in the will that it was the intention to give such after-acquired properties. 2. If the will is republished or modified by a subsequent will or codicil (properties owned at the time of republication or modification may be given); 3. At the time testator made the will he erroneously thought that he owned certain properties, the gift of such properties will not be valid, unless after making the will, said properties will belong to him. 4. Legacies of credit or remission are effective only as regards that part of credit or debt existing at the time of the death of the testator

P.72 (Art 795) Q: Testamentary power vs Testamentary Capacity?

P.72 (Art 795) 1. Testamentary Power - Statutory right to dispose of property effective mortis causa WHEREAS Testamentary Capacity is the right to make a will provided certain conditions complied: - testator not prohibited to make will ( art 796) -18 yo (797) -sound mind at time of exec (art 798) 2. Active TC (right to make will) - is testamentary power WHILe Passive TC (power to receive) may be referred plainly as testamentary capacity; 3. TC is ability of one to make a will WHILE TP is privilege granted by law to someone to make a will.

P.76 (Art 799) Q: Requisites of Soundness of Mind?

P.76 (Art 799) 1. Testator knows the NATURE of the estate 2. Testator knows the PROPER OBJECTS of his bounty 3. Testator knows the knows the CHARACTER OF THE TESTAMENTARY act

P.76 (Art 799) Q: When is Testator be of Sound Mind?

P.76 (Art 799) To be of sound mind it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. It shall be sufficient that the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act.

P03 ( Art 774) Q: Succession Mortis Causa defined

P03 ( Art 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 law.

P111 (Art 810) Q: Formalities of Holographic Will?

P111 (Art 810) K-WrDS-AttA 1. Language must be known to Testator; 2. Will must be entirely Written; 3. Will must be Dated; 4. Will must be Signed by Testator himself; 5. There must be Animus Testandi 6. Must be executes at the time Holographic will is allowed, not before, time of death immaterial

P123 (Art 818) Q: Joint Wills defined

P123 (Art 818) Joint Wills which contain in One Instrument the Will of Two or More Persons

P124 (Art 818) Q: Reasons why Joint Wills are Void?

P124 (Art 818) 1. To allow as much as possible SECRECY, a will being a purely personal act; 2. To prevent Undue Influence by the more aggressive Testator on the other; 3. In case of death of Testators at different times, probate would be harder; 4. It militates against the right of the Testator to revoke his will at any time (ambulatory right); 5. In case of husband and wife, one may be tempted to kill the other.

P124 (Art 818) Q: A and B, who are friends made a mutual will in one instrument. Is the mutual will valid or not? Why?

P124 (Art 818) The Mutual Will is Not Valid not because it is Mutual or Reciprocal but because it is made in One Instrument or Joint.

P126 (Art 820) Q: Qualifications to Witnesses to a Will? Disqualification (Art 821)?

P126 (Art 820) 1. Sound mind 2. 18 3. Read and Write 4. Not blind, deaf or dumb 5. Domiciled in Phils 6. Not convicted by final judgment of Falsification, Perjury or False Testimony Art 821 1. Not domiciled in Philippines 2. Convicted of falsification, false testimony or perjury

P13 (Art 777) Q: Requisites of Mortis Causa? Conditions for the Transmission of Successional Rights

P13 (Art 777) 1. Death (actual or presumed); 2. Rights or Properties are Transmissible; 3. Transferee is still Alive (no predeceased), willing (no repudiation), is capacitated to inherit

P13 (Art 777) Q: How is Right to Succeed Transmitted?

P13 (Art 777) The rights to the succession are transmitted (made effective) from the moment of death of the decedent

P132 (Art 825) Q: Codicil defined

P132 (Art 825) A Codicil is a supplement or addition to a will, made after the execution of a will and annexed to be taken as part thereof, by which any disposition made in the original will is explained, added to or altered

P134 (Art 827) Q: Requisites for Validity of Documents Incorporated by Reference?

P134 (Art 827) 1. The document or paper referred to in the will must be in existence at the time of the execution of the will; 2. The Will must clearly describe and identify the same, stating among other things, the number of pages thereof; 3. It must be identified by clear and satisfactory proof as the document or paper referred to therein; 4. It must be signed by the Testator and the witnesses on each and every page, except in case of voluminous books of accounts or inventories.

P137 (Art 830) Q: When is Will Revoked?

P137 (Art 830) 1. By Implication of Law; 2. By Some Will, Codicil, or other writing executed as provided in case of wills; 3. By BTCO the will with the intention of revoking it, by testator himself, or by some other persons in his presence, and by his express direction.

P138 (Art 830) Q: Reasons for Allowing Revocation by Implication of Law?

P138 (Art 830) There may be certain changes in the family or domestic relations or in the status of his property, such that the law presumes a change of mind on the part of the testator.

P139 (Art 830) Q: Requisites of Revocation by Overt Act?

P139 (Art 830) 1. There must be an overt act specified by law (btco); 2. There must be a completion of at least of the subjective phase of the Overt act; 3. There must be Animus Revocandi; 4. The Testator at the time of Revoking must have capacity to make a Will.

P140 (Art 830) Q: T wanted to revoke his will, so he threw it into a stove so that it would be burned later on when the stove would be lighted. However, the will was later on recovered by X, who is an heir from the stove before it was lighted. a) Was there a revocation? Why? b) Would X inherit? Why give you reason

P140 (Art 830) There was No revocation here, for while there was intent to revoke, there never was the overt act of burning. However, The person who prevented the revocation, if he be an heir or a legatee or devisee, will still NOT inherit, not because of revocation by means of an overt act (for indeed there was NO over act) but because of revocation by implication of law, said person being incapacitated to inherit by reason of Unworthiness.

P143 (Art 830) Q: T made a will which was later discovered to be missing. He then informed his relatives he would make another. But he never did so. On his death, the missing will was found. Can it be Considered Revoked?

P143 (Art 830) No, because actually there has not been any of the overt acts mentioned under the law. And even if the will was never found, still Parol evidence may be introduced to prove its contents, for we may presume here that the destruction, if indeed there was any, was not authorized. ( Steele v Price)

P155 (Art 838) Q: Probate Defined

P155 (Art 838) Probate is the act of proving before a competent court the due execution of a will by a person possessed of testamentary capacity, as well as approval thereof by said court.

P156 (Art 838) Q: What shall Court do in Probate Proceedings?

P156 (Art 838) 1. Orders the probate proper of the will; 2 grants letters testamentary or letters with a will annexed; 3. Hears and approves claims against the estate; 4. Orders the payment of lawful debts 5. Authorizes the sale, mortgage, or any other encumbrance of real estate; 6. Directs the delivery of the estate or properties to those who are entitled thereto.

P157 (Art 838) Q: Why is Probate Essential?

P157 (Art 838) 1. The law expressly requires; 2. Probate is a proceeding in rem, and therefore, cannot be dispensed with or substituted by any other proceeding, judicial or extrajudicial without offending public policy; 3. The right of a person to dispose of his property by virtue of a will may be rendered nugatory; 4. Because absent legatees and devises, or such of them as may may have no knowledge of the will could be cheated of their inheritance through the collusion of some of the heirs who might agree to the partition of the estate among themselves to the exclusion of others.

P165 (Art 838) Q: And give the effect of a probate proper as regards its extrinsic validity?

P165 (Art 838) As long as there has been Final Judgement by a competent court of competent jurisdiction, and the period for filing petition for relief has expired without such petition having been submitted, the Probate Proper (or allowance) of the will is binding upon the Whole World (being a proceeding in rem) insofar as Testamentary Capacity (28 y.o, sound mind) and Due Execution (all formalities w/o ground for any disallowance) are concerned.

P165 (Art 838) Q: To be conclusive, which court has the full jurisdiction of probate?

P165 (Art 838) The RTC of province where : 1. He has real estate (for. Non-resident testator) 2. He resided at the time of his death (for resident) All RTC have jurisdiction, residence affects only the venue. Rule grants jurisdiction to the Court where jurisdiction is first invoked without taking venue into account. Moreover, it's essential that (a) it be proved before the court that he died after having executed a will (post mortem); (b) will has already been delivered to the court.

P173 (Art 838, Magallanes vs Kayanan, 1976) Q: What are EXCEPTIONS to a Rule that Probate Court has no jurisdiction to decide questions of Ownership?

P173 (Art 838, Magallanes vs Kayanan, 1976) 1. When the parties voluntarily submit this matter to the court; 2. When provisionally, the ownership is passed upon to determine whether or not the property involved is part of the estate.

P178 (Art 838) Q: A will was presented for probate many years after the death of the testator, is the right to institute probate already prescribed? Why?

P178 (Art 838) NO, the will may still be probated since prescription is not applicable. Statute of limitations fixes time limits for the filing of "civil actions" but not for "special proceedings" of which a probate is admittedly one. Probate is not exclusively established for the interest of the surviving heirs but primarily for the protection of the testator's expressed wishes that are entitled to respect as an effect of ownership and of the right of disposition.

P179 (Art 838) Q: Is the rule of estoppel applicable to probate proceedings?

P179 (Art 838) No. The rule of estoppel does not apply to probate proceedings for they are invested with public interest, and if estoppel would be applied, the ascertainment of the truth may be blocked. This should be avoided for the primary purpose of a probate is not the protection of the interest of living persons (obispo vs obispo)

P190 (Art 839) Q: When shall Will be Disallowed ?

P190 (Art 839) 1. Formalities prescribed not complied; 2. Testator insane or mentally incapable of making will at the time of Execution; 3. If executed through or under duress, or the influence of fear or threats; 4. If procured by undue and improper pressure and influence, on the part of the beneficiary or of some other persons; 5. Signature was procured by Fraud; 6. testator acted by mistake or did not intend that instrument he signed should be his will at the time of affixing his signature thereto.

P197 (Art 840) Q: Requisites for a Valid Institution?

P197 (Art 840) 1. The will must be Extrinsically Valid. Hence testator must be capacitated, formalities must be observed, no Vitiated consent, will must have been duly probated, will must be personal act of testator; 2. The Institution must be valid Intrinsically. Legitime must not be impaired, heir must be certain or ascertainable, no Preterition; 3. The Institution must be Effective. No predeceased, repudiation, incapacity of heir

P197 (Art 840) Q: INSTITUTION defined

P197 (Art 840) Institution of heir is an act by virtue of which a testator designate in his will the person or persons who are to succeed him in his property and transmissible rights and obligations.

P207 (Art 846) Q: B,C,D,E are all instituted to an estate of 1M but B is given a specific share of 1/10 only. How much are the shares of each of them? Why?

P207 (Art 846) C,D,E will divide equally the remaining 900K. The law says that heirs instituted without designation of shares shall inherit in equal parts

P211 (Art 849) Q: T instituted successively X and X's three (3) children to an estate of Php 40,000. How much will each of them get? Why? Give your reason.

P211 (Art 849) X would get the entire Php 40,000 in the meantime because the intention of the testator is clear that the institution be successive. Although the law provides that succession to a person and his children is deemed simultaneous however this may only lie in the absence of the contrary intention. Here, the testator's intention is unequivocal, that is, successive and the same is not illegal and therefore it must be followed.

P215 (Art 854) Q: Preterition Defined

P215 (Art 854) Preterition or Pretermission is the omission, whether intentional or not, of a compulsory heir in the inheritance of a person

P216 (Art 854) Q: Requisites of Preterition

P216 (Art 854) 1. There Total Omission in the inheritance 2. The omission must be of a Compulsory heir 3. The compulsory heir omitted must be in the Direct Line

P221 (Art 854) Q: Effects of Preterition?

P221 (Art 854) 1. Institution is Annulled without need of court action; (proper term is "void") 2. Legacies and. Devises shall remain valid insofar as they are not inofficious.

P223 (Art 854) Q: T has two legitimate children A & B. In hid will he gave a friend F a legacy of 60K. Instituted A as heir and deliberately omitted B. If the estate P100K, how should the estate be distributed on Ts death?

P223 (Art 854) In view of the preterition, the institution of A is not valid, but the legacy should be reduced by 10K for it had already impaired legitime to the extent of 10K. The free portion is only 50K. Therefore the remaining 50K shall be divided equally between A&B as compulsory heirs.

P226 (Art 856) Q: T has two legitimate children A & B. C is a legitimate child of A. A &B were instituted heirs. The estate is 100K. a) Supposed A dies ahead of T, how much will B and C get? Why? b) Supposed A renounces the inheritance, how much will B & C get? why? c) Suppose A is incapacitated. How much will B & C get? Why)

P226 (Art 856) a) A was a compulsory heir to the legitime of 25K. Therefore, C will get only 25K (legitime of A) in representation of A. The remaining 75K will all go to B. b) if A renounces the inheritance, C gets nothing since a person who renounces an inheritance cannot be represented. Therefore everything goes to B. c) If A is incapacitated, same answer with a.

P227 (Art 857) Q: Substitution defined aka Condition Institution

P227 (Art 857) Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted.

P228 (Art 857) Q: Purpose of Substitution?

P228 (Art 857) 1. To prevent the property from falling into the ownership of people not desired by the testator; 2. To prevent the effect of intestate succession; 3. Allow the testator greater freedom to help or reward those by reason of services rendered to the testator are more worthy of his affection and deserving of his bounty than intestate heirs.

P229 (Art 858) Q: Kinds of Substitution?

P229 (Art 858) 1. Simple or Common 2. Brief of Compendious 3. Reciprocal 4. Fedeicommisary

P232 (Art 859) Q: Suppose "T" institutes A and appointed B as substitute but T did not state the cause for the substitution, what should the cause may be?

P232 (Art 859) All or any of the three cases, Unless A has provided otherwise. In other words, is B predeceases A or renounces the inheritance, or is incapacitated to receive the inheritance, C will be the substitute heir

P233 (Art 859) Q: Some instances when the Substitution is Extinguished

P233 (Art 859) 1. Substitute predeceases the testator 2. Substitute is incapacitated 3. Substitute renounces inheritance 4. Institution of heir is annulled (say preterition) 5. Institution or Substitution is revoked by the testator 6. Will is Void or Disallowed or Revoked

P241 (Art 863) Q: Requisites and Limitations of the Feideicommissary

P241 (Art 863) 1. There must be First Heir called primarily or preferentially to the enjoyment of property; 2. There must be an obligation clearly imposed upon him to preserve and transmit to a third person the whole or part of the inheritance 3. A Second Heir 4. The 1st and 2nd heirs must be only one degree apart 5. Both heirs must be alive (or at least conceived) at the time of the testator's death (art 863) 6. Made in EXPRESS manner 7. Must not Burden the Legitime (arts 864,872, 904) 8. Must Not be Conditional.

P255 (Art 867) Q: T gave a devise of land to A and told A to never donate the property. Is the stipulation valid?

P255 (Art 867) Strictly speaking, the stipulation is of no effect (Art 867, No.2), but considering Art 870, it is submitted that the same would be valid but only for the first 20 years. Thus, X can donate the property after 20 years but not before.

P256 (Art 867) Q: T instituted his only son A but prohibited him and all who may subsequently inherit from him to dispose the property for a period of 20 years. T then died. 1. Is A bound not to donate for 20 years? 2. Suppose A dies three yrs after T and B, the son, then inherit the property from A. Is B still bound to respect the temporary prohibition? 3. Suppose B dies after 10 yrs and the property is in turn inherited by C who is the son of B, is C still bound not to donate for the remaining 7 years?

P256 (Art 867) 1. A is bound Not to alienate for 20 years, 2. Yes, for the next 17 years; 3. No more, because although a total of 13 years only has lapsed, still to impose the prohibition for the remaining 7 years on C would be beyond the limits of Art 863, since C is not a 1st degree relative of A who originally inherited the property.

P258 (Art869) Q: A, in his will, give B the naked ownership of his house and C the usufruct over the same. 1. May the usufruct be given to C and , a stranger simultaneously?

P258 (Art869) Yes, and in such a case, C and D would be co-owners of the usufruct and of the usufructuary rights. The law distinctly provides that "usufruct may be constituted on the whole or part of the fruits of the thing, in favor of one or more persons, simultaneously or successively, and in every case, from or to a certain day, purely or conditionally" (Art 564,NCC)

P265 (Art 872) Q: Can the testator impose conditions on legitime, Exception?

P265 (Art 872) The testator cannot impose any charge, condition, or substitution whatsoever upon the legitime prescribed in the NCC. The testator can validly impose a prohibition against the partition of the legitime, for a period not exceeding 20 yrs. (only that can burden the legitime)

P269 (Art 874) Q1. Rule on Absolute prohibition to contract First Marriage? Q2. Rule on Absolute prohibition to contract a Remarriage?

P269 (Art 874) A1. Absolutely Void, and may be disregarded or considered not imposed. (Such condition is contrary to good morality and public policy) A2. Void because it is contrary to morality and public policy. Exceptions: Valid a. When imposed on widow or widower by the deceased spouse; b. When imposed on the widow or widower by the ascendants or descendants of the deceased spouse

P270 (Art 874) A was married to B. Later, B died. C, the grandmother of B, gave A a legacy on condition that he (A) would never get married again. C, then died. Shortly, afterwards A got married again. Does A lose the legacy?

P270 (Art 874) Yes, although the prohibition was absolute, it is nevertheless valid because it was imposed by an ascendant of the deceased spouse.

P273 (Art 876) Q: When Protested Condition be Fulfilled?

P273 (Art 876) A Protestative Condition is one the fulfillment of which depends purely on the heir. He must perform it personally. Nobody else must do it for him.

P306 (Art 887) Q: Table of Legitimes

P306 (Art 887) Illegitimate Children - 1/3 Surviving Spouse - 1/3 Illegitimate Children - 1/4 Surviving Spouse - 1/8 Legitimate Parents - 1/2 Illegitimate Children - 1/4 Legitimate Parents - 1/2 Legit Parents -1/2 Surviving Spouse -1/4 Illegitimate Parents - 1/4 Surviving Spouse - 1/4 Illegitimate child alone - 1/2 Legitimate Parents alone - 1/2 Illegitimate Parents alone - 1/2 Surviving Spouse alone - 1/2, 1/3, 1/2 Legitimate Child Alone - 1/2 1 Legitimate Child - 1/2 Surviving Spouse - 1/4 2 or more Legitimate Children - 1/2 Surviving Spouse - same as 1 Legitimate Child Legitimate Child - 1/2 of estate Illegitimate Child - 1/2 of each Legitimate Child - (under the FC)

P32 (Art 779) Q: Rules for Testamentary Succession?

P32 (Art 779) 1. May be done through a Will or through Codicil; 2. Will or Codicil may be: (a) Notarial (ordinary, attested, or acknowledged) (b) Holographic ( handwritten by the testator from beginning to end, complete with date and signature) 3. In case of doubt, testamentary succession is preferred to legal or intestate succession

P32 (Art 779) Q: How is Testamentary Succession done?

P32 (Art 779) Testamentary Succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law

P33 (Art 781) Q: What Inheritance Includes?

P33 (Art 781) 1. The property, transmissible rights, and obligations ( to the extent of the value of inheritance); 2. Those which have accrued thereto since the opening of succession (alluvium)

P33 (Art 782) Q: Who is an HEIR? Devisee or Legatee?

P33 (Art 782) 1. Heir is a person called to the succession either by the provision of a will or by operation of law; 2. Devisee and legatee are persons to whom gifts of real and personal property are respectively given by virtue of a will

P339 (Art 891) Q: Suppose the reservable property is expropriated by the government, is the reserva extinguished?

P339 (Art 891) The Reserva continues on the Indemnity. This is required by justice and equity.

P339 (Art 891) Q: A 3rd degree reservatario was still alive at the time the reservista died. Said Reservatario, even if he dies, before claiming the property. Can he transmit his rights to his own heirs?

P339 (Art 891) Yes, he can transmit rights to his own heirs for after all, he Survived the reservor. Note: While it is true that the reservatario inherits from the Propositus, it is essential that he, the reservatario, should survive the reservor. This is the condition that must be fulfilled.

P339 (Art 891) Q: Suppose the Reservable property is insured and then destroyed, is there still a Reserva?

P339 (Art 891) Yes, on Insurance Indemnity

P340 (Art 891) Q: Purpose of Reserva Troncal?

P340 (Art 891) To keep the property in the family to which the property belongs.

P35 (Art 782) Q: When can Compulsory Heir have Dual Status?

P35 (Art 782) If in a will, a compulsory heir is given more than his legitime, he assumes a Dual Status. 1. Insofar as his legitime is concerned, he is a compulsory heir; 2. Insofar as the excess is concerned, he is a voluntary heir ( this distinction is important because if compulsory heir predeceased the testator, his legitime is inherited by his own child. While the child of voluntary heir who predeceased testator get nothing)

P359 (Art 908) Q: Formula for the Computation of the Net Hereditary Estate?

P359 (Art 908) Property Left - Debts and Charges + Value of Collationable Donations = Net Hereditary Estate

P366 (Art 909) Q: Should Donations inter vivos to strangers be collated?

P366 (Art 909) 1. Sanchez Roman, Scaevola and Manresa: Should not be Collated. Because Art 1061 speaks only of compulsory heir being forced to collate; 2. Falcon, Morrel, SC of Spain, Capistrano: Should be Collated. Because said donations should be considered as advances on the free disposal, just as donations inter vivos to children are considered advances on their inheritance or legitimes. 3. Phil SC, citing Manresa, Donations are collationable only when the heirs of the deceased are forced heirs and when it is proven that they prejudiced the legitime (udarbe v Jurado) Author: falcon is correct, just if donations given to strangers are also collationable, that is, considered as advances of the free portion.

P369 (Art 910) Q: Rule on Donations to Illegitimate Children

P369 (Art 910) 1. Donations to said illegitimate children are collationable; 2. Donations given to illegitimate children should never impair the legitime of the legitimate children; 3. Donation in excess of the legitime shall be charged to the free disposal and shall be considered in the same category as donations to strangers.

P370 (Art 911, 950) Q: Order of Preference in Hereditary Estate? Q: Order of Payment in Legacies and Devises?

P370 (Art 911, 950) 1. Legitime; 2. Donation Inter Vivos; 3. Preferred Legacies and Devices; 4. All Other Devises and Legacies pro rata ( in case estate is not sufficient) Note: reduction should be Inverse P370 (Art 911) 1. Remuneratory; 2. Preferred by testator; 3. Support; 4. Education; 5. Specific, Determinate thing 6. All Others pro rata

P4 (Art 776) Q: What does an Inheritance include? Inheritance vs succession?

P4 (Art 776) Inheritance includes all property, rights and obligations of a person which are not extinguished by his death Inheritance is the property or right acquired WHILE Succession is the manner by virtue of which the property or right is acquired.

P43 ( Art 783) Q: WILL defined

P43 ( Art 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.

P43 ( Art 783) Q: Essential Elements and Characteristics of Will?

P43 ( Art 783) S-USA-CP-MRV-ID 1. The making of a Will is Statutory ( not natural right) 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 to make a Will; 6. The will is strictly a Personal Act 7. It is Effective Mortis Causa; 8. It is Essentially Revocable or Ambulatory; 9. It is Free from Vitiated consent; 10. It is an Individual Act; 11. It Disposes of Testator's estate, whether totally or partially, in accordance with his wishes ( to a certain degree because of legitime)

P49 (Art 789) Q: Kinds of Ambiguity in a Will?

P49 (Art 789) 1. Latent or Intrinsic Ambiguity - that which does not appear on the face of the will, and is discovered only by extrinsic evidence; 2. Patent or Extrinsic Ambiguity - that which appears on the face of the will itself; in other words by examining the provision itself, it is evident that it is not clear.

P50 (Art 789) Q: How ambiguity may be cured?

P50 (Art 789) A. Intrinsic - By Examining 1. The Will Itself; 2. Extrinsic evidence such as written declarations of the testator B. Extrinsic - same as intrinsic (oral declarations Not allowed)

P78 (Art 800) Q: Two Instances when the Testator is Presumed Insane.

P78 (Art 800) if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. 2. If the testator made the will after he had been judicially declared insane, and before such judicial order had been set aside.

P86 (Art 805) Q: Requirements for a Notarial or Ordinary Will?

P86 (Art 805) ms- WD-SsAsSp-N- Ac- nss 1. At least 18 and sound mind; 2. Will must be in Writing 3. Must be executed in a language or Dialect known to testator 4. Will must be Subscribed and Signed at the end thereof by the testator himself or by the testator name written by another person in his presence, and by his express direction; 5. Will must be Attested and Subscribed by 3 or more credible witnesses in the presence of the testator and of one another. 6. The testator or the person requested by him to write his name, and the instrumental witnesses of the will shall Sign each and every page thereof except the last, on the left margin 7. All the pages shall be numbered correlatively in letters placed on the upper part of each page. 8. The Attestation clause shall provide: a. Number of pages used upon which the will is written; b. Testator signed or caused others to sign expressly c. Witnesses witnessed and signed the Will and all pages thereof in the presence of testator and of one another

P78 (Art800) Q: When is a testator of sound mind and who has the burden of proof?

The law presumes that every person is of sound mind, in the absence of proof to the contrary. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will;