Professional Documents
Culture Documents
53
SUCCESSION
SUCCESSION
A mode of acquisition by virtue
of which the property, rights and
obligations to the extent of the
value of the inheritance, of a
person are transmitted through
his death to another or others
either by his will or by operation
of law. (Art. 774)
NOTE:
The distinctions between
heirs and devisees/legatees are
significant in these cases:
1. Preterition (pretermission)
2. Imperfect disinheritance
3. After-acquired properties
4. Acceptance
or
nonrepudiation
of
the
successional rights.
Kinds:
1. Testamentary or Testacy (by will);
2. Legal or intestacy (by operation of
law based on the decedents
presumed will);
3. Mixed (Partly Testamentary and
Legal); and
4. Partition inter vivos (to a certain
degree).
Elements:
1. DECEDENT (subjective element)
2. SUCCESSORS (subjective element)
a. Heirs - those who are called to
the whole or to an aliquot
portion of the inheritance either
by will or by operation of law
1) Voluntary those instituted
by the testator in his will, to
succeed to the inheritance
or the portion thereof of
which the testator can freely
dispose.
2) Compulsory or Forced those
who succeed by force of law
to some portion of the
inheritance, in an amount
predetermined
by
law,
known as the legitime.
3) Legal or Intestate those
who succeed to the estate of
the decedent who dies
without a valid will, or to
the portion of such estate
not disposed of by will.
b. Devisees or legatees - persons to
whom gifts of real or personal
property are respectively given
by virtue of a will
INHERITANCE
Refers
to
the
universality
or
entirety of the
property,
rights
and obligations of
a person who died
Inheritance includes:
1. PROPERTY,
RIGHTS
AND
OBLIGATIONS NOT EXTINGUISHED BY
DEATH
General rules on rights and
obligations extinguished by his
death
a) Rights which are purely personal
are by their nature and purpose
intransmissible for they are
extinguished by death (e.g.
those
relating
to
civil
personality,
family
rights,
discharge of office).
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I. TESTAMENTARY SUCCESSION
A. CONCEPT
WILL - 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 (Art. 783)
NOTE: Thus, a document that does not
purport to dispose of ones estate either
by the institution of heirs or designation
of devisees/legatees or, indirectly, by
effecting a disinheritance, is not to be
governed by the law on testamentary
succession but by some other applicable
laws.
Kinds of Wills:
1. Notarial or ordinary
2. Holographic
Characteristics of a Will:
1. UNILATERAL
2. STRICTLY PERSONAL ACT - The
disposition of property is solely
dependent upon the testator.
NOTE: The following acts MAY NOT be
left to the discretion of a third person:
(Article 785, 787 Civil Code)
duration or efficacy of the designation of
heirs, devisees or legatees;
determination of the portions which they
are to take, when referred to by
name; and
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Requisites:
1. At least 18 years of age
2. Of sound mind, i.e., the ability to
know:
a. the nature of the estate to be
disposed of;
b. the proper objects of his bounty;
and
c. the
character
of
the
testamentary act.
NOTE: The law presumes that the
testator is of sound mind, UNLESS:
a. he, one month or less, before making
his will, was publicly known to be
insane; or
b. was under guardianship at the time of
making his will. (Torres and Lopez de
Bueno vs. Lopez 48 Phil 772)
In both cases, the burden of proving
sanity is cast upon proponents of the
will.
Effect of Certain Infirmities:
1. mere senility or infirmity of old age
does not necessarily imply that a
person lacks testamentary capacity;
2. physical infirmity or disease is not
inconsistent
with
testamentary
capacity;
3. persons suffering from idiocy (those
congenitally deficient in intellect),
imbecility (those who are mentally
deficient as a result of disease), and
senile dementia (peculiar decay of
the mental faculties whereby the
person afflicted is reduced to second
childhood) do not possess the
necessary mental capacity to make a
will;
4. an insane delusion which will render
one incapable of making a will may
be defined as a belief in things which
do not exist, and which no rational
mind would believe to exist;
5. if the insane delusion touches to
subject
matter
of
the
will,
testamentary disposition is void.
6. a deaf-mute and blind person can
make a will (i.e. Art. 807-808). A
blind man with a sound and disposing
mind can make a holographic will.
7. an intoxicated person or person
under the influence of drugs may
make a will as there is no complete
loss of understanding.
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SUBSCRIPTION
1. an act of the
senses
2. mental act
3. purpose is to
render available
proof during
probate of will
1. an act of the
hand
2. mechanical act
3. purpose is
identification
Written
correlatively in letters placed on the
upper part of each page;
NOTE: This is not necessary when all of
the dispositive parts of a will are written
on one sheet only.
e. ACKNOWLEDGMENT Done before a
notary public by the testator and the
instrumental witnesses.
NOTE: The notary public before whom
the will was acknowledged cannot be
considered as the third instrumental
witness since he cannot acknowledge
before himself his having signed the will.
If the third witness were the notary
public himself, he would have to avow,
assent, or admit his having signed the
will in front of himself. To allow such
would have the effect of having only two
attesting witnesses to the will which
would be in contravention of Arts. 805
and 806. (Cruz vs. Villasor 54 SCRA 31)
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ADDITIONAL
REQUIREMENTS
FOR
SPECIAL CASES
1. Deaf or deaf-mute testator:
a) personal reading of the will, if
able to do so; OR
b) if not possible, designation of 2
persons to read the will and
communicate to him, in some
practicable
manner,
the
contents thereof. (Article 807)
2. Blind testator:
Double-reading requirement:
a. first, by one of the subscribing
witnesses, AND
b. second, by the notary public
before whom the will is
acknowledged. (Article 808)
Art. 808 applies not only to blind
testators but also to those who, for
one reason or another are incapable
of reading their wills (e.g. poor,
defective or blurred vision).
In a case where the testator did not
read the final draft of the will, but
the lawyer who drafted the
document, read the same aloud in
the presence of the testator, 3
witnesses, and notary public, the
Court
held
that
the
formal
imperfections should be brushed
aside when the spirit behind the law
was served though the letter was
not. (Alvarado vs. Gaviola 226 SCRA
347)
WITNESS TO NOTARIAL WILLS
(ARTS. 820 & 821)
Requirements:
1. of sound mind;
2. able to read and write;
3. not blind, deaf or dumb;
4. at least 18 years of age;
5. domiciled in the Philippines;
6. has not been convicted of
falsification of a document, perjury,
or false testimony
NOTE: A witness need not know the
contents of the will, and need not be
shown to have had a good standing in the
community where he lives. Also, the
acknowledging notary public cannot be
one of the 3 minimum numbers of
witnesses.
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60
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AND
REVOCATION
An act of the mind, terminating the
potential capacity of the will to
operate at the death of the testator,
manifested by some outward or
visible act or sign, symbolic thereof.
Such right to revoke a will cannot be
waived or restricted.
LAWS WHICH GOVERN REVOCATION
(ART 829)
1. If the revocation takes place in the
Philippines, whether the testator is
domiciled in the Philippines or in
some other country, it is valid when
it is in accordance with the laws of
the Philippines
2. If the revocation takes place outside
the Philippines, by a testator who is
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NOTES:
To republish a will void as to its
form, all the dispositions must be
reproduced or copied in the new or
subsequent will;
To republish a will valid as to its
form but already revoked the
execution of a codicil which makes
reference to the revoked will is
sufficient.
PROBATE
A special proceeding mandatorily
required for the purpose of
establishing the validity of a will.
The statute of limitations is not
applicable to probate of wills.
REVIVAL
1. Takes place by
an act of the
testator
1. Takes place by
operation of law.
2. Corrects extrinsic
and
intrinsic
defects.
2.
Restores
revoked will
GENERAL
RULE:
In
probate
proceeding, the courts area of inquiry is
limited to an examination of, and
resolution on the extrinsic validity if the
will, the due execution thereof, the
testatrixs testamentary capacity and
the compliance with the requisites or
solemnities prescribed by law.
The
probate court cannot inquire into the
intrinsic
validity
of
testamentary
provisions.
REVIVAL
The restoration to validity of a will
previously revoked by operation of
law (implied revocation).
PRINCIPLE OF INSTANTER
The express revocation of the first
will renders it void because the
revocatory clause of the second will,
not being testamentary in character,
operates to revoke the previous will
instantly upon the execution of the
will containing it.
NOTE: In implied revocation, the first
will is not instantly revoked by the
second will because the inconsistent
testamentary dispositions of the latter
do not take effect immediately but only
after the death of the testator.
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NOTES:
Criminal action will not lie against
the forger of a will which had been
duly admitted to probate by a court
of competent jurisdiction. (Mercado
vs. Santos 66 Phil. 215)
The fact that the will has been
allowed without opposition and the
order allowing the same has become
final and executory is not a bar to
the presentation of a codicil,
provided it complies with all the
formalities for executing a will. It is
not necessary that the will and
codicil be probated together as the
codicil may be concealed by an
interested party.
They may be
probated one after the other.
(Macam vs. Gatmaitan 60 Phil 358)
When a will is declared void because
it has not been executed in
accordance with the formalities
required by law, but one of the
intestate heirs, after the settlement
of the debts of the deceased, pays a
legacy in compliance with a clause in
the defective will, the payment is
effective and irrevocable (Article
1430, NCC; Natural Obligations).
Grounds for Disallowance of a Will (ART
839)
1. Formalities required by law have not
been complied with;
2. Testator was insane, or otherwise
incapable of making a will, at the
time of its execution;
3. Will was executed through force or
under duress, or the influence of
fear, or threats;
4. Will was procured by undue and
improper pressure and influence, on
the part of the beneficiary or of
some other person;
5. Signature of the testator was
procured by fraud;
6. Testator acted by mistake or did not
intend that the instrument he signed
should be his will at the time of
affixing his signature thereto.
NOTE: GROUNDS ARE EXCLUSIVE.
DISALLOWANCE
1. voluntary act of
the testator.
1. given by judicial
decree.
2. with or without
cause.
2. must always be
for a legal cause.
3. may be partial or
total.
3. always total
except: when the
ground of fraud or
influence
for
example
affects
only
certain
portions of the
will.
I. INSTITUTION OF HEIRS
(ARTS. 840-856)
INSTITUTION
An act by virtue of which a testator
designates in his will the person or
persons who are to succeed him in
his property and transmissible rights
and obligations. (Art 840)
The proper test in order to
determine the validity of an
institution of heir is the possibility of
finally ascertaining the identity of
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PRESUMPTIONS
1. Presumption of Equality Heirs
instituted without designation of
shares shall inherit in equal parts.
This is limited only to the case
where all of the heirs are of the
same class or juridical condition, and
where there are compulsory heirs
among the heirs instituted, it should
be applied only to the disposable
free portion.
2. Presumption of Individuality When
the testator institutes some heirs
individually and others collectively,
those collectively designated shall
be
considered
as
individually
instituted, unless it clearly appears
that the intention of the testator
was otherwise.
3. Presumption of Simultaneity when
the testator calls to the succession a
person and his children, they are all
deemed to have been instituted
simultaneously and not successively.
Where
the
one-sentence
will
institutes the petitioner as the sole,
universal heir and preterits the
parents of the testatrix, and it
contains no specific legacies or
bequests, such universal institution
of petitioner, by itself, is void.
Intestate succession ensues. (Nuguid
vs. Nuguid, et al. 17 SCRA 449)
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NOTE:
In case of omission without
preterition, the rule in Art. 855 should
be followed. The suggested alternate
phrasing of Dr. Tolentino to the said
article is: The share of the compulsory
heir omitted in a will must be first
taken from the part of the estate not
disposed of by the will, if any; if that is
not sufficient, so much as may be
necessary must be taken proportionally
from the shares of the heirs given to
them by will.
PRETERITION
DISINHERITANCE
1. deprivation of a
compulsory heir of
his legitime is tacit
1. deprivation of a
compulsory heir of
his
legitime
is
express.
2. may be voluntary
but
the
law
presumes that it is
involuntary
2.
voluntary.
3. law presumes
that there has been
merely an oversight
or mistake on the
part of the testator.
3. done with
legal cause.
4. if disinheritance
is
not
lawful,
compulsory heir is
merely restored to
his legitime.
always
J. SUBSTITUTION OF HEIRS
(ARTS 857-870)
SUBSTITUTION
The act by which the testator
designates the person or persons to
take the place of the heir or heirs
first instituted (Tolentino). It may be
considered as a subsidiary and
conditional institution.
Kinds:
1. Simple or Common (that which
takes place when the testator
designates one or more persons to
substitute the heirs/s instituted in
case such heir/s should die before
him, or should not wish, or should be
incapacitated
to
accept
the
inheritance)
2. Brief or Compendious: brief (there
are two or more persons designated
by the testator to substitute for only
one heir), compendious (one heir is
designated to take the place of two
or more heirs)
Instances when substitution
takes place:
a. instituted heir predeceases the
testator;
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e. Substitution
must
be
made
expressly.
A fideicommissary substitution is
void if the first heir is not related in
the 1st degree to the second heir
(Ramirez vs. Vda. De Ramirez 111
SCRA 704)
K.
CONDITIONAL,
MODAL
TESTAMENTARY DISPOSITIONS, AND
TESTAMENTARY DISPOSITIONS WITH A
TERM (ART 871-885)
LIMITATIONS:
1. The testator cannot impose any
charge,
burden,
encumbrance,
condition, or substitution whatsoever
upon the legitime of compulsory
heirs.
2. Impossible conditions and those
contrary to law or good customs are
presumed to have been imposed
erroneously or through oversight,
thus, are considered as not imposed.
3. An absolute condition not to
contract a first marriage is always
void and will be considered as not
written.
4. An absolute condition not to
contract a subsequent marriage is
generally void, unless imposed upon
a widow or widower by the deceased
spouse or by the latters ascendants
or descendants. Even so, however,
the legitime of the surviving spouse
cannot be impaired.
An absolute condition not to
contract marriage when validly
imposed is resolutory in character.
Consequently,
if
the
testator
institutes his wife as heir subject to
the condition that she will never
marry again, she immediately
acquires a right to the inheritance
upon the death of testator, but if
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those
who
have
precedence over and exclude other
CH. E.g. LCD.
2. Secondary those who succeed only
in the absence of the primary CH.
E.g. LPA or IP.
3. Concurring those who succeed
together with the primary or
secondary CH. E.g. ICD and SS.
If the testator is
a LEGITIMATE
person
If the testator is
an ILLEGITIMATE
person
1.
Legitimate
children
and
descendants
(LCD)
1.
Legitimate
children and
descendants
(LCD)
2.
In default of
the foregoing,
legitimate
parents
and
ascendants
(LPA)
2.
Illegitimate
children and
descendants
(ICD)
3.
Surviving
spouse (SS)
3.
In default of
the foregoing,
illegitimate
parents only
(IP)
4.
Illegitimate
children
and
descendants
(ICD)
4.
Surviving
spouse (SS)
NOTES:
See Sections 17 & 18 of R.A. 8552.
By force of the Family Code,
adopted children are deemed
legitimate children of the adopters.
By force of the Family Code, IC
without distinction and so long as
their filiation is duly established or
proved in accordance with law, are
each entitled to 1/2 of the legitime
of a LC, thus abrogating the 5:4 ratio
between
natural
and
nonnatural IC.
RULES:
1. Direct descending line
a. Rule of preference between lines
b. Rule of proximity
c. Right of representation ad
infinitum in case of predecease,
incapacity, or disinheritance (LC:
LD only; IC: both LD and ID)
d. If all the LC repudiate their
legitime, the next generation of
LD succeed in their own right
2. Direct ascending line
a. Rule of division by lines
b. Rule of equal division
3. Non-impairment of legitime
TABLE OF LEGITIMES
SURVIVOR
LEGITIME
LC
1 LC
SS
2 or more
NOTES
Divide by the
#
of
LC,
whether they
survive alone
or
with
concurring
CH.
70
LC
SS
equal to 1
LC
LC
IC
of 1 LC
LC
SS
IC
of 1 LC
All
the
concurring CH
get from the
half
free
portion, the
share of the
SS
having
preference
over that of
the IC, whose
share
may
suffer
reduction pro
rata because
there is no
preference
among
themselves.
LPA
Whether they
survive alone
or
with
concurring
CH.
LPA
IC
IC succeed in
the
in
equal shares.
LPA
SS
LPA
SS
IC
1/8
IC
SS
IC
1/3
1/3
SS
IP
Divide equally
among the IC.
1/3
if
marriage is in
articulo
mortis
and
deceased
spouse
dies
within 3 mos.
after
the
marriage.
IP
Any child
-excludedIt depends
Children
inherit in the
amounts
established in
the foregoing
rules.
IP
SS
Only
the
parents are of
IC
are
included.
Grandparents
and
other
ascendants
are excluded.
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expentancy
to
the
reservable
property during pendency of the
reserve in its uncertain and
conditional form. If he dies before
the
reservista,
he
has
not
transmitted anything, but if he
survives
such
reservista,
the
transmission shall become effective.
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IMPERFECT
DISINHERITANCE
PRETERITION
1.
The
person
disinherited may be
any compulsory heir
1.
The
person
omitted must be a
compulsory heir in
the direct line
2. Always express
2. Always implied
3.Always intentional
3.
May
intentional
unintentional
4. Effect: Partial
annulment
of
institution of heirs
4. Effect: Total
annulment
of
institution of heirs
be
or
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2. Parents/Ascendants:
a. When
the
parents
have
abandoned their children or
induced their daughters to live a
corrupt or immoral life, or
attempted against their virtue;
b. When the parent/ascendant has
been convicted of adultery or
concubinage with the spouse of
the testator;
c. Loss of parental authority for
causes specified in the Code; and
d. Attempt by one of the parents
against the life of the other,
unless
there
has
been
reconciliation between them.
3. Spouse:
a. When the spouse has given
cause for legal separation; When
the spouse has given grounds for
the loss of parental authority.
Revocation of Disinheritance:
1. Reconciliation;
2. Subsequent
institution
of
the
disinherited heir; and
3. Nullity of the will which contains the
disinheritance.
NOTE: Once disinheritance has been
revoked or rendered ineffectual, it
cannot be renewed except for causes
subsequent to the revocation or based
on new grounds.
RECONCILIATION
It is the resumption of genuine
cordial relationship between the
testator and the disinherited heir,
approximating that which prevailed
before the testator learned of the
cause for disinheritance, reciprocally
manifested
by
their
actions
subsequent
to
the
act
of
disinheritance.
A subsequent reconciliation between
the offender and the offended
person deprives the latter of the
right to disinherit, and renders
ineffectual any disinheritance that
may have been made. (Art. 922)
NOTES:
Mere civility which may characterize
their relationship, a conduct that is
naturally expected of every decent
person, is not enough.
In order to be effective, the testator
must pardon the disinherited heir.
Such pardon must specifically refer
to the heir and to the acts causing
the disinheritance. The heir must
accept the pardon.
No particular form is required. It
may be made expressly or tacitly.
NOTE:
Where
the
cause
for
disinheritance is likewise a ground for
unworthiness to succeed, what is the
effect of a subsequent reconciliation
upon the heirs capacity to succeed?
1. If disinheritance has been made:
Rule on reconciliation applies. The
disinheritance becomes ineffective.
2. If disinheritance has not been made:
Rule on reconciliation does not
apply. The heir continues to be
incapacitated to succeed unless
pardoned by the testator under Art.
1033.
The
law
effects
the
disinheritance.
N. LEGACIES AND DEVISES (ARTS. 924
959)
Persons charged with legacies and
devises:
(1) compulsory heir;
(2) voluntary heir;
(3) legatee or devisee;
(4) estate
NOTES:
If the will is silent with regard to the
person who shall pay or deliver the
legacy/devise,
there
is
a
presumption that such legacy or
devise constitutes a charge against
the decedents estate.
Since legacies and devises are to be
taken from the disposable free
portion of the estate, thus, the
provisions on institution of heirs are
generally applicable to them.
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EFFECT ON THE
LEGACY/DEVISE
Effective
Revoked
3. Belonging to the
testator at the time of
the execution of the
will but alienated in
favor
of
the
legatee/devisee
gratuitously
No
revocation.
There is a clear
intention
to
comply
with
legacy or devise.
4. Belonging to the
testator at the time of
the execution of the
will but alienated in
favor of the legatee or
devisee onerously
Legatee/devisee
can
demand
reimbursement
from the heir or
estate
Effective
Void
Effective
Ineffective
9. Already belonged to
the legatee or devisee
at the time of
the
execution of the will
even though it may
have
been
subsequently alienated
by him
Ineffective
10.Testator
had
knowledge that the
thing
bequeathed
belonged to a third
person
and
the
legatee/devisee
acquired the property
gratuitously after the
execution of the will
Legatee/devisee
can claim nothing
by virtue of the
legacy/devise
11.Testator
had
knowledge that the
thing
bequeathed
belonged to a third
person
and
the
legatee/devisee
acquired the property
by onerous title
Legatee/devisee
can
demand
reimbursement
from the heir or
estate
ART. 911
ART. 950
Order of
preference:
(LIPO)
Order of preference:
(RPSESO)
1. Legitime of
compulsory
heirs
2. Donations inter
vivos
3. Preferential
legacies or
devices
4. All other
legacies or
devices pro
rata
1.
Remuneratory
L/D
2. Preferential L/D
3. L for support
4. L for education
5. L/D of a specific,
determinate thing
which forms a part
of the estate
All others pro rata
Application:
Application:
(1)
When
the
reduction
is
necessary
to
preserve
the
legitime
of
compulsory heirs
from impairment
whether there are
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donations
inter
vivos or not; or
(2)
When,
although,
the
legitime has been
preserved by the
testator
himself
there
are
donations
inter
vivos.
NOTES:
In case of reduction in the above
cases, the inverse order of payment
should be followed.
GROUNDS
FOR
REVOCATION
OF
LEGACIES AND DEVISES (ART 957)
1. Testator transforms the thing
bequeathed in such a manner that it
does not retain either the form or
the denomination it had.
2. Testator by any title or for any cause
alienates the thing bequeathed, or
any part thereof, it being understood
that in the latter case the legacy or
devise shall be without effect only
with respect to the part alienated.
Except: when the thing should again
belong to the testator after
alienation.
3. Thing bequeathed is totally lost
during the lifetime of the testator,
or after his death without the heirs
fault
4. Other causes: nullity of the will;
noncompliance
with
suspensive
conditions affecting the bequests;
sale of the thing to pay the debts of
the deceased during the settlement
of his estate.
NOTE: LIST IS NOT EXCLUSIVE
II.
LEGAL
SUCCESSION
OR
INTESTATE
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2.
3.
4.
5.
78
or descendants; representation
covers only the legitime.
d) A legatee/devisee who died
after the death of the testator
may be represented by his heirs.
2. Intestate Succession
a) When a legal heir in the direct
descending line had predeceased
the decedent and was survived
by his children or descendants.
b)
When a legal heir in the direct
descending line is excluded from
the inheritance due to incapacity
or unworthiness and he has
children or descendants.
c) When brothers or sisters had
predeceased the decedent and
they
had
children
or
descendants.
d)
When illegitimate children
represent
their
illegitimate
parents who already died in the
estate of their grandparents.
e) When nephews and nieces inherit
together with their uncles and
aunts in representation of their
deceased parents who are the
brothers or sisters of said uncles
and aunts.
D. INTESTATE OR LEGAL HEIRS
Those who are called by law to the
succession either in the absence of a
will or of qualified heirs, and who
are deemed called based on the
presumed will of the decedent.
REGULAR ORDER OF SUCCESSION
(Decedent is a legitimate person):
1. Legitimate children or descendants
(LCD)
2. Legitimate parents or ascendants
(LPA)
3. Illegitimate children or descendants
(ICD)
4. Surviving spouse (SS)
5. Brothers and sisters, nephews and
nieces (BS/NN)
6. Other collateral relatives within the
5th degree (C5)
7. State
2 or more LC
SS
IC
INTESTATE SHARE
Entire estate
1/2
1/2
(Diongson vs. Cinco, 74
SCRA 118)
Consider SS as 1 LC,
then divide estate by
total number.
1/2
1/2
1/2
1/4
1/4
1/2
1/2
(The law is silent. Apply
concurrence theory.)
1/2
1/2
First, satisfy legitimes.
Estate
would
be
insufficient. Reduction
must be made according
to
the
rules
on
legitimes. The legitimes
of LCD and SS shall
always be first satisfied
in preference to the ICD.
First, satisfy legitimes.
There would be an
excess in the estate.
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2. LPA/IP
AP
SS
3. LPA
AP
ICD
4. LPA
AP
SS
ICD
1/3
1/3
1/3
6.
7.
8.
9.
III.
MIXED SUCCESSION
PARTIAL INTESTACY
OR
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IV.
PROVISIONS
COMMON
TO
TESTAMENTARY
AND
INTESTATE
SUCCESSIONS
A. RIGHT OF ACCRETION (A)
(ARTS 1015 1023)
A right by virtue of which, when two
or more persons are called to the
same inheritance, devise or legacy,
the part assigned to one who
renounce or cannot receive his
share, or who died before testator,
is added or incorporated to that of
his co-heirs, co-devisees, or colegatees.
A right based on the presumed will
of the deceased that he prefers to
give certain properties to certain
individuals, rather than to his legal
heirs.
Requisites:
1. 2 or more persons must have been
called to the same inheritance,
legacy or devise, or to the same
portion thereof, pro indiviso; and
2. there must be a vacancy in the
inheritance,
legacy
or
devise
(caused by predecease, incapacity,
repudiation,
nonfulfillment
of
suspensive condition or void or
ineffective
testamentary
dispositions.)
EFFECTS of PREDECEASE, INCAPACITY,
DISINHERITANCE, or REPUDIATION in
both TESTAMENTARY and INTESTATE
SUCCESSION
CAUSE OF
VACANCY
Predecease
Incapacity
Disinheritance
Repudiation
TESTAMENTARY
SUCCESSION
Legitime
Free
Portion
1. RR
1. A
2. IS
2. IS
1. RR
1. A
2. IS
2. IS
1. RR
_
2. IS
IS
A
INTESTATE
SUCCESSION
(IS)
1. RR
2. IS
1. RR
2. IS
_
A
Summary:
(A) In testamentary succession:
(1) Legitime:
(a) In case of predecease of an
heir,
there
is
representation if there are
children or descendants; if
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1. effected when
testator makes a
will instituting the
unworthy heir with
knowledge of the
cause of incapacity
2. revoked when
the
testator
revokes the will or
the institution
the
the
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