Powerpoint Succession

7/31/2019 Powerpoint Succession

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Art 804-814


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1. to close the door against

bad faith and fraud,

2. to avoid substitution ofwills and testament,

3. to guarantee the truth and

authenticity


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Every will must be in writing

Executed in a language or

dialect known to the

testator


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SUBSCRIPTIONthe manual act by the testator and his instrumental witnesses of affixing

their signature to the instrument

(1) It must be subscribed at the end thereof by the testator himself or the

testators name written by some other person in his presence and by his

express direction

PURPOSE:

* to identify the testator

* authenticate the document


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(2) it must be attested and subscribed by three or morecredible witnesses

PURPOSE: ( IPA )* identification of the instrument

* protection of the testator from deception and fraud

* ascertainment of the testamentary capacity of thetestator


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Act of the senses Act of the hand

Mental act Mechanical act

Purpose is to renderavailable proof during

probate of will not only

of the authenticity of the

will but also of its due

execution

Purpose is identification

QUALIFICATION

OF WITNESSES*sound mind

*at least 18 years of age

*must not be blind, deaf or

dumb*able to read and write

*domiciled in the Philippines

*must not have been

convicted of falsification ofa document, perjury, or false

testimony


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GEN. RULE (3) it must be signed by the

testator or the person

requested by him to write

his name and the

instrumental witnesses of

the will each and every page

thereof, except the last on

the left margin

EXCEPTIONS:*in the last page, when the will

consists of 2 or more pages

*when the will consists of only 1

page

*when the will consists of 2 pagesthe first of which contains all the

testamentary dispositions and is

signed at the bottom by the

testator and the witnesses and the

attestation clause duly signed atthe bottom by the witnesses


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(4) all the pages must be numbered

correlatively in letters placed on the upper part

of each page

PURPOSE:

to forestall any attempt to suppress orsubstitute any of the pages of the will


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(5) It must contain anattestation clause stating

the matters mentioned in

Art 805

PURPOSE:

In case of failure of memoryof the witnesses or in casesuch witness are no longer

available such parts maystill be proved

CONTENTS:

*the number of pages used*the fact that the testator

signed the will and everypage thereof or caused someother person to write his

name under his expressdirection, in the presence ofthe testator and of oneanother

*that the witnesses witnessedand signed the will and every

page thereof in the presenceof the testator and of oneanother


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(6) IT MUST BE

ACKNOWLEDGED BEFORE A

NOTARY PUBLIC BY THE

TESTATOR AND THEWITNESSES


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*personal reading of the

will if able to do so*if not possible,

designation of 2 personsto read the will and

communicate to him insome practicablemanner the contentsthereof

*Double reading requirement

1st by one of the subscribingwitnesses

2nd by the notary publicbefore whom the will is

acknowledged


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REQUISITES

1. There are defects and imperfections in the form of theattestation clause or the language used therein.

2. There is absence of bad faith, forgery or fraud, or undue and

improper influence and pressure.

3. The will was attested in substantial compliance with all therequirements.

4. The fact of such execution and attestation is proved.


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REQUISITES:1.Written in a language or dialect known to the

testator.(804)

2.Must be entirely written by the testator.

3.Must be dated by him.

4.Must be signed by him.

5.Must be made by him animus standi.


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at least 1 witness who

knows the handwritingand signature of thetestator explicitlydeclares that the will

and the signature are inthe handwriting of thetestator

Requires 3 of such

witnesses, if none,resort to experts

testimonies


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1. Several dispositions were signed but not dated and

the last disposition has a signature and date. [ VALID]

2. Not signed but dated. [ VOID ]

the presence of the date renders the will void on separate dates and not its entirety.

Only the last disposition is valid

.

3. Signed but not dated. [ VOID ]

but does not affect the validity of the other disposition or the will itself


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GENERAL RULE:

The will itself remains valid, the insertion

are considered not made.

EXCEPTION:

When the changes affect the essesnce of

the will of the testator expressed in thedocument, then the whole will is invalid.

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