CIVIL LAW: WILLS AND SUCCESSION

B. DIFFERENT KINDS OF SUCCESSION

1. TESTAMENTARY SUCCESSION

h. ALLOWANCE AND DISALLOWANCE OF WILLS

I. Introduction

The allowance and disallowance of wills are critical aspects of testamentary succession, which governs the disposition of a decedent's estate according to their expressed wishes in a will. In the Philippines, the legal framework for the allowance and disallowance of wills is primarily found in the Civil Code of the Philippines (Articles 838 to 840), as well as jurisprudence that interprets and applies these provisions.

II. ALLOWANCE OF WILLS

The allowance of a will refers to the legal process by which the court confirms its validity. This occurs during probate, which is a judicial proceeding to ascertain that a will meets all legal requirements.

A. General Principles

Probate as a Mandatory Process
- Under Article 838 of the Civil Code, no will shall pass either real or personal property unless it is proved and allowed in a proper court.
- Probate is a condition precedent to the implementation of the testamentary dispositions in the will.
Nature of Probate Proceedings
- The proceeding is in rem, meaning it binds all persons whether they participated in the proceeding or not.
- It primarily examines the formal validity of the will rather than its substantive content, unless its intrinsic validity is specifically challenged.
Jurisdiction of the Court
- Regional Trial Courts (RTCs) have jurisdiction over probate proceedings.
- The will may be probated in the place of domicile of the testator or where their estate is located.

B. Requisites for Allowance of a Will

Testamentary Capacity
- The testator must be of sound mind and at least 18 years old at the time of the will's execution (Article 799, Civil Code).
Voluntariness
- The will must be executed freely, without fraud, intimidation, or undue influence (Article 839, Civil Code).
Compliance with Formalities
- The will must comply with the form prescribed by law, which differs depending on whether the will is:
  - Notarial (Ordinary) Will: Requires the signature of the testator, attestation by at least three witnesses, and a notarial acknowledgment.
  - Holographic Will: Must be entirely written, dated, and signed by the hand of the testator.
Submission of Evidence
- The proponent of the will must present evidence that proves compliance with legal requisites, such as:
  - Testimony of attesting witnesses (for notarial wills).
  - Evidence of the testator's handwriting and signature (for holographic wills).
Notice to Heirs and Interested Parties
- All heirs, legatees, and devisees must be notified of the probate proceedings.

III. DISALLOWANCE OF WILLS

A will may be disallowed if it fails to meet the legal requirements for validity or is tainted with vitiating circumstances.

A. Grounds for Disallowance

Article 839 of the Civil Code enumerates the exclusive grounds for disallowing a will:

Non-compliance with Formalities
- The will does not comply with the formal requirements prescribed by law.
Lack of Testamentary Capacity
- The testator was:
  - Under 18 years old.
  - Not of sound mind at the time of the will's execution.
Defects in Voluntariness
- The will was executed through:
  - Fraud,
  - Intimidation,
  - Undue influence.
Unlawful Testamentary Provisions
- The will contains provisions that are contrary to law, morals, good customs, public order, or public policy.
Revocation
- The will was revoked by a subsequent will or act of the testator.
- Revocation may occur through:
  - Express revocation in another valid will.
  - Physical destruction with the intent to revoke.
Preterition of Compulsory Heirs
- When a compulsory heir in the direct line is preterited (completely omitted), the entire institution of heirs is void.

B. Parties Who May Oppose

Compulsory heirs,
Legatees or devisees,
Creditors,
Any interested person who stands to benefit from the invalidity of the will.

C. Burden of Proof

The burden to prove the grounds for disallowance lies with the party contesting the will.
For example:
- In cases of fraud or undue influence, specific and convincing evidence must be presented.
- To prove lack of testamentary capacity, the contestant may offer medical records, testimony from witnesses, or other relevant evidence.

IV. PROCEDURAL ASPECTS

A. Filing for Probate

A petition for the probate of a will must be filed in the appropriate court, accompanied by the will itself and proof of its due execution.

B. Opposition to Probate

Interested parties may file an opposition to the probate, citing any of the grounds under Article 839.

C. Evidentiary Standards

The court requires clear and convincing evidence to allow or disallow a will.

D. Appeal

The decision on the allowance or disallowance of a will is subject to appeal under Rule 109 of the Rules of Court.

V. SPECIAL RULES FOR HOLOGRAPHIC WILLS

Proof of Handwriting
- Witnesses familiar with the handwriting of the testator must authenticate the will.
Revocation by Cancellation
- A holographic will may be revoked by:
  - Physically cancelling portions or the entirety of the will.
  - Executing a subsequent holographic will.

VI. JURISPRUDENCE

Landmark Cases

Alejandro v. People (GR No. 111626)
- Clarified the importance of strict compliance with formal requirements.
Gan v. Yap (GR No. 159142)
- Reiterated that probate proceedings are limited to questions of formal validity unless intrinsic validity is specifically raised.

Doctrine on the Burden of Proof

In Manahan v. Manahan, the Supreme Court held that the proponent of a will has the initial burden to prove compliance with formalities, while the contestant bears the burden for grounds like undue influence or fraud.

VII. CONCLUSION

The allowance and disallowance of wills in testamentary succession underscore the legal safeguards to ensure the testator’s true intentions are carried out while protecting the rights of heirs and other interested parties. The careful application of procedural and substantive law ensures the integrity of the testamentary process in the Philippines.