Testamentary Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 1. Testamentary Succession

I. Introduction to Testamentary Succession

Testamentary succession in Philippine law is governed primarily by the Civil Code of the Philippines. It pertains to the type of succession that arises from a will, also known as a testament. This will is a legal document where an individual, known as the testator, voluntarily disposes of their estate, specifying how their property should be distributed upon death.

II. Essentials of a Valid Will

A will must meet specific formal and substantive requirements to be valid:

  1. Capacity of the Testator:

    • The testator must be at least 18 years of age (Art. 796, Civil Code).
    • The testator must be of sound mind at the time of execution, meaning they understand the nature and consequences of their actions.

  2. Freedom of Disposition:

    • The testator generally has the freedom to dispose of their property. However, this is limited by compulsory heirship rules in Philippine law, which protect certain family members (e.g., children, spouse, legitimate parents) from being entirely disinherited.

  3. Testamentary Intent:

    • The will must express the genuine intent of the testator regarding the disposition of their estate.

  4. Formal Requirements:

    • Depending on the type of will, specific formalities are required to ensure the validity of the document (Arts. 804-810, Civil Code).

III. Types of Wills in Testamentary Succession

The Philippine Civil Code recognizes two main types of wills:

  1. Notarial Will (Ordinary Will):

    • A notarial will is a formal will that complies with strict formalities under the law.
    • Requirements include:
      • Written in a language known to the testator.
      • Signed by the testator on each and every page.
      • Attestation clause, signed by at least three witnesses who also know the language of the will.
      • Acknowledged before a notary public.

  2. Holographic Will:

    • A holographic will is entirely handwritten by the testator.
    • It does not require witnesses or notarization.
    • It must be dated and signed by the testator to be valid.

IV. The Concept of Compulsory Heirs

In Philippine law, certain heirs have a legitime or legally mandated share in the estate, which the testator cannot freely dispose of. These heirs include:

  1. Primary Compulsory Heirs:

    • Legitimate children and descendants.
    • Legitimate parents and ascendants.
    • The surviving spouse.

  2. Secondary Compulsory Heirs (when there are no primary heirs):

    • Illegitimate children.
    • The surviving spouse, in cases where only secondary heirs exist.

V. Dispositions in a Will

  1. Institution of Heirs (Art. 840, Civil Code):

    • The testator may designate one or more persons to inherit either the entire estate or specific portions thereof.
    • This may be universal (involving the entire estate) or particular (specific property or a fixed amount).

  2. Legacies and Devises:

    • Legacies refer to bequests of personal property.
    • Devises refer to bequests of real property.
    • These can be either universal or particular, and the testator must specify the person and property involved.

VI. Revocation of a Will

The testator retains the right to revoke their will at any time, wholly or partially. Methods of revocation include:

  1. Express Revocation:

    • Through a subsequent will or document expressly revoking the earlier will.

  2. Implied Revocation:

    • By the execution of a new will containing dispositions inconsistent with the former one.
    • By the destruction, cancellation, or obliteration of the will with the intent to revoke it.

  3. Legal Grounds for Revocation:

    • Change in status or condition of the testator, such as marriage or birth of a child, may result in implied revocation (Art. 834, Civil Code).

VII. Probate of Wills

Probate is the legal process of proving the validity of a will in court:

  1. Procedure:

    • The will must be presented to the court for probate within 20 days after the death of the testator (Rules of Court, Rule 75).
    • Only a competent court can declare the validity of a will.

  2. Nature of Probate Proceedings:

    • Probate proceedings are in rem, meaning they bind the whole world.
    • All interested parties, including heirs and creditors, must be notified and given the opportunity to contest the will’s validity.

  3. Grounds for Denial of Probate:

    • Lack of testamentary capacity.
    • Violation of formal requirements.
    • Fraud, undue influence, or mistake affecting the will’s execution.

VIII. Special Situations in Testamentary Succession

  1. Conditional Dispositions:

    • The testator may impose conditions for heirs to fulfill before they can inherit. However, certain conditions are void (e.g., conditions preventing marriage, which are against public policy).

  2. Substitution of Heirs:

    • Simple substitution allows an heir to take the place of another if the latter cannot inherit.
    • Fideicommissary substitution is a type of substitution in which the first heir (fiduciary) is bound to preserve and transmit the inheritance to a second heir (fideicommissary) upon a specified event.

  3. Disinheritance:

    • A testator may disinherit compulsory heirs but must adhere to strict formalities and grounds specified in the Civil Code (Arts. 915-921).
    • Valid grounds include crimes committed against the testator, abuse, and failure to support the testator.

IX. Interpretation and Construction of Wills

The law mandates that the court interprets wills based on the true intent of the testator, as expressed in the document. When ambiguities arise, the court relies on established rules of construction:

  1. General Rules:

    • Words are interpreted in their ordinary sense.
    • A favorable interpretation is given to dispositions in favor of compulsory heirs, preserving the will’s provisions wherever possible.

  2. Extrinsic Evidence:

    • Extrinsic evidence may be used to clarify the testator’s intent if the terms of the will are ambiguous.

X. Conclusion

Testamentary succession in the Philippines is a structured legal process that balances the testator’s freedom to dispose of their property with the protection afforded to compulsory heirs. It requires strict adherence to formalities in the drafting and probate of wills and considers both legal and equitable principles to honor the testator's final wishes.

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