SUCCESSION Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value

e of the inheritance, of a person are transmitted through his death to another of others either by will or by operation of law. Elements Of succession 1. mode of acquisition 2. transfer of property, rights and obligations to the extent of the value of the inheritance of a person (grantor or transferor, decedent, testator, or intestate) 3. transfer thru death 4. transmission to another(grantee, or transferee, heir, legatee or devisee 5. by will or by operation of law What is Transmitted During succession 1. property 2. rights 3. obligation which are not extinguished by death What is Included in the Inheritance 1. property, rights and obligation at the time of death 2. those which have accrued thereto since the opening of the succession Succession occurs at the moment of death A. Actual death B. Presumed death 1. ordinary presumption (10 or 5 years) a. 10 years b. 5 years in case the person disappeared after the age of 75 2. extraordinary presumption (4 years) a. person on board a vessel lost at sea b. person in the armed forces who has taken part in war c. person under danger of death Transferees in Testamentary Succession 1. Heirs if they succeed by universal title, that is, to all or a fraction or aliquot part of the properties, right or obligation 2. Legatees if they succeed to particular personal properties 3. Devisees if they succeed to particular real properties Kinds of Succession

1. Testamentary 2. Legal or Intestate 3.Mixed 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. Characteristics of a Will 1. The making of a will is a statutory right. 2. It is a unilateral act. 3. It is a solemn or formal act. 4. There must be animus testandi. 5. The testator must be capacitated to make a will. 6. The will is strictly a personal act in all matters that are essential 7. It is effective mortis causa. 8. It is essentially revocable or ambulatory. 9. It is free from vitiated consent, that is, it must have been executed freely, knowingly, and voluntarily, otherwise it shall be disallowed. 10. It is an individual act. 11. It disposes the testators estate in accordance with his wishes (to a certain degree) Consequences of a Will Being a Strictly Personal Act 1. Making of a will cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or an attorney. 2. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to take, when referred to by name, cannot be left to the discretion of a third person. 3. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified class or causes, and also the designation of the persons, institutions or establishments to which such property or sums of money are to be given or applied. 4. The testator may not make a testamentary disposition in such a manner that another person has to determine whether or not it is operative. Rules of Construction and Interpretation

A. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. B. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention; and when the uncertainty arises from the face of the will, as to the application of any of its provisions, the testators intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. Kinds of Ambiguity 1. Latent or Intrinsic Ambiguity that which does not appear on the face of the will, and is only discovered by extrinsic evidence. (I institute my nephew, if there are many nephews) a. when there is an imperfect description of the heir b. when there is an imperfect description of the gift given c. when only one recipient is designated but it turns out that there are two or more which fit the description. 2. Patent or Extrinsic Ambiguity that which appears on the face of the will itself; by examining the provision itself, it is evident that it is not clear. (I hereby institute some of my nephews) How Cured 1. Latent of Intrinsic Ambiguity a. by examining the will itself b. by examining extrinsic evidence such as written declarations of the testator 2. Patent or Extrinsic Ambiguity a. by examining the will itself b. by examining extrinsic evidence such as written declarations of the testator (Rules of Construction and Interpretation, continued)

C. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense D. The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative; and of two modes of interpreting a will, that is to be preferred which will prevent intestacy. E. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. F. Property acquired after making of a will shall only pass thereby, as if the testator had possessed it at the time of the making of the will, should it be expressly appear by the will that such was his intention. G. Every devise or legacy shall convey all the interest which the testator could devise or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. Law Governing Formal Validity Art. 795 The validity of a will as to its form depends upon the observance of the law in force at the time it is made. General Rules on Validity A. Extrinsic Validity refers to the forms and solemnities needed 1. From the viewpoint of time what must be observed is the law in force at the time the will is made 2. From the viewpoint of place or country a. if the testator is a Filipino, he can observe Philippines laws or those of

the country where he executes the will b. if the testator is an alien who is abroad, he can follow the law of his domicile, or his nationality or Philippine laws or where he executes the will c. if the testator is an alien in the Philippines, he can follow the law of his nationality or the laws of the Philippines B. Intrinsic Validity refers to the legality of the provisions in an instrument, contract or will 1. From the viewpoint of time successional rights are governed by the law in force at the time of the decedents death 2. From the viewpoint of place or country the national law of the decedent regardless of the place of execution of the place of death Testamentary Power vs. Testamentary Capacity 1. Testamentary power is the statutory right to dispose of property by acts effective mortis causa while testamentary capacity is the right to make a will provided certain conditions are complied with; namely that the testator is not prohibited by law to make a will; that the testator is at least 18 years of age and that the testator must be of sound mind. 2. Testamentary power is the capacity to make a will or codicil while testamentary capacity is the capacity to receive by virtue of a will. 3. Testamentary capacity is the ability of one to make a will while testamentary power is the privilege granted by law to someone to make a will. Requisites of Testamentary Capacity 1. Must not be expressly prohibited by law to make a will. 2. At least 18 years of age 3. Sound mind at the time of the execution of the will Requisites of Soundness of Mind 1. the testator knows the nature of the estate to be disposed of 2. the testator knows the proper objects of his bounty 3. the testator knows the character of the testamentary act Art. 800

The law presumes that every person is of sound mind, in the absence of proof to the contrary. The burden of proof that the testator was not of sound mind at the time of the making of his dispositions is on the person who opposes the probate of the will; but if the testator, one month or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during his lucid interval. Art. 801 Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. Art. 802 A married woman may make a will without the consent of her husband, and without the authority of the court. Art. 803 A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community of property. Kinds of Wills According to Form 1. Ordinary or Notarial Will a will that requires among other things, an attestation clause, and acknowledgement before a notary public 2. Holograph or Holographic Will a will which is entirely written, dated and signed by the hand of the testator 3. Nuncupative Will wills orally made by the testator in contemplation of death, and before competent witnesses Note The New Civil Code does not recognize nuncupative wills Formalities of Ordinary or Notarial Will 1. The will must be in writing. 2. The will must be executed in a language or dialect known to the testator. 3. The will must be subscribed (signed) at the end thereof by the testator himself or by the testators name written by another person in his presence, and by his express direction. 4. The will must be attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. 5. The testator or the person requested by him to write his name, and the instrumental witnesses of the will shall sign each and every page thereof except the last, on the left margin.

6. All the pages shall be numbered correlatively in letters placed on the upper part of each page. 7. The attestation clause shall state: a. the number of pages used upon which the will is written. b. that the testator signed (or expressly caused another person to sign) the will and every page thereof in the presence of the instrumental witnesses. c. that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. 8. The will must be acknowledged before a notary public. Additional Requirements 1. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. 2. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged. Art. 809 In the absence of bad faith, forgery or fraud, or undue or improper pressure and influence, defects and imperfections in the form or attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of Art. 805. Qualifications of Witnesses to Notarial Wills 1. sound mind 2. be at least 18 years old 3. be able to read and write 4. not blind, deaf or dumb 5. domiciled in the Philippines 6. not have been convicted of falsification of a document, perjury, or false testimony Rule on Witness A witness to a notarial will cannot inherit unless there are at least three other witnesses to the will. The will remains to be valid. Holographic Will - one entirely written, dated, and signed by the hand of the testator

Formalities of a Holographic Will 1. The language must be known to the testator. 2. The will must be written in the hand of the testator himself. 3. The will must be dated. 4. The will must be signed by the testator himself. 5. There must be animus testandi. 6. It must be executed at the time holographic wills are allowed Probate of Holographic Wills Probate the allowance of a will by the court after its due execution has been proved Proof of the identity of the signature and handwriting of the testator is important, otherwise the will cannot be valid. Probate of Holographic Wills 1. Uncontested - at least one identifying witness is required to avoid the possibility of fraud; if no witness is available, experts may be resorted to 2. Contested at least three identifying witnesses should be required. If none are available, experts may be called upon Joint Wills those which contain in one instrument the will of two or more persons jointly signed by them. Reciprocal or Mutual Will those that provide that the survivor of the testators will succeed to all or some of the properties of the decedent. Joint will, whether reciprocal or not, a void. Mutual or reciprocal wills if made in different instruments are valid, but if made in one instrument, they are void, not because they are reciprocal, but because they are joint Reasons why Joint Wills are Void 1. to allow as much as possible secrecy, a will being purely a personal act 2. to prevent undue influence by the more aggressive testator on the other 3. in case of death of the testator at different times, probate would be other 4. it militates against the right of a testator to revoke the will any time 5. in case of a husband and wife, one might be tempted to kill the other

Codicil is a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered In case of conflict between a will and a codicil, the latter should prevail. Formalities of Codicils same as that of wills Incorporation By Reference when the testator wishes to incorporate into his will certain document or papers without copying the entire thing Requisites for Validity of Documents Incorporated by Reference 1. The document or paper referred to in the will must be in existence at the time of the execution of the will. 2. The will must clearly describe and identify the same, stating among other things the number of pages thereof. 3. It must be identified by clear and satisfactory proof as the document referred to therein 4. It must be signed by the testator and witnesses on each and every page, except in case of voluminous books of accounts or inventories. Art. 828 A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is void. Consequences of Revocability of Wills 1. Until the death of the testator, a will is ambulatory and revocable, since after all the will concerns a disposition of properties and rights effective after death. 2. The heirs do not acquire any vested right to the disposition in a will till after the testators death. 3. Provisions in a will which are ordered to be effected immediately , even during the testators lifetime, are all right, provided the proper formalities and requisites are present, but they are not really testamentary disposition. Conflicts Rules for Revocation of Wills A. For revocation done outside of the Philippines 1. If not domiciled in the Philippines a. Follow the law of the place where the will is made b. or follow the law of the place where the testator was domiciled at the time 2. If domiciled in the Philippines

a. follow law of the Philippines b. follow the general rule of lex loci celebrationis of the revocation B. If revocation is in the Philippines, follow Philippine law Kinds of Revocation 1. by implication or operation of law 2. by virtue of an overt act 3. by virtue of a revoking will or codicil Revocation by Implication of Law the kind of revocation produced by operation of law when certain acts or events take place after a will has been made, rendering void or useless either the whole will or certain testamentary dispositions therein Instances of Revocation by Implication of Law 1. When after the testator has made a will, he sells or donates the legacy or devise. 2. Provisions in a will in favor of one spouse who has given cause for legal separation shall be revoked by operation of law the moment a decree of legal separation is granted. 3. When an heir, legatee, or devisee commits an act of unworthiness under Art. 1032. 4. When a credit that had been given as a legacy is judicially demanded by the testator. 5. When one, some or all of the compulsory heirs have been preterited or omitted, the institution of heir is void. Revocation by Implication of law May Be Done By 1. burning 2. tearing 3. cancelling 4. obliterating Requisites 1. There must be an overt act specified by law. 2. There must be completion at least of the subjective phase of the overt act. 3. There must be animus revocandi or intent to revoke. 4. The testator at the time of revoking must have capacity to make a will. 5. The revocation must be done by the testator himself, or by some other person in his presence and by his express direction. Revocation by the Execution of Another Will or Codicil

 the revoking will or codicil must be valid. SUCCESSION Doctrine of Dependent Relative Revocation the revocation by destruction or overt act was good only if this condition is fulfilled, namely, that the revoking will was valid. If the revoking will is invalid, the revocation by overt act did not materialize. Probate of Lost or Destroyed Notarial Wills if a notarial will has been lost or destroyed without intent to revoke, its contents may nevertheless still be proved by: 1. oral or parol evidence 2. carbon or machine copy Art. 832 A revocation made in a subsequent will shall take effect, even of the new will should become inoperative by reason of incapacity of the heirs, devisees or legatees designated therein, or by their renunciation. An invalid revoking will cannot revoke, but a valid though ineffective will can revoke. Art. 833 A revocation of a will based on a false cause or an illegal cause is null and void. Art. 834 The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked Republication it is the process of reestablishing a will, which has become useless because it was void, or has been revoked. How Republication is made 1. re-execution of the original will (original provisions are recopied) 2. execution of a codicil Requisites of Republication 1. To republish a will void as to its form, all the dispositions must be reproduced or copied in the new or subsequent will. 2. 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. Effects Codicil of Publication by Virtue of a

1. The codicil revives the previous will. 2. The old will is republished as of the date of the codicil. 3. A will republished by a codicil is governed by a statute enacted subsequent to the execution of the will, but which was operative when the codicil was executed. Revival the restoration or reestablishment of revoked will or revoked provisions thereof, to effectiveness, by virtue of legal provisions. Republication vs. Revival Republication is an act of the testator, while revival is one that takes place by operation of law. Doctrine of Instanter the revocation of a second will (which expressly revoked the first will) does not revive the first will; the revocatory clause of the second will took effect immediately or at the instant the revoking will was made. (Second Part of PPT) Probate of a Will Probate the act of proving before a competent court the due execution of a will by a person possessed of testamentary well as approval thereof by said court. Importance or Need for Probate 1. It is essential because under the law no will shall pass either real or personal property unless it is proved and allowed in accordance, with the Rules of Court. 2. A provision in a will that provides that the will shall not be presented for probate is void. 3. The heirs concerned may extrajudicially agree to partition the property among them. Two Kinds of Probate 1. Probate during the testators lifetime 2. Probate after the testators death Procedure for Ante Mortem Probate 1. Testator himself petitions the competent court for the probate of his will. 2. He then follow the procedure for the post mortem of ordinary probate Two Parts of Post-Mortem Probate

1. The probate proper this deals with extrinsic validity 2. The inquiry into intrinsic validity and the distribution itself of the property Probate proper determines whether or not the testator was possessed of a sound mind, whether or not he freely executed the will, and whether or not the will had been executed in accordance with legal formalities. Effect of Probate as long as there has been final judgment by a court of competent jurisdiction , and the petition for filing a petition for relief has expired without such petition having been submitted, the probate proper (or allowance) of the will is binding upon the whole world insofar as testamentary capacity (at least 18 years of age and of sound mind) and due execution (including all formalities and absence any ground for disallowance) are concerned Proper Court The RTC of the province 1. where testator has real estate (in case of non-resident) 2. where testator has resided at the time of his death X was domiciled in Iligan City, but his actual residence is in Cagayan de Oro City. If X died and left a will, what is the proper venue of his estate proceedings? Cagayan de Oro City. In a will, a husband appointed his friend as the guardian of his childrens properties. In the probate proper, may the judge pass upon the validity of the appointment? No, for this does not concern the extrinsic validity of the will. In a dispute between an estate and one of the heirs concerning the ownership of a piece of land, can the probate court decide the question of ownership? No. Another litigation is needed to decide the issue of ownership. Exceptions When the parties voluntarily submit the matter of ownership to the probate court When the issue of ownership is provisionally passed upon to determine

whether or not the property involved is part of the estate Contents of Petition for Post Mortem Probate 1.The fact that the testator is dead, and the place and time of said date; 2. The fact that deceased left a will, copy of which has to be attached to the petition; 3. The fact that the will was executed in accordance with legal requirements; 4. Name, ages, addresses of the executor and all interested parties or heirs; 5. The probable value and character of the property of the estate; 6. The name of the individual whose appointment as executor is being asked for; 7. If the will has not been delivered to the court, the name of the person who is supposed to have the will in his custody. Nota Bene There is no prescriptive period for instituting probate proceedings. Requirements Before Distribution of Properties 1. There must be a decree of partition allocating each property to each heir 2. Payment of the estate tax 3. Distribution of shares Grounds For Denying Probate 1. If the formalities required by law have not been complied with; 2. If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; 3. If it was executed through force or under duress, or the influence of fear, or threat; 4. If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; 5. If the signature of the testator was procured by fraud; 6. If the 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. Institution of Heir 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.

Requisites for a Valid Institution 1. The will must be extrinsically valid. a. testator must be capacitated b. formalities must be observed c. there must be no vitiated consent d. the will must have been duly probated e. the will must have been the personal act of the testator 2. The institution must be valid intrinsically. a. the legitime must not be impaired b. the heir must be certain or ascertainable c. there should be no preterition 3. The institution must be effective. a. no predecease b. no repudiation by the heir c. no incapacity of the heir Rules for Freedom of Disposition of Estate A. If one has no compulsory heirs 1. he can give his estate or any portion thereof to anybody qualified to inherit from him 2. but he must respect the restrictions imposed by special laws. B. If one has compulsory heirs 1. he must respect the legitimes 2. the free portion can be given to anybody Preterition or pretermission is the omission, whether intentional or not, of a compulsory heir in the inheritance of a person. Requisites of Preterition 1. There is total omission in the inheritance. 2. The omission must be of a compulsory heir 3. The compulsory heir omitted must be in the direct line Effects of Preterition 1. The institution of heirs is annulled automatically. 2. The legacies and devises shall remain insofar as they are not officious. Rules In Computation of Shares of the Instituted Heirs 1. Heirs instituted without designation shall inherit in equal parts. 2. When the testator institutes some heirs individually and others collectively as when he says I designate as my heirs A and B, and the children of C, those

collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. Rules In Computation of Shares of the Instituted Heirs 3. If the testator should institute his brothers and sisters, and he has some of full blood and others half blood, the inheritance shall be distributed equally, unless a different intention appears. 4. When the testator calls to the succession a person and his children, they are deemed to have been instituted simultaneously and not successively. Pedro instituted his son S, B and C, to an estate of P300,000. How much will each receive? S P200,000 (P150,000 + P50,000) B P50,000 C P50,000 X instituted A, B, , and C (all voluntary heirs) in his will, but A is given specifically a share of only. If the estate is P200,000, how much will each receive? A P50,000 B P750,00 C P75,000 The will of X contains the following clause I institute as my heirs A, B, and the three children of C to my estate of 500,000. How will the estate be distributed? Each heir will receive P100,000. The will of X contains the following clause I institute as my heirs A, B, and my three children to my estate of 600,000. How will the estate be distributed? Each child of X will get P160,000 (P100,000 legitime + P60,000 as instituted heir). A and B will each get P60,000. I hereby institute the following persons to my estate of P1,500,000: A my full-brother B my half-brother C my step-brother D my brother-in law E my illegitimate brother. How much will each heir receive? Each will get P300,000. X instituted A, B, and C as heirs to his estate valued at P600,000. He however, specifically provided that his

iPhone valued at P40,000 should go to A and his laptop valued at P30,000 should go to B. How much will each heir receive? A iPhone + P160,000 B laptop + P170,000 C P200,000 X instituted Y and his (Ys) children to an estate of P300,000. How will the estate be distributed? Each will get P100,000. I hereby institute my student X as my heir for having topped the 2010 bar exam. If X was not the topnotcher, would he still inherit? Yes, because the false cause or reason is considered as not written I hereby institute ay my only heirs A, B and C, each one to get of my estate of P1,200,000.How will the estate be distributed? Each heir will receive of the estate. X in his will divided his estate among his 3 children but omitted the wife. Is there preterition? No, as a spouse is not a compulsory heir in the direct line. X has three children A, B, and C. X made a will instituting A, B, and F, a friend but omitted C. if the estate is P900,000, should the same be distributed? A, B, and C will each get P300,000 and F will get nothing as the institution is annulled because C was preterited in the will. X has two children, A and B. In his will, X gave F, a friend, P100,000 as a legacy out of an estate of P1,000,000. A and B was omitted. How will the estate be distributed? A P450,000 B P450,000 C P100,000 X has two children, A and B. In his will, X gave F, a friend, P100,000 as a legacy and instituted A as an heir. B was deliberately omitted. If the estate is P1,000,000, how will the estate be distributed? A P450,000 B P450,000 C P100,000

X has two children, A and B. In his will, X gave F, a friend, P600,000 as a legacy and instituted A as an heir. B was deliberately omitted. If the estate is P1,000,000, how will the estate be distributed? A P250,000 B P250,000 C P500,000 A and B are the legitimate children of X. C is the legitimate child of A. The estate is P100,000. A and B were instituted as heirs. A died before X. If later on, X died, how much will B and C get? B P75,000 C P25,000 A and B are the legitimate children of X. C is the legitimate child of A. The estate is P100,000. A and B were instituted as heirs. A becomes incapacitated to inherit. If later on, X died, how much will B and C get? B P75,000 C P25,000 A and B are the legitimate children of X. C is the legitimate child of A. The estate is P100,000. A and B were instituted as heirs. A renounces his inheritance. If later on, X died, how much will B and C get? B P100,000 C nothing X institutes F, a friend as his heir to an estate of P100,000. F dies before X but leaves a son S. Upon Xs death, will S get anything? No, because F was only a voluntary heir. The right of representation applies only to compulsory heirs. SUBSTITUTION OF HEIRS Substitution appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted Kinds 1. 2. 3. 4. of Substitution Simple or Common Brief or Compendious Reciprocal Fideicommissary

Simple or Common Substitution - the designation by the testator of one or more persons to substitute the heir or heirs instituted in case such heir or

heirs should die before him, or should not wish, or should be incapacitated to accept the inheritance. Causes 1. Predecease 2. Renunciation or Repudiation 3. Incapacity Causes of Extinguishment of Substitution 1. When the substitute predeceases the testator 2. When the substitute is incapacitated 3. When the substitute renounces the inheritance 4. When the institution of heir is annulled 5. When the institution or the substitution is revoked by the testator 6. When the will is void or disallowed or revoked Brief or Compendious Substitutions Brief when two or more heirs take the place of one Compendious when one heir takes the place of two or more Reciprocal Substitution substitution wherein designated heirs are also made substitutes of each other the the

Requisites of Fideicommissary Substitution 5. Both heirs must be alive (or at least conceived) at the time of the testators death. 6. Must be made in an express manner. 7. Must not burden the legitime. 8. Must not be conditional. T made a will instituting X as heir, and Y as substitute. In 2008, Y died, leaving Z, his child. In 2010, T died but X is incapacitated to inherit. Is Z going to inherit from T? No, because Y may be considered a voluntary heir, and since predecease the testator, he transmits nothing to his own heirs. T made a will instituting X as heir and Y as substitute. T died on January 5, 2004. X renounced the inheritance on January 7, 2004. Y died on January 8, 2004. Can Z, the child of Y, get anything from the estate of T? Yes, because at the time of the death of Y, he already inherited because of the renunciation of X. Since he already inherited, he passed it to Z upon his (Y) death.. T institutes A to 6/12, 2/12/, and 4/12 share of his estate. A is made the substitute of B or C. B and C are the substitutes of A. predeceased T. Upon the death of T, how will the estate of T be distributed assuming the estate is P1,200,000? B P400,000 (P200,000 + P200,000) C P800,000 (P400,000 + P400,000) T gave A a legacy of P120,000; B, 20,000; and C, P40,000. If A predeceases T, how much of his shares, if any, will go to B and C by way of substitution? None, because no substitution was provided. But B and C will inherit by accretion (in proportion to their share). T instituted P, a pianist, as heir, provided that P would give a piano concert a month after Ts death. X was made a substitute. If P predeceases T, is X required to give the concert? If X is not a pianist, no. But if X is a pianist, yes.

Fideicommissary Substitution - is that by virtue of which a testator institutes a first heir, and charges him to preserve and transmit the whole or part of the inheritance later on to the second heir Parties to a Fideicommissary Substitution First Heir fiduciary or trustee or fiducaro Second Heir fideicommissary or beneficiary or cestui que trust or fideicomisario Testator - decedent or fideicomitente Requisites of Fideicommissary Substitution There must be a first heir called primarily or preferentially to the enjoyment of the property. There must be an obligation clearly imposed upon him to preserve and transmit to a third person the whole or part of the inheritance. A second heir. The first and second heirs must be only one degree apart.

T institutes A as first heir. The will states that A should preserve and transmit later on the estate to B, who is As son. What kind of substitution is provided? Fideaicommissary substitution. Who will inherit from T? Both A and B will inherit from T. T devised land to X with authority to sell if X has children; or if none, he must deliver it after his death to Y. Is there a fideicommissary substitution? None, in view of the condition. T instituted X as heir, allowed X to sell the same after his death, and designated Y as heir to whatever property remains after Xs death. Is there a fideicommissary substitution? None, for there was no express obligation to preserve was provided. T instituted A as first heir, and B (As brother) as second heir in what he desired to be a fideicommissary substitution. When T died, A got the property. Later A died. A is survived by his son S. Who will get the property, B or S? S, because the fideicommissary substitution was not valid, B being a relative of the 2nd degree of A. T instituted A as first heir, and As child as second heir. In January 2008, T died. In January 2010, the wife of a gave birth to their first child. Upon As death, can the fideicommissary substitution be given effect? No, for the second heir was not yet living or conceived at the time of the testators death. T institutes A as first heir, B as second heir. B dies in 2009. T dies in 2010. Does A inherit? Yes, for while the fideicommissary substitution was void, the institution remains to be valid. T had an estate of P1 million. He gave F, a friend, P500,000. On the remaining P500,000, he imposed a fideicommissary substitution with Ts child as first heir. If T died, must A reserve the property for the second heir? No, as the substitution was imposed upon his legitime.

T instituted A as first heir, and B as second heir. T died in 2003. B died in 2004 , leaving a son C. On as death, will C get the property? Yes, as B acquired the property upon Ts death, notwithstanding that he (B) predeceased A. T gave a devise of land to X and told him never to alienate it. Is the stipulation valid? No. However, X alienate it for 20 years, the maximum allowed by law. A was given his legitime in the form of a house. In the will, he was prohibited from selling the house within a period of 10 years. Can A sell the house before the expiration of the 10 year period? Yes, as the prohibition cannot be applied to the legitime.