Making of wills as a statutory, NOT constitutional, right

Article 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. (Civil Code of the Philippines)

The force and effect of a will is statutory in nature. It is not a constitutional right. It is not a part of a person's right to property. As such, formalities prescribed by law must be strictly complied with in order for the testator to effectively control the disposition of his estate, albeit only to a certain degree.

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