hand-229777_1280

Testamentary Succession

What is testamentary succession?

Testamentary succession is defined in this provision:

Art. 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law. (n)

What are the rules in testamentary succession?

Any person who is 18 years old and above of sound mind may make a valid last will and testament.

 

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 upon his death. It may either be a holographic will which is one entirely written, dated, and signed by the testator himself and is subject to no formalities or a notarial will which is a will other than a Holographic Will that conform to all the requirements of law.

  1. Holographic Will is one entirely written, dated, and signed by the testator himself and is subject to no formalities.
  2. Notarial Will is a will other than a Holographic Will that conform to all the requirements of law.

What is a codicil?

A codicil is a supplement or an addition to a will, made after the execution of a will and annexed to the will and to be taken as part thereof, by any disposition made in the original will is explained, added to, or altered.

References:

Johnny S. Rabadilla v. CA and Maria Marlena Coscoluella y BellezaVillacarlos, GR 113725, June 29, 2000

Paras, E. (1999). Civil Code III (Succession). Quezon City: Rex Printing Company, Inc.

The New Civil Code of the Philippines

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>