Will Flashcards by Rencevie Cate Bumanglag

A will must be executed in accordance with the formalities prescribed
by the law.

Solemn or formal act

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There must be an intent to make a will; a mind to make a will.

Animus testandi

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unwritten, and the making thereof by the testator and its
provisions are clearly established by at least two witnesses (

NUNCUPATIVE

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art: A married woman may dispose by will of all her separate property as well as her share of the
conjugal partnership or absolute community property

Article 803

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DECEDENT t is an individual who has died, particularly in the succession law. The term is
used to refer to the person whose estate is being settled or distributed after death. (RA 386,
Article —–)

783

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(1) No
nuncupative will shall pass any property of the decedent unless it is proved and allowed in
accordance with a solemn oath or affirmation of all the witnesses who attested to its
declaration”

Proof of will.

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an individual appointed by the court to manage and distribute the estate of a decedent who
died intestate or when there is no appointed executor in a will.

ADMINISTRATOR

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nuncupative is called

an oral or verbal will

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Art: When a number of dispositions appearing in a holographic will are signed without being
dated, and the last disposition has a signature and a date, such date validates the
dispositions preceding it, whatever be the time of prior dispositions

(Article 813).

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source: A will is nuncupative when it is unwritten, and the making thereof by the testator and its
provisions are clearly established by at least two witnesses

(New York Laws EPT - Estates,
Powers and Trusts Article 3)

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The testator creates an outlined document consisting of their wishes with regards to the
distribution of assets and guardianship of dependents.

Testator’s Information

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an act whereby a person is permitted, with the formalities prescribed by law, to control to a
certain degree the disposition of this estate, to take effect after his death

WILLS

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art: 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
disease, injury or other cause

Article 799

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heirs can be
classified into

testamentary heirs
intestate heirs

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CHARACTERISTICS OF MAKING A WILL:

Statutory right
Unilateral act
Solemn or formal act
Animus testandi
Testator must be capacitated to make a will
Strictly a personal act
effective mortis causa
essential revocable or ambulatory
ree from vitiated consent - executed freely, knowingly, and voluntarily
* It is an individual act

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a situation where a person dies without leaving a valid will, leading to distribution
according to statutory laws

intestate

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what art: TESTATE/INTESTATE

(RA 386, Articles 960-961).

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articles for TESTAMENTARY CAPACITY AND INTENT

796-803

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articles for: NURSES’ OBLIGATIONS IN THE EXECUTION OF A WILL

797, 798, 805, 809

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No acceptance by the heirs is required while the testator is still alive. Any
acceptance made prematurely is useless.

Unilateral act -

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Serves s testamentary act that allows a person to contol the disposition of their estate to a
certain degree, subject to legal formalities.

WILLS

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art: The law presumes that every person is of sound mind, in the absence of proof to the
contrary

Article 800

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ESSENTIAL ELEMENTS of will

Testator’s Information
Declaration of Intent:
Beneficiary Designations:
Executor Appointment

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an individual who has died, particularly in the succession law

DECEDENT

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what art: The administrator has similar responsibilities to those of an executor but operates under court supervision

(RA 386, Article 838).

Entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed (

HOLOGRAPHIC

what article: WILLS * an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death

Civil Code of the Philippines, Article 783)

these beneficiaries are explicitly named by the testator and assigned each to receive a particular asset that has been outlined in their wishes.

Specific beneficiaries

what art: Under Philippine law, heirs can be classified into testamentary heirs (those named in a will) and intestate heirs (those who inherit under the rules of intestacy when there is no valid will)

(RA 386, Articles 960-1001).

Beneficiary Designations

Contingent beneficiaries Residuary beneficiaries Specific beneficiaries

Nurses caring for well-to-do patients should remember that

*The main requirement for making a will is testamentary capacity (sanity). * The person making the will must be at least 18 years old and not be prohibited by law. * The will must be written and witnessed by three credible witnesses (unless it is a holographic will).

art: In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature

(Article 814).

those who inherit under the rules of intestacy when there is no valid wil

intestate heirs

The testator appoints an executor to administer the estate and carry out their wishes.

Executor Appointment

a person entitled to inherit property from a decedent.

HEIR

these beneficiaries will receive what is left when the deceased person's estate has been distributed

Residuary beneficiarie

refers specifically to a female testator.

testatrix

art: Ensure that the patient must have done the will freely, without being coerced or manipulated by others and that the will is made in the absence of bad faith, forgery, or fraud

R.A. 386, Article 809)

art: The nurse should make certain that in order to make a will, the patient should be in his/her right state of mind at the time of its execution

R.A. 386, Article 798

what article: Both terms TESTATOR/TESTATRIX denote individuals who express their wishes regarding the distribution of their estate through a legally executed will

(Articles 784-785).

kinds of will

HOLOGRAPHIC NUNCUPATIVE

a type of will that's delivered verbally to witnesses, and is usually given by people who are on their deathbed.

NUNCUPATIVE

This is evident from the clause "permitted to control to a certain degree" to which it is considered to be subordinated to both law and public policy

Statutory right

it includes a statement that revokes previous wills which allows it to take precedence.

Revocation of previous wills

states that "Proof of will. (1) No nuncupative will shall pass any property of the decedent unless it is proved and allowed in accordance with a solemn oath or affirmation of all the witnesses who attested to its declaration"

Code of Muslim Personal Laws of the Philippines Article 3

the declaration must clearly state that it is the testator's last will and testament. It needs to express the intention to distribute the testator's assets and address the other matters that follow their wishes

Clarity of Purpose

If the will is contested, at least ___of such witnesses shall be required.

three

art: Note that the will should be signed by the testator and all witnesses were present at the time of signing

R.A. 386, Article 805)

art: In holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions (

Article 812).

art: In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to

(Article 811).

art: Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity

Article 801

refers to the situation where a decedent has left a valid will that specifies how their estate should be distributed.

testate

A holographic will is one entirely written, dated, and signed by the hand of the testator.:::

1. The testator must personally know the language of the will; 2. The will must be entirely handwritten by the testator personally; and 3. The will must be dated.

what art: HOLOGRAPHIC Entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed

(Article 810)

these beneficiaries receive assets or benefits when certain conditions are met.

Contingent beneficiaries

art: Persons of either sex under eighteen years of age cannot make a will (

Article 797)

art: All persons who are not expressly prohibited by law may make a will

Article 796

The present Code only permits the execution of two kinds of wills:

1.) the ordinary or attested will, and (2) the holographic or handwritten will

Declaration of Intent:

Clarity of Purpose Reflecting the testator's intention Revocation of previous wills

Article and Section saying a will is strictly a personal act

R.A. 386, Article 784, Sec. 1)

art: The nurse should ensure that the patient is above 18 years of age as individuals under this age cannot make a will.

(R.A. 386, Article 797

(those named in a wil

testamentary heirs

Article _____provides for the common requirements which apply both to the attested and holographic will. These are, the will must be in writing and executed in the language known to the testator. Our law does not recognize nuncupative wills, which is one that is not written but orally declared by the testator in his last illness, in contemplation of death, and before a sufficient number of competent witnesses.

804

art: In order to make a will, it is essential that the testator be of sound mind at the time of its execution

Article 798

a formally executed written document that specifies how a person's estate should be disposed of upon their death

WILLS

is a person who makes a will.

testator

art: A married woman may make a will without the consent of her husband, and without the authority of the court

, Article 802

refer to the person whose estate is being settled or distributed after death

DECEDENT

it must accurately capture the testator's wishes with regards to the distribution of assets among the beneficiaries and appointment of guardians for minor children, if applicable.

Reflecting the testator's intention

* In the probate of a holographic will, it shall be necessary that at least ____witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator

one

Will Flashcards

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