Text of the provision
Art. 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Testamentary succession results from the designation of an heir made in a will executed in the form prescribed by law.
Two elements make succession “testamentary” under this definition: an heir must actually be designated, and that designation must be made in a will that follows the form the law prescribes. A will that fails to observe the required form does not produce testamentary succession even if it clearly names an heir, since the formal requirement is not optional. This is what separates testamentary succession from intestate succession, where property passes to heirs the law itself designates, without any will being involved at all.
Questions about this provision
- If my mother left a note naming who should get her jewelry, but it wasn't signed the way a will has to be, does that still count as testamentary succession?
- What is testamentary succession under Philippine law?
Related provisions
- Article 778 — Three Kinds of Succession.
- Article 780 — Mixed Succession.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.