Title IV.

- SUCCESSION Devisees and legatees are persons to whom

CHAPTER 1 gifts of real and personal property are
GENERAL PROVISIONS respectively given by virtue of a will. (n)

Art. 774. Succession is a mode of acquisition

by virtue of which the property, rights and CHAPTER 2
obligations to the extent of the value of the TESTAMENTARY SUCCESSION
inheritance, of a person are transmitted
through his death to another or others either SECTION 1. - Wills
by his will or by operation of law. (n)
Art. 775. In this Title, "decedent" is the SUBSECTION 1. - Wills in General
general term applied to the person whose
property is transmitted through succession, Art. 783. A will is an act whereby a person is
whether or not he left a will. If he left a will, permitted, with the formalities prescribed by
he is also called the testator. (n) law, to control to a certain degree the
disposition of this estate, to take effect after
Art. 776. The inheritance includes all the his death. (667a)
property, rights and obligations of a person Art. 784. The making of a will is a strictly
which are not extinguished by his death. (659) personal act; it cannot be left in whole or in
part of the discretion of a third person, or
Art. 777. The rights to the succession are accomplished through the instrumentality of
transmitted from the moment of the death of an agent or attorney. (670a)
the decedent. (657a)
Art. 785. The duration or efficacy of the
Art. 778. Succession may be: designation of heirs, devisees or legatees, or
the determination of the portions which they
(1) Testamentary; are to take, when referred to by name, cannot
be left to the discretion of a third person.
(2) Legal or intestate; or (670a)

(3) Mixed. (n) Art. 786. The testator may entrust to a third
person the distribution of specific property or
Art. 779. Testamentary succession is that sums of money that he may leave in general
which results from the designation of an heir, to specified classes or causes, and also the
made in a will executed in the form prescribed designation of the persons, institutions or
by law. (n) establishments to which such property or
Art. 780. Mixed succession is that effected sums are to be given or applied. (671a)
partly by will and partly by operation of law.
(n) Art. 787. The testator may not make a
testamentary disposition in such manner that
Art. 781. The inheritance of a person includes another person has to determine whether or
not only the property and the transmissible not it is to be operative. (n)
rights and obligations existing at the time of
his death, but also those which have accrued Art. 788. If a testamentary disposition admits
thereto since the opening of the succession. of different interpretations, in case of doubt,
(n) that interpretation by which the disposition is
to be operative shall be preferred. (n)
Art. 782. An heir is a person called to the
succession either by the provision of a will or Art. 789. When there is an imperfect
by operation of law. description, or when no person or property
exactly answers the description, mistakes and
omissions must be corrected, if the error it clearly appears from the will that he
appears from the context of the will or from intended to convey a less interest. (n)
extrinsic evidence, excluding the oral
declarations of the testator as to his intention; Art. 795. The validity of a will as to its form
and when an uncertainty arises upon the face depends upon the observance of the law in
of the will, as to the application of any of its force at the time it is made. (n)
provisions, the testator's intention is to be
ascertained from the words of the will, taking
into consideration the circumstances under SUBSECTION 2. - Testamentary Capacity and
which it was made, excluding such oral Intent
declarations. (n)
Art. 796. All persons who are not expressly
Art. 790. The words of a will are to be taken in prohibited by law may make a will. (662)
their ordinary and grammatical sense, unless Art. 797. Persons of either sex under eighteen
a clear intention to use them in another sense years of age cannot make a will. (n)
can be gathered, and that other can be
ascertained. Art. 798. In order to make a will it is essential
that the testator be of sound mind at the time
Technical words in a will are to be taken in of its execution. (n)
their technical sense, unless the context
clearly indicates a contrary intention, or Art. 799. To be of sound mind, it is not
unless it satisfactorily appears that he was necessary that the testator be in full
unacquainted with such technical sense. possession of all his reasoning faculties, or
(675a) that his mind be wholly unbroken,
unimpaired, or unshattered by disease, injury
Art. 791. The words of a will are to receive an or other cause.
interpretation which will give to every
expression some effect, rather than one which It shall be sufficient if the testator was able at
will render any of the expressions inoperative; the time of making the will to know the
and of two modes of interpreting a will, that is nature of the estate to be disposed of, the
to be preferred which will prevent intestacy. proper objects of his bounty, and the
(n) character of the testamentary act. (n)

Art. 792. The invalidity of one of several Art. 800. The law presumes that every person
dispositions contained in a will does not result is of sound mind, in the absence of proof to
in the invalidity of the other dispositions, the contrary.
unless it is to be presumed that the testator
would not have made such other dispositions The burden of proof that the testator was not
if the first invalid disposition had not been of sound mind at the time of making his
made. (n) dispositions is on the person who opposes the
probate of the will; but if the testator, one
Art. 793. Property acquired after the making month, or less, before making his will was
of a will shall only pass thereby, as if the publicly known to be insane, the person who
testator had possessed it at the time of maintains the validity of the will must prove
making the will, should it expressly appear by that the testator made it during a lucid
the will that such was his intention. (n) interval. (n)

Art. 794. Every devise or legacy shall cover all Art. 801. Supervening incapacity does not
the interest which the testator could device or invalidate an effective will, nor is the will of an
bequeath in the property disposed of, unless incapable validated by the supervening of
capacity. (n)
 another with the Office of the Clerk of Court.
Art. 802. A married woman may make a will (n)
without the consent of her husband, and
without the authority of the court. (n) Art. 807. If the testator be deaf, or a deaf-
mute, he must personally read the will, if able
Art. 803. A married woman may dispose by to do so; otherwise, he shall designate two
will of all her separate property as well as her persons to read it and communicate to him, in
share of the conjugal partnership or absolute some practicable manner, the contents
community property. (n) thereof. (n)

Art. 808. If the testator is blind, the will shall

SUBSECTION 3. - Forms of Wills be read to him twice; once, by one of the
subscribing witnesses, and again, by the
Art. 804. Every will must be in writing and notary public before whom the will is
executed in a language or dialect known to acknowledged. (n)
the testator. (n)
Art. 805. Every will, other than a holographic Art. 809. In the absence of bad faith, forgery,
will, must be subscribed at the end thereof by or fraud, or undue and improper pressure and
the testator himself or by the testator's name influence, defects and imperfections in the
written by some other person in his presence, form of attestation or in the language used
and by his express direction, and attested and therein shall not render the will invalid if it is
subscribed by three or more credible proved that the will was in fact executed and
witnesses in the presence of the testator and attested in substantial compliance with all the
of one another. requirements of Article 805. (n)

The testator or the person requested by him Art. 810. A person may execute a holographic
to write his name and the instrumental will which must be entirely written, dated,
witnesses of the will, shall also sign, as and signed by the hand of the testator
aforesaid, each and every page thereof, himself. It is subject to no other form, and
except the last, on the left margin, and all the may be made in or out of the Philippines, and
pages shall be numbered correlatively in need not be witnessed. (678, 688a)
letters placed on the upper part of each page.
Art. 811. In the probate of a holographic will,
The attestation shall state the number of it shall be necessary that at least one witness
pages used upon which the will is written, and who knows the handwriting and signature of
the fact that the testator signed the will and the testator explicitly declare that the will and
every page thereof, or caused some other the signature are in the handwriting of the
person to write his name, under his express testator. If the will is contested, at least three
direction, in the presence of the instrumental of such witnesses shall be required.
witnesses, and that the latter witnessed and
signed the will and all the pages thereof in the In the absence of any competent witness
presence of the testator and of one another. referred to in the preceding paragraph, and if
the court deem it necessary, expert testimony
If the attestation clause is in a language not may be resorted to. (619a)
known to the witnesses, it shall be interpreted
to them. (n) Art. 812. In holographic wills, the dispositions
of the testator written below his signature
Art. 806. Every will must be acknowledged must be dated and signed by him in order to
before a notary public by the testator and the make them valid as testamentary dispositions.
witnesses. The notary public shall not be (n)
required to retain a copy of the will, or file
Art. 813. When a number of dispositions Art. 820. Any person of sound mind and of the
appearing in a holographic will are signed age of eighteen years or more, and not bind,
without being dated, and the last disposition deaf or dumb, and able to read and write,
has a signature and a date, such date validates may be a witness to the execution of a will
the dispositions preceding it, whatever be the mentioned in Article 805 of this Code. (n)
time of prior dispositions. (n) Art. 821. The following are disqualified from
being witnesses to a will:

Art. 814. In case of any insertion, cancellation, (1) Any person not domiciled in the
erasure or alteration in a holographic will, the Philippines;
testator must authenticate the same by his
full signature. (n) (2) Those who have been convicted of
falsification of a document, perjury or false
Art. 815. When a Filipino is in a foreign testimony. (n)
country, he is authorized to make a will in any
of the forms established by the law of the Art. 822. If the witnesses attesting the
country in which he may be. Such will may be execution of a will are competent at the time
probated in the Philippines. (n) of attesting, their becoming subsequently
incompetent shall not prevent the allowance
Art. 816. The will of an alien who is abroad of the will. (n)
produces effect in the Philippines if made with Art. 823. If a person attests the execution of a
the formalities prescribed by the law of the will, to whom or to whose spouse, or parent,
place in which he resides, or according to the or child, a devise or legacy is given by such
formalities observed in his country, or in will, such devise or legacy shall, so far only as
conformity with those which this Code concerns such person, or spouse, or parent, or
prescribes. (n) child of such person, or any one claiming
under such person or spouse, or parent, or
Art. 817. A will made in the Philippines by a child, be void, unless there are three other
citizen or subject of another country, which is competent witnesses to such will. However,
executed in accordance with the law of the such person so attesting shall be admitted as a
country of which he is a citizen or subject, and witness as if such devise or legacy had not
which might be proved and allowed by the been made or given. (n)
law of his own country, shall have the same
effect as if executed according to the laws of Art. 824. A mere charge on the estate of the
the Philippines. (n) testator for the payment of debts due at the
time of the testator's death does not prevent
Art. 818. Two or more persons cannot make a his creditors from being competent witnesses
will jointly, or in the same instrument, either to his will. (n)
for their reciprocal benefit or for the benefit
of a third person. (669) SUBSECTION 5. - Codicils and Incorporation
by Reference
Art. 819. Wills, prohibited by the preceding Art. 825. A codicil is supplement or addition to
article, executed by Filipinos in a foreign a will, made after the execution of a will and
country shall not be valid in the Philippines, annexed to be taken as a part thereof, by
even though authorized by the laws of the which disposition made in the original will is
country where they may have been executed. explained, added to, or altered. (n)
(733a)
Art. 826. In order that a codicil may be
effective, it shall be executed as in the case of
SUBSECTION 4. - Witnesses to Wills a will. (n)
Art. 827. If a will, executed as required by this revoking it, by the testator himself, or by
Code, incorporates into itself by reference any some other person in his presence, and by his
document or paper, such document or paper express direction. If burned, torn, cancelled,
shall not be considered a part of the will or obliterated by some other person, without
unless the following requisites are present: the express direction of the testator, the will
may still be established, and the estate
(1) The document or paper referred to in the distributed in accordance therewith, if its
will must be in existence at the time of the contents, and due execution, and the fact of
execution of the will; its unauthorized destruction, cancellation, or
obliteration are established according to the
(2) The will must clearly describe and identify Rules of Court. (n)
the same, stating among other things the
number of pages thereof; Art. 831. Subsequent wills which do not
revoke the previous ones in an express
(3) It must be identified by clear and manner, annul only such dispositions in the
satisfactory proof as the document or paper prior wills as are inconsistent with or contrary
referred to therein; and to those contained in the latter wills. (n)
Art. 832. A revocation made in a subsequent
(4) It must be signed by the testator and the will shall take effect, even if the new will
witnesses on each and every page, except in should become inoperative by reason of the
case of voluminous books of account or incapacity of the heirs, devisees or legatees
inventories. (n) designated therein, or by their renunciation.
(740a)
SUBSECTION 6. - Revocation of Wills and
Testamentary Dispositions Art. 833. A revocation of a will based on a
false cause or an illegal cause is null and void.
Art. 828. A will may be revoked by the (n)
testator at any time before his death. Any
waiver or restriction of this right is void. Art. 834. The recognition of an illegitimate
(737a) child does not lose its legal effect, even
Art. 829. A revocation done outside the though the will wherein it was made should
Philippines, by a person who does not have be revoked. (714)
his domicile in this country, is valid when it is
done according to the law of the place where
the will was made, or according to the law of SUBSECTION 7. - Republication and Revival of
the place in which the testator had his Wills
domicile at the time; and if the revocation
takes place in this country, when it is in Art. 835. The testator cannot republish,
accordance with the provisions of this Code. without reproducing in a subsequent will, the
(n) dispositions contained in a previous one
which is void as to its form. (n)
Art. 830. No will shall be revoked except in Art. 836. The execution of a codicil referring
the following cases: to a previous will has the effect of
republishing the will as modified by the
(1) By implication of law; or codicil. (n)

(2) By some will, codicil, or other writing Art. 837. If after making a will, the testator
executed as provided in case of wills; or makes a second will expressly revoking the
first, the revocation of the second will does
(3) By burning, tearing, cancelling, or not revive the first will, which can be revived
obliterating the will with the intention of only by another will or codicil. (739a)
 Art. 840. Institution of heir is an act by virtue
SUBSECTION 8. - Allowance and Disallowance of which a testator designates in his will the
of Wills person or persons who are to succeed him in
his property and transmissible rights and
Art. 838. No will shall pass either real or obligations. (n)
personal property unless it is proved and Art. 841. A will shall be valid even though it
allowed in accordance with the Rules of Court. should not contain an institution of an heir, or
The testator himself may, during his lifetime, such institution should not comprise the
petition the court having jurisdiction for the entire estate, and even though the person so
allowance of his will. In such case, the instituted should not accept the inheritance
pertinent provisions of the Rules of Court for or should be incapacitated to succeed.
the allowance of wills after the testator's a
death shall govern. In such cases the testamentary dispositions
made in accordance with law shall be
The Supreme Court shall formulate such complied with and the remainder of the
additional Rules of Court as may be necessary estate shall pass to the legal heirs. (764)
for the allowance of wills on petition of the
testator. Art. 842. One who has no compulsory heirs
may dispose by will of all his estate or any
Subject to the right of appeal, the allowance part of it in favor of any person having
of the will, either during the lifetime of the capacity to succeed.
testator or after his death, shall be conclusive
as to its due execution. (n) One who has compulsory heirs may dispose of
his estate provided he does not contravene
Art. 839. The will shall be disallowed in any of the provisions of this Code with regard to the
the following cases: legitime of said heirs. (763a)

(1) If the formalities required by law have not Art. 843. The testator shall designate the heir
been complied with; by his name and surname, and when there are
two persons having the same names, he shall
(2) If the testator was insane, or otherwise indicate some circumstance by which the
mentally incapable of making a will, at the instituted heir may be known.
time of its execution;
Even though the testator may have omitted
(3) If it was executed through force or under the name of the heir, should he designate him
duress, or the influence of fear, or threats; in such manner that there can be no doubt as
to who has been instituted, the institution
(4) If it was procured by undue and improper shall be valid. (772)
pressure and influence, on the part of the
beneficiary or of some other person; Art. 844. An error in the name, surname, or
circumstances of the heir shall not vitiate the
(5) If the signature of the testator was institution when it is possible, in any other
procured by fraud; manner, to know with certainty the person
instituted.
(6) If the testator acted by mistake or did not
intend that the instrument he signed should If among persons having the same names and
be his will at the time of affixing his signature surnames, there is a similarity of
thereto. (n) circumstances in such a way that, even with
the use of the other proof, the person
SECTION 2. - Institution of Heir
instituted cannot be identified, none of them Art. 852. If it was the intention of the testator
shall be an heir. (773a) that the instituted heirs should become sole
heirs to the whole estate, or the whole free
Art. 845. Every disposition in favor of an portion, as the case may be, and each of them
unknown person shall be void, unless by some has been instituted to an aliquot part of the
event or circumstance his identity becomes inheritance and their aliquot parts together
certain. However, a disposition in favor of a do not cover the whole inheritance, or the
definite class or group of persons shall be whole free portion, each part shall be
valid. (750a) increased proportionally. (n)

Art. 846. Heirs instituted without designation Art. 853. If each of the instituted heirs has
of shares shall inherit in equal parts. (765) been given an aliquot part of the inheritance,
and the parts together exceed the whole
Art. 847. When the testator institutes some inheritance, or the whole free portion, as the
heirs individually and others collectively as case may be, each part shall be reduced
when he says, "I designate as my heirs A and proportionally. (n)
B, and the children of C," those collectively
designated shall be considered as individually Art. 854. The preterition or omission of one,
instituted, unless it clearly appears that the some, or all of the compulsory heirs in the
intention of the testator was otherwise. direct line, whether living at the time of the
(769a) execution of the will or born after the death
of the testator, shall annul the institution of
Art. 848. If the testator should institute his heir; but the devises and legacies shall be
brothers and sisters, and he has some of full valid insofar as they are not inofficious.
blood and others of half blood, the
inheritance shall be distributed equally unless If the omitted compulsory heirs should die
a different intention appears. (770a) before the testator, the institution shall be
effectual, without prejudice to the right of
Art. 849. When the testator calls to the representation. (814a)
succession a person and his children they are
all deemed to have been instituted Art. 855. The share of a child or descendant
simultaneously and not successively. (771) omitted in a will must first be taken from the
part of the estate not disposed of by the will,
Art. 850. The statement of a false cause for if any; if that is not sufficient, so much as may
the institution of an heir shall be considered be necessary must be taken proportionally
as not written, unless it appears from the will from the shares of the other compulsory
that the testator would not have made such heirs. (1080a)
institution if he had known the falsity of such
cause. (767a) Art. 856. A voluntary heir who dies before the
testator transmits nothing to his heirs.
Art. 851. If the testator has instituted only
one heir, and the institution is limited to an A compulsory heir who dies before the
aliquot part of the inheritance, legal testator, a person incapacitated to succeed,
succession takes place with respect to the and one who renounces the inheritance, shall
remainder of the estate. transmit no right to his own heirs except in
cases expressly provided for in this Code.
The same rule applies if the testator has (766a)
instituted several heirs, each being limited to
an aliquot part, and all the parts do not cover
the whole inheritance. (n)