Wills and Succession

Notes on Wills and Succession

SUCCESSION – a mode of acquisition by virtue of which the property, rights, and obligations up 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. (Art. 774)

What is succession? It is a mode of acquisition

What may be acquired?

1. Property
2. Rights
3. Obligations up to the extent of the value of inheritance (meaning, obligation transmitted may not exceed the value of the inheritance received)

How are the properties, rights and obligations acquired? Through death, either by will (testamentary succession), or by operation of law (intestate or legal succession).

Kinds of Succession:

1. Testamentary Succession – when the decedent left a will
2. Intestate or Legal – when the decedent has left no will and succession takes place by operation of law
3. Mixed Succession – when succession is partly by will and partly by operation of law

4. Contractual Succession – a contract executed by future spouses to give to each other in their marriage settlement as much of their future property, in the event of death, as they may validly dispose of in a will

Decedent – the person whose estate is transmitted through his death

Testator – the decedent who left a will

Intestate – the decedent who left no will

Heir – a person called to the succession either by the provision of a will or by operation of law

Compulsory heir – those to whom legitimes are reserved

Voluntary heir – one who is called to succeed the excess of the legitime

Legatee – on who succeeds a particular personal property (legacy)

Devisee – on who succeeds a particular real property (devise)

WILL – an act whereby a person is permitted, with the legal formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. (Art. 783)

Essential elements and characteristics of a will:

1. The making of a will is statutory
2. It is a unilateral act
3. It is a solemn or formal act
4. There must be animus testandi (intent to make a will)
5. The testator must be capacitated to make a will
6. A strictly personal act
7. Effective mortis cause
8. Essentially revocable or ambulatory (capable of being revoked anytime)
9. Free from vitiated consent
10. Individual
11. It disposes of the testator’s estate

Kinds of Will
1. Notarial Will – one done with the intervention of a Notary Public
2. Holographic Will – a will handwritten by the testator, dated and signed by him