Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 112 of 12 articles for last will and testament

Notarial Will Philippines Requirements: How to Make a Valid Will

Learn the notarial will Philippines requirements under the Civil Code, including the attestation clause, witnesses, and signing rules for validity.

Holographic Wills in the Philippines: Requirements and Validity

Learn the requirements for a valid holographic will in the Philippines, who can make one, and how to ensure it stands up in court.

Extrajudicial Settlement of Estate in the Philippines: When and How

Learn when you can use extrajudicial settlement of estate in the Philippines, who can file, and the step-by-step process under Philippine law.

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Probate of an Alien's Will in the Philippines: Nationality Principle Explained

Philippine courts can probate a foreigner's will executed in the Philippines. The nationality principle does not strip local courts of jurisdiction.

Formal Will Requirements: Strict vs Substantial Compliance in Probate

Philippine Supreme Court clarifies when defective attestation clauses invalidate wills, distinguishing strict from substantial compliance under Civil Code Articles 805 and 809.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Donation Mortis Causa vs Inter Vivos: Understanding Estate Transfers in the Philippines

Philippine Supreme Court explains when a donation is mortis causa, not inter vivos, and why formalities of a will matter.

Perfecting Land Titles: Open, Continuous, and Adverse Possession Since June 12, 1945

Learn how the Supreme Court applied the June 12, 1945 possession rule in land registration, citing Republic v. Consunji.

Notarial Wills and Territorial Limits on Notary Public Authority

A will acknowledged before a notary acting outside his commission is void. Learn the territorial limits rule from Guerrero v. Bihis.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Modal Institutions in Philippine Wills: Heirs' Obligations and the Rabadilla Ruling

Learn how modal institutions in Philippine wills impose enforceable obligations on heirs, based on the Supreme Court's ruling in Rabadilla v. Court of Appeals.