Who may make wills.
SEC. 614. Who may make wills. — Every person of age and sound mind may devise, bequeath, and dispose of his estate, real and personal, and of any right or interest which he has in his real or personal estate, by his last will and testament; and the words "every person," shall include married women: Provided, That no person can by will deprive a husband, or wife, or heir of such interest in his estate as the law provides shall appertain to such husband, wife, or heir, notwithstanding the execution of the will.
Real estate acquired afterwards may pass by will.
SEC. 615. Real estate acquired afterwards may pass by will. — Real estate acquired after making a will shall pass thereby as if the testator had possessed it at the time of making the will, if it appears by the will that such was his intention.
Whole interest to pass unless, and so forth.
SEC. 616. Whole interest to pass unless, and so forth. — Every devise of land by will shall convey all the estate which the devisor could devise in such land unless it clearly appears by the will that he intended to convey a less estate.
Spanish wills.
SEC. 617. Spanish wills. — A will executed by a Spaniard, or a resident of the Philippine Islands, before the date on which this Act shall come into force, shall be valid and allowed, if duly executed in accordance with the laws before that date prevailing in the Philippine Islands relating to the execution of wills, whether such will be an open will or a sealed will, or one termed a verbal will under that law, but such will must be established and the estate administered in accordance with the provisions of this Code.
Requisites of will.
SEC. 618. Requisites of will. — No will, except as provided in the preceding section, shall be valid to pass any estate, real or personal, nor charge or affect the same, unless it be in writing and signed by the testator, or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of each other. The attestation shall state the fact that the testator signed the will, or caused it to be signed by some other person, at his express direction, in the presence of three witnesses, and that they attested and subscribed it in his presence and in the presence of each other. But the absence of such form of attestation shall not render the will invalid if it is proven that the will was in fact signed and attested as in this section provided.
Custody of a will after its execution.
SEC. 619. Custody of a will after its execution. — After the due execution of a will, the testator may retain it in his own possession, or he may deposit it with any other person, official, or corporation, to hold for him; but it shall always be subject to his control and direction and right of possession, down to the time of his death.
Who are competent witnesses.
SEC. 620. Who are competent witnesses. — Any person of sound mind, and of the age of eighteen years or more, and not blind, may be a witness to the execution of a will.
Subsequent incompetency immaterial.
SEC. 621. Subsequent incompetency immaterial. — If the witnesses attesting the execution of the will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will.
When devise or legacy to witness void.
SEC. 622. When devise or legacy to witness void. — If a person attests the execution of a will, to whom or to whose wife or husband, or parent, or child, a beneficial devise, legacy, or interest, of or affecting real or personal estate, is given by such will, such devise, legacy, or interest shall, so far only as concerns such person, or the wife or husband, or parent or child of such person, or anyone claiming under such person or such wife or husband, or parent or child, be void, unless there are three other competent witnesses to such will, and such person so attesting shall be admitted as a witness as if such devise, legacy, or interest had not been made or given. But a mere charge on the real or personal estate of the testator, for the payment of debts, shall not prevent his creditors from being competent witnesses to his will.
Will, how revoked.
SEC. 623. Will, how revoked. — No will shall be revoked, except by implication of law, otherwise than by some will, codicil, or other writing executed as provided in case of wills; or by burning, tearing, canceling, or obliterating the same with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction.
If burned, torn, canceled, or obliterated by some other person, without the express direction of the testator, the will may still be established by the court, and the estate distributed in accordance therewith, if its contents and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration is established by full evidence to the satisfaction of the court.
To be recorded in registration of land titles.
SEC. 624. To be recorded in registration of land titles. — Attested copies of wills devising real estate and of the allowance thereof by the court, shall be recorded in the office of the registrar of land titles of the province in which the lands lie.
Allowance necessary, and conclusive as to execution.
SEC. 625. Allowance necessary, and conclusive as to execution. — No will shall pass either the real or personal estate, unless it is proved and allowed in the Court of First Instance, or by appeal to the Supreme Court; and the allowance by the court of a will of real and personal estate shall be conclusive as to its due execution.
Custodian of will to deliver.
SEC. 626. Custodian of will to deliver. — The person who has the custody of a will shall, within thirty days after he knows of the death of the testator, deliver the will into the court which has jurisdiction, or to the executor named in the will.
Executor to present will and accept or refuse trust.
SEC. 627. Executor to present will and accept or refuse trust. — A person named as executor in a will, shall within thirty days after he knows of the death of the testator, or within thirty days after he knows that he is named executor, if he obtained such knowledge after knowing of the death of the testator, present such will to the court which has jurisdiction, unless the will has been otherwise returned to said court, and shall, within such period, signify to the court his acceptance of the trust, or make known in writing his refusal to accept it.
Penalty.
SEC. 628. Penalty. — A person who neglects any of the duties required in the two preceding sections, unless he gives a satisfactory excuse to the court, shall be subject to a fine not exceeding one thousand dollars.
Person retaining will may be committed.
SEC. 629. Person retaining will may be committed. — If a person having custody of a will after the death of the testator neglects without reasonable cause to deliver the same to the court having jurisdiction, after notice by the court so to do, he may be committed to prison of the province by a warrant issued by the court, and there kept in close confinement until he delivers the will.
Court to appoint hearing on will.
SEC. 630. Court to appoint hearing on will. — When a will is delivered to a court having jurisdiction of the same, the court shall appoint a time and place when all concerned may appear to contest the allowance of the will, and shall cause public notice thereof to be given by publication in such newspaper or newspapers as the court directs of general circulation in the province, three weeks successively, previous to the time appointed, and no will shall be allowed until such notice has been given. At the hearing all testimony shall be taken under oath, reduced to writing and signed by the witnesses.
How approved when not contested.
SEC. 631. How approved when not contested. — If no person appears to contest allowance, at the times appointed, the court may grant allowance thereof, on the testimony of one of the subscribing witnesses only, if such witness testify that the will was executed as is required in this chapter.
When the witness does not remember signing.
SEC. 632. When the witness does not remember signing. — A will may be allowed notwithstanding the fact that one or more of the witnesses do not remember the fact of having attested it, provided the court is satisfied from all the evidences that the will was executed and attested in the manner herein required.
When the witness does not reside in the Philippines.
SEC. 633. When the witness does not reside in the Philippines. — If none of the subscribing witnesses reside in the Philippine Islands at the time of the death of the testator, the court may admit the testimony of other witnesses to prove the sanity of the testator, and the due execution of the will, although the subscribing witnesses are living; and as evidence of the execution of the will, it may admit proof of the handwriting of the testator and of the subscribing witnesses, in cases where the names of the witnesses are subscribed to a certificate stating that the will was executed as required in this chapter. In case one or more of the subscribing witnesses has deceased, the sanity of the testator and the due execution of the will may also be proven in the manner in this section heretofore provided.
Grounds for disallowing the will.
SEC. 634. Grounds for disallowing the will. — The will shall be disallowed in either of the following cases:
1. If not executed and attested as in this Act provided;
2. If the testator was insane or otherwise mentally incapable of the execution of such an instrument at the time of its execution;.
3. If it was executed under duress, or the influence of fear, or threats;
4. If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of some other person for his benefit;
5. If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument should be his will at the time of fixing his signature thereto.
Will made out of the Philippine Islands.
SEC. 635. Will made out of the Philippine Islands. — A will made out of the Philippine Islands which might be proved and allowed by the laws of the state or country in which it was made, may be proved, allowed, and recorded in the Philippine Islands, and shall have the same effect as if executed according to the laws of these Islands.
Will made here by alien.
SEC. 636. Will made here by alien. — A will made within the Philippine Islands by a citizen or subject of another state or country, which is executed in accordance with the law of the state or country of which he is a citizen or subject, and which might be proved and allowed by the law of his own state or country, may be proved, allowed, and recorded in the Philippine Islands, and shall have the same effect as if executed according to the laws of these Islands.
Wills proved outside islands may be allowed here.
SEC. 637. Wills proved outside islands may be allowed here. — Wills proved and allowed in the United States, or any State or Territory thereof, or in a foreign state or country, according to the laws of such State, Territory, or country, may be allowed, filed, and recorded in Court of First Instance of the province in which the testator has real or personal estate on which such will may operate.
Hearing on question of allowance.
SEC. 638. Hearing on question of allowance. — When a copy of such will, and the probate and allowance thereof, duly authenticated, is produced by the executor, or other person interested, to the Court of First Instance, such court shall appoint a time and place of hearing, and notice shall be given as in case of an original will presented for allowance.
Court may order it recorded.
SEC. 639. Court may order it recorded. — If it appears to the court, on the hearing, that the instrument ought to be allowed in the Philippine Islands, as the last will and testament of the deceased, it shall be allowed, and a copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the same court.
Estate, how administered.
SEC. 640. Estate, how administered. — When a will is thus allowed, the court shall grant letters testamentary, or letters of administration with the will annexed, and such letters testamentary or of administration, shall extend to all the estate of the testator in the Philippine Islands. Such estate, after the payment of just debts and expenses of administration, shall be disposed of according to such will, so far as such will may operate upon it; and the residue, if any, shall be disposed of as is provided by law in cases of estates in these Islands belonging to persons who are inhabitants of another state or country.
EXECUTORS AND ADMINISTRATORS, WHO MAY ACT, AND THEIR BONDS
When will proved, letters to issue to executor.
SEC. 641. When will proved, letters to issue to executor. — When a will has been proved and allowed, the court shall issue letters testamentary thereon to the person named as executor therein, if he accepts the trust and gives the bond as required by law. The term "executor" in this Act shall include an administrator with the will annexed.
To whom administration granted.
SEC. 642. To whom administration granted. — If no executor is named in the will, or if a person dies intestate, administration shall be granted:
1. To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if suitable to discharge the trust;
2. If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be unsuitable, or if the husband or widow, or next of kin neglect for thirty days after the death of the person to apply for administration, or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve;
3. If there is no such creditor competent and willing to serve, the same may be committed to such other person as the court may appoint.
Bond, generally.
SEC. 643. Bond, generally. — Before an executor, or an administrator, enters upon the execution of his trust, and letters testamentary or of administration are issued, the person to whom they are issued shall give a bond in such reasonable sum as the court directs, with one or more sufficient sureties, conditioned as follows:
1. To make and return to the court, within three months, a true and perfect inventory of all goods, chattels, rights, credits, and estate of the deceased, which shall come to his possession or knowledge, or to the possession of any other person for him;
2. To administer according to law, and, if an executor, according to the will of the testator, all goods, chattels, rights, credits, and estate, which shall at any time come to his possession, or to the possession of any other person for him, and of the same pay and discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be decreed by the court;
3. To render a true and just account of his administration to the court within one year, and at any other time when required by the court;
4. To perform all orders and decrees of the court by him to be performed.
Bond of executor who is residuary legatee.
SEC. 644. Bond of executor who is residuary legatee. — An executor who is a residuary legatee, instead of the bond prescribed in the preceding section, may give a bond in such sum, and with such sureties, as the court directs, with the condition only to pay the debts and legacies of the testator, and in such case he shall not be required to return an inventory. If the testator in his will directs that no bond, or only the individual bond of the executor, be required, instead of the bond prescribed in the preceding section, he may give his individual bond, as directed in the will; but he shall also give a bond in such sum and with such surety as the court requires, with the condition only to pay the debts of the testator; but the court may require of the executor a further bond, in case of a subsequent change in his circumstances, and for other sufficient cause, with the second, third, and fourth conditions named in the preceding section.
Bonds of joint executors and administrators.
SEC. 645. Bonds of joint executors and administrators. — When two or more persons are appointed administrators or executors, the court may take separate bond from each, with sureties, or a joint bond, with sureties, from all.
Executor neglecting to give bond.
SEC. 646. Executor neglecting to give bond. — No person named executor in a will, who refuses to accept the trust, or neglects to give a bond, for twenty days after the allowance of such will, shall intermeddle or act as executor, and in case of such neglect to accept, or refusal to give bond, the court may grant letters testamentary to the other executors who are capable and willing to accept the trust; and if there is no other executor who will give a bond, administration shall be granted with the will annexed, to the person who would have been entitled to the same if the testator had died intestate.
When executor is a minor.
SEC. 647. When executor is a minor. — When the person named executor in a will is under age at the time of proving the will, administration shall be granted, with the will annexed, during the minority of the executor, to the person who would have been entitled to the same if the testator had died intestate, unless there is another executor who accepts the trust and gives the bond; and, in that case, the executor who gives a bond shall have letters testamentary, and shall administer the estate until the minor is of age, when he may be admitted, on giving a bond, as joint executor.
Executor of executor not to administer estate.
SEC. 648. Executor of executor not to administer estate. — The executor of an executor shall not, as such, administer the estate of the first testator.
DEATH, REMOVAL, ETC. OF EXECUTOR ADMINISTRATOR
In case of vacancy, who to administer.
SEC. 649. In case of vacancy, who to administer. — When an executor or administrator dies, resigns, or is removed, or his authority is extinguished, the remaining executor or administrator may administer the trust, and if there is no other executor or administrator, administration may be granted to a suitable person.
Power of new administrator.
SEC. 650. Power of new administrator. — An Administrator, appointed in the place of a former executor or administrator, shall have the same power in settling the estate not administered as the former executor or administrator had; and may prosecute or defend actions commenced by or against the former executor or administrator, and may have execution on judgments recovered in the name of such former executor or administrator.
Appointment of administrator to act with survivor.
SEC. 651. Appointment of administrator to act with survivor. — When an executor or administrator dies, resigns, is removed, or his authority is extinguished, leaving a remaining executor or administrator, administration may be granted to some suitable person, with such remaining executor or administrator upon the application of any person interested in the estate of the deceased, as surviving husband, widow, heir, creditor, devisee, legatee, or other legal representative.
His powers.
SEC. 652. His powers. — An administrator appointed under the preceding section shall have the same power as the remaining executor or administrator has, and with said executor or administrator may prosecute or defend actions commenced by or against the former executors or administrators, and have execution on judgments recovered in the names of the former executors or administrators.
The court may remove or accept resignation of executor or administrator.
SEC. 653. The court may remove or accept resignation of executor or administrator. — If an executor or administrator neglects, after notice by the court, to render his account and settle the estate according to law, or to perform an order or decree of such court, or absconds, or becomes insane, or otherwise incapable or unsuitable to discharge the trust, the court may, in its discretion, remove him, and may allow an executor or administrator to resign.
Married women may.
SEC. 654. Married women may. — A married woman may be administratrix or executrix, and the marriage of a single woman shall not affect her authority so to act under a previous appointment.
One of coexecutors disqualified, others may act.
SEC. 655. One of coexecutors disqualified, others may act. — When executors appointed in a will can not, according to the provisions of this chapter, act as such, those who can act may perform the duties and discharge the trust required by the will.
Estate of person unheard from for fifteen years may be administered.
SEC. 656. Estate of person unheard from for fifteen years may be administered. — A person absent and unheard from for fifteen years shall be deemed to be dead from the time of his disappearance, or when last heard from, and the court having jurisdiction of his estate may grant administration thereof, and proceed with said estate as in the settlement of intestate estates and decree distribution thereof to the known heirs of such absent person; but if such absent person proves to be alive, he shall be entitled to his estate notwithstanding the settlement and distribution aforesaid, and may recover, in any proper action, any portion thereof, which any one has received in such settlement and distribution.
Administration revoked if will discovered.
SEC. 657. Administration revoked if will discovered. — If, after granting letters of administration by a court on the estate of a person as if he had died intestate, a will of such deceased person is proved and allowed by the court, the letters of administration shall be revoked and the powers of the administration cease, and he shall thereupon surrender the letters of administration to the court, and render his account within such time as the court directs.
Power of executor in such case.
SEC. 658. Power of executor in such case. — The executor of the will, in such case, may demand, sue for, and collect the goods, chattels, rights, and credits, of the estate of the deceased, remaining unadministered, and may prosecute to final judgment suits commenced by the administrator before the revocation of his letters of administration.
Acts before revocation to be valid.
SEC. 659. Acts before revocation to be valid. — The acts of an executor or administrator, before the revocation of his letters testamentary or of administration, shall be valid, the same as if there had been no revocation.
Appointment of special administrator.
SEC. 660. Appointment of special administrator. — When there is delay in granting letters testamentary or letters of administration occasioned by an appeal from the allowance or disallowance of a will, or from any other cause, the court may appoint an administrator to act in collecting and taking charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators thereupon appointed; no appeal shall be allowed from the appointment of such special administrator.
Powers of special administrator.
SEC. 661. Powers of special administrator. — Such special administrator shall collect the goods, chattels, and credits of the deceased and preserve the same for the executor or administrator afterwards appointed, and for that purpose may commence and maintain suits as an administrator, and may sell such perishable and other personal property as the court orders sold. A special administrator shall not be liable to an action by a creditor, or pay any debts of the deceased.
To give bond.
SEC. 662. To give bond. — A special administrator shall, before entering upon the duties of his trust, give a bond as the court directs, with a condition that he will make and return a true inventory of the goods, chattels, rights, credits, and effects of the deceased which come to his possession or knowledge, and that he will truly account for such as are received by him, when required by the court, and will deliver the same to the person afterwards appointed executor or administrator, or such person authorized to receive the same.
When powers cease.
SEC. 663. When powers cease. — Upon granting letters testamentary or of administration on the estate of the deceased, the powers of such special administrator shall cease; and he shall forthwith deliver to the executor or administrator the goods, chattels, money, and effects of the estate of the deceased in his hands; the executor or administrator may prosecute to final judgment suits commenced by such special administrator.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
