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Question

B. Testamentary Succession - Testamentary Capacity

Mr. Santos, a wealthy businessman, is preparing his last will and testament. He intends to distribute his properties among his children and charitable organizations. However, concerns have been raised regarding his mental capacity to make a valid will. In light of this situation, please answer the following:

1. Discuss the concept of testamentary capacity as provided under Articles 796 to 803 of the Civil Code of the Philippines.
2. In the given scenario, what are the requirements for Mr. Santos to have testamentary capacity in executing his last will and testament? Explain each requirement and discuss the relevance of each in ensuring the validity of his will.
3. If Mr. Santos is found to lack testamentary capacity, what are the possible legal consequences with respect to the distribution of his properties after his demise?

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Answer