Rules on Validity of Wills

Validity of wills consists of 2 parts: extrinsic and intrinsic. Extrinsic validity refers to the forms and solemnities prescribed by law. Intrinsic validity refers to the legality of the will's provisions.

Extrinsic Validity

1.) From the viewpoint of time: the laws in force at the time the will was made.

2.) From the viewpoint of place/country:

a.) If the testator is a Filipino, he can observe Philippine law or the law of the country where he executes the will.

b.) If the testator is a foreigner living abroad, he can follow the law of his domicile (the country he's permanently staying in,) the law of his home country or Philippine law.

c.) If the testator is a foreigner in the Philippines, he can either follow the law of his home country or Philippine law.

Intrinsic Validity

1.) From the viewpoint of time: the law in force at the time of the testator's death governs succession rights.

2.) From the viewpoint of place/country: the national law of the testator governs, regardless of  the place the will was executed or where the testator died.

Art. 795 of the Civil Code says that the law in force at the time the will was made governs its form.