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Act 300 Distribution Act 1958
Distribution http://perjanjian.org 1 LAWS OF MALAYSIA REPRINT Act 300 DIS...
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Civil Law Summer Reviewer
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Table 1. VALIDITY AND EFFECT OF LEGACY
VALIDITY AND EFFECT OF LEGACYThing owned in part by testator
(Art. 929)
General Rule: Conveys only interest or part owned bytestator
Exception
:
if testator otherwise provides – 1. He may convey more than what he owns - the stateshould try to acquire the part or interest owned by otherparties. If other parties are unwilling to alienate, theestate should give the legatee/devisee the monetaryequivalent (analogy with Article 931)2. He may convey less than what he owns (Article 794)
Thing owned by another
(Arts. 930-931)
General Rule:
1.
If testator ordered acquisition of the thing -
theorder should be complied with. If the owner is unwillingto part with the thing, the legatee/devisee should begiven the monetary equivalent2. If testator
erroneously believed that the thingbelonged to him
- legacy/device is void
Exception:
if testator acquire the thing onerously orgratuitously after making of the disposition, dispositionis validated
3. If testator knew that the thing did not belong to himbut did not order its acquisition -
code is silent butdisposition should be considered valid - there is animplied order to acquire and doubts must be resolvedin favor of intestacy
Thing already owned to thelegatee/devisee
(Arts 932-933)
1. If thing already
belonged to legatee/devisee
at timeof execution of will – legacy/devise is void2. If thing was
owned by another person
at time ofmaking the will and thereafter it is acquired bylegatee/devisee:a. If testator erroneously believed that he owned thething – legacy /devise is voidb. If testator was not in error – i. If thing was acquired onerously by L/D – L/D entitled to be reimbursedii. If thing was acquired gratuitously by L/D – nothing is due3. If thing was
owned by testator
at time will was madeand L/D acquired the thing from him thereafter – law issilent*Balane – L/D deemed revoked*Tolentino – no intention to revoke (BUT if the testatorhas not alienated the thing directly to the L/D, but to a3
rd
person and the former just acquired it from thelatter, there is an intention to revoke)
Legacy/Devise to remove anencumbrance over a thingbelonging to testator (Art 932par 2)
Valid, if the encumbrance can be removed for aconsideration
Legacy/Devise of a thingpledged or mortgaged
(Article 934)
The encumbrance must be removed by paying the debtunless the testator intended otherwise
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Table 2. RULES OF EXCLUSION AND CONCURRENCE
Intestate Heir E
XCLUDES
E
XCLUDED
B
Y
C
ONCURS
W
ITH
Legitimate children andLegitimate descendantsAscendants,collaterals andstateNo one Surviving spouseIllegitimate childrenIllegitimate children and
DescendantsIllegitimate
parents,collaterals andstateNo one Surviving spouse
Legitimate childrenand legitimate parentsLegitimate parents andlegitimate ascendantsCollaterals andstateLegitimatechildrenIllegitimate childrenand surviving spouseIllegitimate parents Collaterals andstateLegitimate
children andillegitimatechildrenSurviving spouseSurviving spouse Collateralsother thansiblings,nephews andniecesNo one Legitimate childrenIllegitimate childrenLegitimate parentsand IllegitimateparentsSiblings, nephews nieces All othercollaterals andstateLegitimatechildren,illegitimatechildren,Legitimateparents and
illegitimateparentsSurviving spouseOther collaterals within 5
th
degreeCollateralremoter indegree andstateLegitimatechildrenIllegitimatechildrenLegitimateparentsIllegitimateparents andSurvivingspouseCollaterals in thesame degree
State No one Everyone No one
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Table 3. SUMMARY OF INTESTATE SHARES
Legitimate Children and Legitimate Descendants AloneIntestate Heir S
HARE
A
S
L
EGITIME
S
HARE
A
S
F
REE
D
ISPOSAL
T
OTAL
I
NTESTATE
S
HARE
Legitimatechildren½ ½ 1TOTAL ½ ½ 1
One Legitimate Child and Surviving SpouseIntestate Heir S
HARE
A
S
L
EGITIME
S
HARE AS
F
REE
D
ISPOSAL
T
OTAL
I
NTESTATE
S
HARE
Legitimate child ½ ½Surviving spouse ¼ ¼ ½TOTAL ¾ ¼ 1
Legitimate Children and Surviving Spouse
Intestate Heir S
HARE
A
S
L
EGITIME
S
HARE AS
F
REE
D
ISPOSAL
T
OTAL
I
NTESTATE
S
HARE
Legitimatechildren½ Remainingportion of estateafter payinglegitimesWhole estatedivided equallybetween totalnumber ofchildren plus thesurviving spouseSurviving spouse Same as shareof @ legitimatechildLegitimes to bedivided equallybetween total no.of children plusthe surviving
spouseNo. of childrenplus the survivingspouse (seeabove)TOTAL Varies on no. ofchildrenVaries on no. ofchildren1
Legitimate Children and Illegitimate ChildrenIntestate Heir S
HARE
A
S
L
EGITIME
S
HARE AS
F
REE
D
ISPOSAL
T
OTAL
I
NTESTATE
S
HARE
Legitimatechildren½ Remaining portionof estate afterpaying legitimesWhole estatedivided by theratio of 2:1 foreach legitimatechild as comparedto the illegitimatechildIllegitimatechildren½ share of @legitimate childLegitimes to bedivided by theratio of 2 for @legitimate child, 1for @ illegitimatechild1 for @illegitimate childprovided thatlegitimes wouldn’tbe impairedTOTAL Varies on no. ofchildrenVaries on no. ofchildren
One Legitimate Child, Illegitimate Child, and Surviving SpouseIntestate Heir S
HARE
A
S
L
EGITIME
S
HARE AS
F
REE
D
ISPOSAL
T
OTAL
I
NTESTATE
S
HARE
Legitimate child ½ Remainingportion of estateafter payingWhole estatedivided by theratio of 2 @
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Tables - Succession
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thank you so much for sharing your notes.
=)