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

Definition of Testamentary Succession

Testamentary succession, under Philippine law, is the process by which a deceased person’s estate is distributed according to their last will and testament, which must be executed in conformity with the requirements set out in the Civil Code of the Philippines. It is the primary method by which individuals ensure their assets are passed on to specific beneficiaries, thus allowing them control over their estate beyond death.

The purpose of testamentary succession is to provide the testator—the person creating the will—with the freedom to designate heirs, allocate portions of their estate, and impose conditions and obligations that must be fulfilled by beneficiaries. Testamentary succession is designed to respect the testator's autonomy, so long as it adheres to legal standards and does not violate any public policies or mandatory provisions under Philippine succession law, particularly on matters involving compulsory heirs.

Requisites for Testamentary Succession

Testamentary Capacity: The testator must possess the legal capacity to make a will, which generally requires:
- Age Requirement: The testator must be at least 18 years old.
- Mental Capacity: The testator must be of sound mind, capable of understanding the nature of their act, the property they intend to dispose of, and the relationships with their intended heirs.
Voluntariness: The will must be created voluntarily. Any will executed under duress, fraud, undue influence, or mistake may be rendered void by a court.
Formal Requirements: The Civil Code prescribes specific formalities, differing for notarial and holographic wills.
- Notarial Will: Requires witnesses, a notary public, and adherence to other procedural formalities.
- Holographic Will: Must be handwritten, dated, and signed by the testator without the need for witnesses.

Freedom of Disposition and Limitations

While testamentary freedom allows the testator considerable control, this freedom is not absolute and is curtailed by certain legal mandates:

Respect for Legitime: Philippine law mandates that a portion of the testator’s estate, known as the legitime, must be reserved for compulsory heirs. These heirs typically include:
- Legitimate children and descendants
- Parents and ascendants if the testator has no descendants
- The surviving spouse
The legitime is a fixed, statutory share of the estate and cannot be taken away through testamentary disposition.
Prohibition Against Disinheritance Without Just Cause: If a compulsory heir is to be excluded, the testator must state a legally valid reason for disinheritance within the will, as enumerated under Article 919 of the Civil Code. Otherwise, any attempt at disinheritance may be declared void.

Revocability of a Will

A will is inherently revocable during the testator’s lifetime. This principle of revocability ensures that the testator may alter, revoke, or replace a will to reflect their most current wishes. Revocation can occur in several ways:

Express Revocation: Through the creation of a subsequent will explicitly revoking the previous one.
Implied Revocation: When a later will is inconsistent with a previous will, only those provisions that are consistent may remain valid.
Revocation by Physical Act: In the case of a holographic will, physical destruction, such as tearing or burning, can be a form of revocation if done with the intent to revoke.

Probate Requirement

A will must be probated—a judicial proceeding wherein the court ascertains the will's authenticity and validity—before its provisions can be enforced. The probate process serves several purposes:

Ensuring Validity: It verifies that the will was executed according to legal requirements.
Protecting Heirs and Creditors: It provides a forum for compulsory heirs and creditors to contest the will if they believe it was procured fraudulently or fails to comply with legal mandates.
Facilitating Distribution: Once probated, the will directs the administration of the estate in accordance with the testator’s intentions.

Essential Legal Concepts in Testamentary Succession

Institution of Heirs: This involves the designation of individuals as heirs, either for the whole estate or specific portions. The testator has the discretion to name both family members and non-family members as heirs.
Conditional Institution: The testator may impose certain conditions on heirs; however, conditions must be legally acceptable. Conditions that are impossible, illegal, or immoral will render the condition void, although they may not necessarily void the entire disposition.
Fideicommissary Substitution: This allows the testator to assign property to an heir, with a directive for that heir to pass it on to a subsequent beneficiary upon fulfillment of certain conditions. Fideicommissary substitutions must comply with strict rules under Article 863 of the Civil Code, which limits this form of succession to one degree of substitution.
Legacies and Devises: The testator can leave specific bequests (legacies for personal property and devises for real property) to particular individuals. However, if such dispositions compromise the legitime of compulsory heirs, they may be reduced or nullified to protect the heirs' statutory share.

Distinction from Other Types of Succession

Intestate Succession: Occurs when the deceased leaves no will, or the will is deemed invalid or incomplete. The estate is then distributed according to the rules of intestate succession under Philippine law, which establishes an order of priority among surviving family members.
Legal Succession: Also known as intestate succession, it functions in parallel with testamentary succession by stepping in when a testator fails to dispose of their entire estate. The undivided or undisposed parts of the estate revert to intestate succession rules.

Conclusion

Testamentary succession in Philippine law upholds the fundamental principle of respecting an individual's right to distribute their property after death, within the boundaries set by law. The structure of testamentary succession enables both flexibility and predictability, allowing the testator to plan their estate while safeguarding the rights of compulsory heirs. Proper adherence to statutory requirements is crucial to the validity and enforceability of a will, underscoring the importance of meticulous drafting and compliance with legal formalities in the testamentary process.