Tuesday, September 14, 2010


1.       Succession - mode of acquisition of rights, property & obligation transmitted thru will or by operation of law upon the death of the testator
2.       Decedent - person whose property is transmitted thru succession; testator
3.       Estate - interest in hand or property to be transmitted
4.       Testamentary capacity - capacity to comprehend the nature of transaction he is engaging that time, recollect the property to be disposed; the persons who would have claims to the property, comprehend the manner in which the instrument will distribute the property
5.       Wills - act whereby a person is permitted with the formalities prescribed by law to control to a certain degree the disposition of his property to take effect upon his death

Who may make a will?
1.      Married woman without the consent of the husband & without authority of the court (separate property, share of the conjugal property or absolute community of property)
2.      All persons who are not expressly prohibited by law (minors, mentally incapacitated; mental capacity to be determined at the time of its execution

Forms/Kinds of Will
Notarial ( 3 or more credible witnesses, attestation clause, acknowledgement)
a.      Holographic - written, dated and signed by the testator himself
b.      Joint or Mutual will - not allowed as a matter of public policy
Witnesses to wills
a.      Legal age
b.      Not blind, deaf or dumb
c.      Able to read and write
d.      Domiciled in the Philippines
e.      Is not convicted of falsification of document or false testimony

Living will
ð Health care proxy form provided by hospitals
ð Forms part of hospital records
ð Designates health care representative -  physical/mental incapacity
ð Includes to accept or refuse treatment,     services, procedures, provide, withold or withdraw life - sustaining devices; organ donation or acceptance
ð Doctor should be informed
ð Signed by patient and two other persons
ð It has the force of law

Advanced Directive/Durable power of attorney
ð document made by a competent individual to establish desired health care for the future or give someone else the right to make health care decision if the individual becomes incompetent
ð Made part of the medical record
ð Physician must be notified of its presence so that orders will be consistent with client' wishes


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