Succession Quizzler RAMIRO

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<p>Succession Quizzler (By Butch) Succession Quizzler Note: This is merely to review the basic principles before the test. Please use this to supplement the book and your other notes. Its just to jog your memory</p> <p>iii. Intestate Succession: That which takes place by operation of law in the absence of a will iv. Compulsory Succession: When compulsory heirs succeed to the legitime 8. Define an heir, legatee and devisee (disregard Art 782) Heir: One who succeeds to the whole or an aliquot part of the inheritance Devisee (Personal) and Legatee (Real): Those who succeed to definite, specific and individual property Notes:</p> <p>1. What is succession? 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. (Art. 774) 2. Can a lessor who subsequently dies, transmit his obligations as lessor to his heirs? Yes. This obligation is transmissible because it is not a strictly personal obligation. 3. What happens to the money debts of a testator? Money debts are not transmitted to the heirs nor paid by them. The estate pays them and the heirs get only what is left. 4. What is the recourse of creditors? Creditors must pursue their money claims in the settlement proceedings. They cannot go after the heirs once the estate has been settled (Py eng Chong v. Herrera) 5. What is the definition of inheritance? The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. 6. When are the rights to succession vested? The rights to succession are vested upon the decedents death (Art 777) It follows therefore that at the time of death, the heir already owns an aliquot share of the estate that he can dispose of already. 7. What are the three kinds of succession? i. Testamentary: Results from: 1) Designation of an heir 2) Designation made in a will (holographic/attested) 3) In the form prescribed by law ii. Mixed Succession: Effected partly by will and partly by operation of law (e.g. testator owns house, lot and car and testator only wills his house, the heirs will inherit the lot and car by operation of law)</p> <p>1</p> <p>Succession Quizzler (By Butch)</p> <p>9. What is a will? 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. (Art 783) 10. What are the non-delegable acts concerning the making of a will? i. Designation of heirs, devisees or legatees (Who will inherit?) ii. Conditions, Terms, Substitutions of designation iii. Determination of portions to be received iv. Power to decide whether or not a disposition should take place 11. What can be delegated to a third person? i. The designation of persons, institutions or establishments within the class or cause ii. Manner of distribution PROVIDED: i. The property or amount of money has been determined by testator ii. The class or cause to be benefitted has also been determined 12. What is the characteristic of a legacy/devise as set forth in Art 794? The article provides that every devise/legacy shall convey the interest which the testator could devise or bequeath in the property disposed of unless it clearly appears from the will that he intended to convey a less interest. Basically, the testator gives exactly the interest he has in the thing. 13. What are the rules as regards the formal validity of a will? Art 795 provides that the validity of the will as to its form depends upon the observance of the law at the time it is made. There are two aspects as to the validity of wills: Extrinsic (requirement of form as will be discussed further) and Instrinsic (requirement as to the substantial validity0 Example: Extrinsic: Was the will made in accordance with Art 805? Intrinsic: Did the disposition impair the compulsory heirs legitime?</p> <p>For extrinsic validity: Filipinos Law in force at the time will was executed Art 815-817 provide: Foreigners Same, assuming probated here</p> <p>As to time As to place</p> <p>it</p> <p>was</p> <p>Filipinos Will Abroad: Authorized to make a will in any of the forms established by the law in the country where he is. It may be probated in the Philippines Aliens Will Abroad: Authorized to make a will abroad and will produce effect in the Philippines IF: i.) Formalities prescribed by law of the place of his residence is complied with ii.) Formalities prescribed by law of his country is complied with (e.g. Ukrainian making a will in US) iii.) Formalities prescribed by Philippine law (805) is complied with Aliens will in the Philippines: Alien may make a will in the Philippines and it will produce effect here IF: i.) Will is executed according to the laws of his country ii.) Will might be probated and allowed in his country For Intrinsic Validity Filipinos Law in force at the time of death Philippine law Foreigners Depends on their personal law Their national law</p> <p>As to time As to place Notes:</p> <p>Characteristics of wills: 1. Purely personal 2. Free and intelligent 3. Solemn and formal 4. Revocable 5. Mortis Causa 6. Individual 7. Executed with Animus testandi 8. Executed with testamentary capacity 9. Unilateral 10. Dispositive of property 11. Statutory</p> <p>2</p> <p>Succession Quizzler (By Butch)</p> <p>14. What are the requirements for a person to be able to make a will? i. Must not expressly be prohibited by law ii. Must be 18 and above iii. Must be of sound mind at the time of execution (must possess testamentary capacity) 15. What are the requirements for one to be of sound mind? 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 decease, injury or other cause. It shall be sufficient if the testator was able at the time of making the will: i. To know the nature of the estate to be disposed of: Testator should have a fairly accurate idea of what he owns ii. The proper objects of his bounty: Testator should know his relatives in the closest degrees iii. The character of the testamentary act: Testator needs to know that the document he is signing disposes of his property after his death 16. What is the consequence of having an unsound mind? The will cannot be probated. 17. Who has the burden of proof of showing that the testator is not of sound mind? First, it must be remembered that a testator is presumed to have a sound mind, in the absence of contrary proof (Art 800 par. 1) Rebuttable presumption of sanity: The burden of proof that the testator was not of sound mind at the time of making his disposition is on the person who opposes the probate of the will. Rebuttable presumption of insanity: However, this burden of proof will shift in the following cases: i. if the testator was publicly known to be insane one month or less before he made his will. ii. if the testator executed a will after being placed under guardianship or ordered committed for insanity and before said order has been lifted.</p> <p>In both cases, the burden of proof will shift to the person maintaining its validity. He has to prove that the testator made the will during a lucid interval. 18. What is the effect of supervening incapacity or capacity? Supervening capacity (e.g. Incapable when he made a will then he became capable afterwards) and Supervening incapacity (e.g. capable when he made the will but he became incapable afterwards) will not invalidate/validate an effective will. 19. What are the two common and mandatory requirements of wills (holographic and attested)? It must be in writing and executed in a language or dialect known to the testator. Notes:</p> <p>3</p> <p>Succession Quizzler (By Butch)</p> <p>20. What are the formal requirements of a will? (memorize) Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testators name written by some other person in his presence and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except on the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witness and signed the will and all the pages thereof in the presence of the testator and of one another. If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. (Art 805) Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will or file another with the office of the clerk of court. (Art 806) In short, here are the formal requirements of attested wills: i. ii. iii. iv. v. vi. Subscribed at the end by the testator OR by his agent in the testators presence and by his express direction in the presence of witnesses Attested and subscribed by at least three credible witnesses in the presence of the testator and of one another The testator OR his agent in the testators presence, must sign each and every page on the left margin (except the last) in the presence of the witnesses The witnesses must sign each and every page on the left margin (except the last) in the presence of the testator and of one another All pages must be numbered correlatively in letters on the upper part of each page Will must be acknowledged</p> <p>DIFFERENTIATE subscription, attestation and the attestation clause (Caneda v. CA and Taboada v. Rosal) It will be noted that Art 805 requires that the witnesses should both attest and subscribe to the will in the presence of the testator and of one another. Subscription Act of the hand Attestation Act of senses (Act attesting) Attestation Clause Refers to that part of the will whereby the attesting witnesses certify that there was compliance with the essential formalities required by law Mandatory part of the will Must state: 1. 2. # of pages Fact that testator/agent under his direction signed the will and its every page in presence of witnesses Witnesses witnessed and signed the will and its every page in the presence of the testator and of one another</p> <p>of</p> <p>Mechanical Subscription is the signing of the witnesses names upon the same paper for the purpose of identification of such paper as the will which was executed by the testator</p> <p>Mental Attestation consists in witnessing the testators execution of the will in order to see and take note mentally that those things are done which the law requires for the execution of a will and that the signature of the testator exists as a fact</p> <p>3.</p> <p>Requirements of attestation clause: State the number of pages of the will The fact that the testator or his agent under his express direction, signed the will and its every page in the presence of the witnesses iii. The fact that the witnesses witnessed and signed the will and its every page in the presence of the testator and of one another Note: AC does not have to state that an agent signed in the testators presence4</p> <p>i. ii.</p> <p>Succession Quizzler (By Butch)</p> <p>Notes:</p> <p>Notes:</p> <p>5</p> <p>Succession Quizzler (By Butch)</p> <p>21. What are the requirements for handicapped testators (holographic and attested)? Art 808 If deaf If deaf-mute 1. 2. If blind If he can read: Must read the will personally</p> <p>26. What are the requirements of a holographic will? (Art 810, memorize) 1. 2. 3. Completely/Entirely handwritten by the testator Dated by the testator Signed by the testator</p> <p>If he cannot read: must designate two persons to read the will and communicate it to him, in some practical manner Requirements: Will must be read to him twice: 1. One reading by one of the subscribing witnesses 2. One reading by the notary public acknowledging the will</p> <p>27. When is a complete date required? General Rule: The Date shall include the day, month and year of its execution. Liberal Interpretation: Only in cases of two competing holographic wills executed on the same day or of a testator becoming insane on the day on which the will was executed Ex: Feb/61 + no bad faith, fraud, undue influence + due authenticity is established = probate should still be allowed 28. What are the formal requirements for additional dispositions in a holographic will? 1. 2. Signature and date under additional dispositions OR Each additional disposition signed and undated but the lat disposition signed and dated</p> <p>22. What is the effect if Art 808 is not complied with? The will cannot be probated 23. Who has the burden of proof that 808 has been complied with? The proponent of the will. 24. Should compliance with 808 be stated in the will or the attestation clause? No. There is no such requirement. 25. What is the effect if there are defects or imperfections in the form or language in the will or attestation clause? The will would still be valid PROVIDED: 1. there is no bad faith, forgery or undue influence or pressure (Art 809) 2. if such defects and imperfections can be supplied by an examination of the will itself (JBL Reyes) Notes:</p> <p>SITUATION 1: Additional disposition below signature signed but not dated MAIN WILL: I leave my house to Hofi, my car to Cesar and my computer to Lily (July 17, 2011) Sgd. Claro ADDITIONAL: Oh, and I leave my beach house to Jeff (no date) Sgd. Claro Effect: Testamentary disposition of beach house is INVALID. Same goes if additional disposition is signed but not dated (Art 812) SITUATION 2: Additional dispositions signed but undated but last is signed and dated MAIN WILL: I leave my gold necklace to my wife. (July 17, 2011) ADDITIONAL (a): Oh, and I leave my beach house to Pearl. (no date) Sgd. Claro LAST DISPOSITION: I leave my car to Beth (July 22, 2011) Sgd. Claro</p> <p>Effect: Additional disposition is VALID since last disposition is signed and dated (Art 813 : additionaldispositions signed but w/o being dated, with last with both signature and date)</p> <p>6</p> <p>Succession Quizzler (By Butch)SITUATION 3: Additional dispositions dated but not signed but last is signed and dated MAIN WILL: I leave my stapler to Marien (July 24, 2011) Sgd. Booch ADDITIONAL: I leave my ballpens to Marien also (July 25, 2011) (no signature) LAST DISPOSITION: I leave my highlighters to Marien (July 27, 2011) Sgd. Booch Effect: Additional disposition will be invalid but last disposition is valid (Balane) SITUATION 4: Additional dispositions neither signed nor da...</p>