The right of succession are transmitted from the moment of the death of the decedent. The validity of the will as to its form depends upon the observance of the law in force at the time it is made. Notarial will. In the presence does not necessarily require actual seeing w/o physical obstruction. Hence when person merely has his back turned, the signing is done in his presence sin he could not cast his eyes in the proper direction. Signature of testator. A thumbmark has been considered by the SC as a valid signature if intended by the testator to be his signature. The testator and instrumental witnesses shall also signed in each every page thereof, except the last , on the left margin. All pages shall be numbered on the upper part of every page. The attestation clause shall state the no, of pages used upon w/c the will is written. Every notarial will must be acknowledge before a notary public by the testator and the witnesses. Two readings rule if the testator is blind, the will shall be read to him twice, once ; by one of the subscribing witnesses, and again by the notary public before whom the will is acknowledged. Probate of holographic will if not contested only the testimony of one witness who knows the hand writing and signature of the testator is needed. If contested, at least 3 of such witnesses are required. In the absence of said witnesses expert testimony may be presented. Incase holographic will lost or destroyed gen rule, cannot be probated. Exception if there exist photostatic or Xerox copy thereof. In case of insertion, cancellation, erasure, alteration in a holographic will or on testators signature the lack of authentication will only result in disallowance of such changes but the will is valid. Insertion or cancellation amounts to revocation of the will substituting the original heir w/ another , the will may not be probated because it had already been revoked. Will executed by fil abroad, he is authorized to make a will in any of the forms establish by the law of the country in w/c he may be. Such will may be probated in the Phil. May be given effect in the phil excuted by alien. When it accordance w the formalities extrinsic validity ; the place of the residence or domicile; his own country and nationality; the Phil ;or the law of the place of the execution. Made in the phil executed by alien, shall likewise may be given effect in accordance w/ the law as to formalities extrinsic validity. Joint will is void. It is executed by two or more persons in the same instruments enter for their reciprocal benefit or for benefit of a third person is void being contrary to public policy. Prohibition applies only to a Filipinos. It does not apply to aliens executed in accordance w/the laws of their country. Disallowance of the will; non-compliance w/the formalities; testator was insane from the time he executed the will; the will executed through force, duress, undue influence of fear, or threats; the signature was procured by fraud etc.Preterition , it is a total omission of a compulsory heir in the direct line from inheritance. The omission by the testator of his spouse not constitute preterition. Effects the institution of heirs is annulled. It is as if there was no institution. Hence the intestate succession shall take place. Devises and legatees are valid in so far as they are not inofficious. The omission must be total and complete in character in such a way that the omitted compulsory heir did not has received anything from the testator by any title whatsoever. Substitution of heirs, it is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. Simple substitution when testator designates one or more heirs to substitute in case such heirs should ; predecease; renounce or repudiate; be incapacitated. Legitime. Compulsory heir is whom the law reserved a portion of testator estate. Fideicommissary. It is that w/c takes place when the fiduciary or first heir instituted is entrusted w/ the obligation to preserve and to transmit to a second heir the whole part of the inheritance, provided such substitution does not go beyond one degree from the heir originally instituted, and provided further, that the fiduciary or first heir and the second heir are living at the time of the death of the testator. Under art 866 fideicommissary substitution the second heir shall acquire a right to the succession from the time of the testators death. Brothers and sister are not compulsory heirs. Therefore testator who has no compulsory heir can bequeath his entire estate to anyone who is not incapable to inherit. Legitime of the legitimate children of the estate of the father and of the mother. The remaining half is subject to the legitimes of the surviving spouse and the illegitimate children if any exist. The remaining portion thereof is considered as free portion. Reserve troncal. Elements; the ascendants brother sister , otherwise known as the origin of the property, from whom the descendants propositus has acquired the property by gratuitous title; the descendant-propositus , from whom the ascendant-reservista in turn has acquired the property by operation of law; the ascendant=-reservista who is obliged to reserve the property and; the relatuves of the propositus, otherwise known as the reservista or reserves, who are w/in the third degree and who belong the line from w/c the property came from and for whose benefit the reservation is constituted. Legitime of illegitimate children shall consist of one-half of the legitime of a legitimate child. The legitime of the illegitimate children shall taken from the portion of the estate at the free disposal of the testator provided; the total legitime of the illegitimate children shall not exceed the free portion; the legitime of the surviving spouse must first fully satisfied. Rule on donation relate to collation. Shall be charge to their legitime. Donation to strangers shall be charged to the disposable portion of the estate of the testator, if these donations are in officious or exceed the disposable portion, they shall be reduced accordingly. Disinheritance can be effected only through will but must state the cause of action. Ineffective disinheritance. w/o a specification of the cause , or for a cause the truth of w/c if contradicted , is not provided, w/c is not one of those set forth in this Code , shall annul the institution of heirs insofar as it may prejudice the person disinherited but the devisees and legacies and other testamentary disposition shall be valid to such extent as will not impair the legitime.