a) Natividad’s holographic will, which had only one (1) substantial provision, as first written, named Rosa as her sole heir. However, when Gregorio presented it for probate, it already contained an alteration, naming Gregorio, instead of Rosa, as sole heir, but without authentication by Natividad’s signature. Rosa opposes the probate alleging such lack of proper authentication. She claims that the unaltered form of the will should be given effect. Whose claim should be granted? Explain. (5%)
b) John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine citizenship by naturalization after their marriage. During their marriage, the couple acquired substantial landholdings in London and in Makati. Maria begot three (3) children, Jorge, Luisito, and Joshur. In one of their trips to London, the couple executed a joint will appointing each other as their heirs and providing that upon the death of the survivor between them, the entire estate would go to Jorge and Luisito only but the two (2) could not dispose of nor divide the London estate as long as they live. John and Maria died tragically in the London subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of their parents’ will before a Makati Regional Trial Court. Joshur vehemently objected because he was preterited.
1) Should the will be admitted to probate? Explain. (2%)
2) Are the testamentary dispositions valid? Explain. (2%)
3) Is the testamentary prohibition against the division of the London estate valid? Explain. (1%)
Suggested answer only. Not an official answer and not legal advice.
(a) If Natividad erased Rosa, the will is revoked; if a third party did, Rosa inherits. (b1) No, the joint will cannot be probated. (b2) No, dispositions are void. (b3) No, the partition ban is invalid. Under Article 814
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Quick check
Under Article 814 of the Civil Code, what is required to validate an alteration or erasure in a holographic will?
Article 814 explicitly requires the full signature of the testator to authenticate any insertion or alteration in a holographic will.
In Kalaw v. Relova, what is the legal effect if the sole heir named in a holographic will is erased by the testator and a new heir is written without authentication?
When the sole heir is erased by the testator and the substitution is unauthenticated, the will becomes revoked for lacking a designated heir.
Under Articles 818 and 819 of the Civil Code, what is the status of a joint will executed by Filipino citizens in a foreign country?
Joint wills executed by Filipinos abroad are void ab initio under Article 819 for violating public policy.
What is the maximum period for which a testator may prohibit the partition of his estate under Article 1083 of the Civil Code?
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What happens to a testamentary prohibition that forbids co-heirs from dividing an estate property for as long as they live?
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Learn more about these topics
1. Will Alteration Rules
Under Article 814 of the Civil Code, any insertion, cancellation, erasure, or alteration in a holographic will must be authenticated by the full signature of the testator. As held in Kalaw v. Relova, if the alteration substitutes the sole heir and is unauthenticated, the change is void. If the cancellation of the original heir's name was made by the testator, the entire will is revoked because no heir remains. However, if the erasure was committed by a third party without authorization, the alteration is void and the original disposition in favor of the first heir remains effective.
2. Joint Will Prohibition
Under Articles 818 and 819 of the Civil Code, two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. This prohibition applies to Filipino citizens even if the joint will is executed in a foreign country where such wills are recognized by law. Because joint wills executed by Filipinos abroad violate public policy, they are void ab initio and cannot be admitted to probate in Philippine courts, rendering all testamentary dispositions contained therein completely void.
3. Estate Partition Limit
Under Article 1083 of the Civil Code, a testator may prohibit the partition of his estate, but such prohibition cannot extend beyond a period of twenty years. A testamentary condition or prohibition imposing a lifetime ban on the division or disposition of estate properties exceeds the statutory maximum limit. Consequently, the condition is invalid insofar as it exceeds the twenty-year period allowed by law, permitting the co-heirs to demand partition of the property after twenty years from the opening of the succession.