Short answer. Testamentary succession is inheritance that happens because a person named their heirs in a validly executed will. Article 779 defines it as succession resulting from the designation of an heir in a will made in the form the law prescribes. Without a will meeting those formal requirements, this type of succession does not apply.

What the law says

Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law.

Civil Code, Article 779 — Testamentary Succession. Read the full provision →

What Article 779 actually defines

This article opens the Civil Code's general provisions on succession by giving testamentary succession its formal definition: it is succession that results from designating an heir in a will, and that will must be executed in the form the law prescribes. Both elements matter, naming an heir and following the legally required form, before this type of succession can operate. The heir named this way stands in a different legal position from someone who would only inherit by default under the law.

Why the form requirement carries so much weight

A will only counts for purposes of this article if it complies with the formalities the Civil Code sets for notarial or holographic wills, such as proper signing, dating, and, for a notarial will, the required number of witnesses. A document that names heirs but skips those formalities does not produce testamentary succession, no matter how clearly it expresses the deceased person's wishes.

How this fits with intestate or mixed succession

The Civil Code recognizes succession that happens through a will, succession that happens by operation of law when there is no valid will, and a mixed form that combines both in a single estate. Testamentary succession is only the first of these; when a person dies without leaving a will that satisfies Article 779's requirements, the law-designated heirs and shares under intestate succession take over instead, either wholly or for whatever portion the will failed to cover. Choosing which path applies is not optional for the parties; it follows automatically from whether a valid will exists, which is why disputes over a will's validity are so often really disputes about which set of succession rules controls the estate.

Practical takeaway for anyone planning an estate

Anyone who wants their property distributed according to their own wishes, rather than the default shares the law assigns, needs a will that satisfies the formal requirements behind Article 779, not just a written expression of intent. Getting the execution formalities right at the outset is what actually secures testamentary succession later, since a defectively executed will can be set aside even if its contents are otherwise clear.

The heir designation itself

Designating an heir means identifying who is to receive property or rights upon death, and a will can name one heir, several heirs, or specific individuals for particular assets. Article 779 does not itself limit who may be designated, but other Civil Code provisions on capacity to inherit, disinheritance, and legitimes still constrain how freely a testator can distribute an estate through a will.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.