Exception to the lex situs rule

One important exception to the lex situs rule occurs in the case of successional rights. (Paras, 2008) Thus, the following matters are governed, not by the lex situs, but by the national law of the deceased in accordance with Article 16, par. 2 of the Civil Code):

  1. Order of succession.
  2. Amount of successional rights. (This refers to the amount of property that each heir is legally entitled to inherit from the estate available for distribution, per Coll. of Int. Rev. v. Fisher, et al., L-11622, 11668, Jan. 28, 1961).
  3. Intrinsic validity of the provisions of a will. (For example, this refers to whether or not a disinheritance has properly been made or not; whether a testamentary disposition can be given effect or not.).
  4. Capacity to succeed. (Art. 1039, Civil Code).

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