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DEFINITION OF SUCCESSION:

It is 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

KINDS OF SUCCESSION:
1. Testamentary that which results from the designation of an heir, made in a will
executed in the form prescribed by law
2. Legal or Intestate that which takes place by operation of law in the absence of
a valid will
3. Mixed that which is effected partly by will and partly by operation of law
KINDS OF HEIRS:
1. Compulsory those who succeed by force of law to some portion of the
inheritance, in an amount predetermined by law, of which they cannot be
deprived by the testator, except by a valid disinheritance
2. Voluntary or Testamentary those who are instituted by the testator in his will,
to succeed to the portion of the inheritance of which the testator can freely
dispose
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
DEFINITION OF WILL
- It 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
TESTAMENTARY CAPACITY:
1. All persons who are not expressly prohibited by law
2. 18 years old and above
3. Of sound mind, at the time of its execution
KINDS OF WILLS:
1. Notarial an ordinary or attested will
2. Holographic a handwritten will
COMMON REQUIREMENTS TO BOTH WILLS:
1.

In writing

2.

In a language or dialect known to the testator

C I V I L L AW ( Succession)
REQUISITES FOR VALID NOTARIAL WILL:
1. In writing
2. In a language or dialect known to the testator
3. Subscribed at the end by the testator himself or by the testators name written by
some other person in his presence, and by his express direction
4. Attested & subscribed by three or more credible witnesses in the presence of the
testator and of one another
5. Each and every page, except the last, must be signed by the testator or by the
person requested by him to write his name, and by the instrumental witnesses of
the will, on the left margin
6. Each and every page of the will must be numbered correlatively in letters placed
on the upper part of each page
7. It must contain an attestation clause, stating the following:
a. The number of pages used upon which the will is written
b. The fact that the testator signed the will and every page, or caused some
other person to write his name, under his express direction, in the
presence of the instrumental witnesses
c. All the instrumental witnesses witnessed and signed the will and all its
pages in the presence of the testator and of one another
8. It must be acknowledged before a notary public by the testator and the witnesses
ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE DEAF OR
A DEAF-MUTE:

1. Testator must personally read the will, if able to do so;


2. Otherwise, he shall designate two persons to read it and communicate to him, in
some practicable manner, its contents
ADDITIONAL REQUISITE FOR A NOTARIAL WILL IF THE TESTATOR BE BLIND:
The will shall be read to the testator twice
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom the will is acknowledged
REQUISITES FOR HOLOGRAPHIC WILL:
1. In writing
2. In a language or dialect known to the testator
3. Entirely written, dated, and signed by the hand of the testator himself
AMENDING A WILL:
1. Notarial only through a codicil
2. Holographic in three ways

C I V I L L AW ( Succession)
a. Dispositions may be added below the signature, PROVIDED that said
dispositions are also dated and signed, and everything is written by the
hand of the testator himself
b. Certain dispositions or additional matter may be suppressed or inserted
PROVIDED that said cancellation is signed by the testator and written by
the hand of the testator himself
c. Through a codicil which may either be notarial or holographic
EFFECT OF INSERTION ON THE VALIDITY OF A HOLOGRAPHIC WILL: (Tolentino)
1. If made after the execution of the will, but without the consent of the testator,
such insertion is considered as not written because the validity of the will cannot
be defeated by the malice or caprice of a third person
2. If the insertion after the execution of the will was with the consent of the testator,
the will remains valid but the insertion is void
3. If the insertion after the execution is validated by the testator by his signature
thereon, then the insertion becomes part of the will, and the entire will becomes
void, because of failure to comply with the requirement that it must be wholly
written by the testator
4. If the insertion made by a third person is made contemporaneous to the
execution of the will, then the will is void because it is not written entirely by the
testator
QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL:
1. Of sound mind
2. Of the age of 18 years or more
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines
6. Have not been convicted of falsification of a document, perjury or false testimony
DEFINITION OF A CODICIL:
-

It is a supplementary or addition to a will


made after the execution of the will
and annexed to be taken as a part thereof
by which any disposition in the original will may be explained, added to or altered

REQUISITES FOR INCORPORATION 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 or paper
referred to therein
4. it must be signed by the testator and the witnesses on each and every page,
except in case of voluminous books of account or inventories

C I V I L L AW ( Succession)
REVOKING A WILL:
1. By implication of law
2. By the execution of a will, codicil or other writing executed as provided in case of
wills
3. By burning, tearing, canceling, or obliterating the will with the intention of
revoking it, by the testator himself, or by some other person in his presence, and
by his express direction
GROUNDS FOR DISALLOWANCE OF A WILL:
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
threats
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 should be his
will at the time of affixing his signature thereto
DEFINITION OF INSTITUTION OF HEIR:
It is 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 OF HEIR:
1. Designation in will of person/s to succeed
2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
THREE PRINCIPLES IN THE INSTITUTION OF HEIRS:
1. Equality heirs who are instituted without a designation of shares inherit in
equal parts
2. Individuality heirs collectively instituted are deemed individually named unless
a contrary intent is proven
3. Simultaneity when several heirs are instituted, they are instituted
simultaneously and not successively

C I V I L L AW ( Succession)

RULES REGARDING A PERSONS RIGHT TO DISPOSE OF HIS ESTATE:


1. If one has no compulsory heirs:
a. He can give his estate to any person qualified to inherit under him
b. However, he must respect restrictions imposed by special laws
2. If one has compulsory heirs:
a. He can give only the disposable portion to strangers
b. Legitimes of compulsory heirs must be respected
CONCEPT OF PRETERITION:
1. There must be an omission of one, some or all of the heir/s in the will
2. The omission must be that of a COMPULSORY HEIR
3. Compulsory heir omitted must be of the DIRECT LINE
4. The omitted compulsory heir must be LIVING at the time of testators death or
must at least have been CONCEIVED before the testators death
EFFECTS OF PRETERITION:
1. The institution of heir is annulled
2. Devises and legacies shall remain valid as long as they are not inofficious
3. If the omitted compulsory heir should die before the testator, the institution shall
be effectual, without prejudice to the right of representation
DEFINITION OF SUBSTITUTION:
-

It is the appointment of another heir


so that he may enter into the inheritance in default of the heir originally instituted

CLASSES IF SUBSTITUTION:
1.
Vulgar or Simple the testator may designate one or
more persons to substitute the heir or heirs instituted in case such heir or heirs
should
a. die before him (PREDECEASE)
b. should not wish, (RENOUNCE) or
c. should be incapacitated to accept the inheritance (INCAPACITATED)
i.

Brief or Compendious two or more persons may be substituted for


one; and one person for two or more heirs

ii.

Reciprocal if heirs instituted in unequal shares should be


reciprocally substituted, the substitute shall acquire the share of the
heir who dies, renounces, or incapacitated, unless it clearly appears
that the intention of the testator was otherwise. If there are more than

C I V I L L AW ( Succession)
one substitute, they shall have the same share in the substitution as in
the institution
2. Fideicommissary Substitution - if the testator institutes an heir with an
obligation to deliver to another the property so inherited. The heir instituted to such
condition is called the first heir or fiduciary heir, the one to receive the property is the
fideicommissary or second heir
REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION:
1. A fiduciary or first heir instituted entrusted with the obligation to preserve and to
transmit to a fideicommissary substitute or second heir the whole or part of the
inheritance
2. Such substitution must not go beyond one degree from the heir originally
instituted
3. The fiduciary or first heir and the second heir are living at the time of the death of
the testator
4. The fideicommissary substitution must be expressly made
5. The fideicommissary substitution is imposed on the free portion of the estate and
never on the legitime
DEFINITION OF LEGITIME:
-

It is that part of the testators property which he cannot dispose of


because the law has reserved it for certain heirs called compulsory heirs

CLASSES OF COMPULSORY HEIRS:


1. Primary those who have precedence over and exclude other compulsory heirs
a. Legitimate children and descendants (legitimate), with respect to their
legitimate parents and ascendants
2. Secondary those who succeed only in the absence of the primary heirs
a. Legitimate parents and ascendants (legitimate), with respect to their
legitimate children and descendants
3. Concurring those who succeed together with the primary or the secondary
compulsory heirs
a. Widow or widower (legitimate)
b. Illegitimate children and descendants (legitimate or illegitimate)

C I V I L L AW ( Succession)

SUMMARY OF LEGITIMES OF COMPULSORY HEIRS:


SURVIVING
RELATIVES

Legitimate
children alone
1 legitimate child
surviving spouse
Legitimate
children
Surviving spouse

LEGITIMATE
CHILDREN &
DESCENDANTS

SURVIVING

ILLEGITIMATE

SPOUSE

CHILDREN

(divided
by the # of
children)

(divided
by no. of
children)

Same as the
share @
legit child

1 legitimate child
surviving spouse
illegitimate
children

(preferred)

of the
share of @
legit child

2 or more
legitimate
children
surviving spouse
Illegitimate
children

(divided
by no. of
children)

Same as the
share of @
legit child

of the
share of @
legit child

PARENTS

of the
share of @
legit child

Legitimate
parents
Surviving spouse
Illegitimate
children
Illegitimate
children alone

1/8

Illegitimate
children
Surviving spouse
Surviving spouse
alone

1/3

Illegitimate
parents alone

ILLEGITIMATE

ASCENDANTS

Legitimate
children
Illegitimate
children

Legitimate
parents alone
Legitimate
parents
Illegitimate
children
Legitimate
parents and
Surviving spouse

LEGITIMATE
PARENTS &

(divided
by no. of
children)
1/3 (divided
by no. of
children)

or 1/3 if
marriage in
articulo
mortis

C I V I L L AW ( Succession)
Illegitimate

parents
Surviving spouse
REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME:

1. If the impairment is total, then there may be preterition if the compulsory heir
preterited is either an ascendant or descendant. Article 854 would come into play
(annulment of institution of heir and reduction of devises and legacies)
2. If the impairment is partial, then the compulsory heir is entitled to completion of
legitime under Article 906
3. If the impairment is thru donation, then remedy is collation.
CONCEPT OF RESERVA TRONCAL
-

The ascendant who inherits from his descendant

any property which the latter may have acquired by gratuitous title

from another descendant, or a brother or sister,

is obliged to reserve such property

as he may have acquired by operation of law

for the benefit of relatives who are within the third degree

and who belong to the line from which said property came

REQUISITES (as provided in Chua v. CFI [1977] & reiterated in Gonzales v. CFI [1981])
1) that the property was acquired by a descendant from an ascendant or from a
brother or sister by gratuitous title
2) that said descendant died without an issue
3) that the property is inherited by another ascendant by operation of law
4) that there are relatives within the 3rd degree belonging to the line from which said
property came
DEFINITION OF DISINHERITANCE

It is the act by which the testator,


for just cause,
deprives a compulsory heir of his right to the legitime.

DIFFERENCES BETWEEN PRETERITION AND DISINHERITANCE:


DISINHERITANCE
Express deprivation of legitime

PRETERITION
Tacit deprivation of legitime

Always voluntary

May also be voluntary but is presumed to


be involuntary (as it is an omission to
mention an heir or though mentioned, is
not instituted as an heir)

Legal cause is present

Presumed by law to be a mere oversight

Even a compulsory heir may be totally


excluded

Compulsory heir is merely restored to his


legitime

C I V I L L AW ( Succession)

REQUISITES FOR A VALID DISINHERITANCE:


1. Heir disinherited must be designated by name or in such a manner as to leave no
room for doubt as to who is intended
2. It must be for a cause designated by law
3. It must be made in valid will
4. It must be made expressly, stating the cause in the will itself
5. The cause must be certain and true, and must be proved by the interested heir if
the person disinherited should deny it
6. It must unconditional
7. It must be total
SUMMARY OF CAUSES OF DISINHERITANCE:
GROUNDS FOR

CHILDREN/

PARENTS/

SPOUSE

UNWORTHINESS

DESCENDANTS
*

ASCENDANTS

2 Accused
testator/decedent
of crime punishable
by imprisonment of
more than 6 years,
found groundless,
false

3 Causes
testator/decedent
to make will or
change one by
fraud, violence,
intimidation, or
undue influence

4 Unjustified refusal
to support testator

5 Convicted of
adultery or
concubinage with
spouse of
testator/decedent

6 Maltreatment of
testator by word
and deed

7 Leading a
dishonorable or
disgraceful life

DISINHERITANCE

1 Guilty/convicted of
attempt against life
of testator/spouse/
ascendant/descend
ant

C I V I L L AW ( Succession)

8 Conviction of crime
which carries
penalty of civil
interdiction

9 Abandonment of
children or inducing
children to live
corrupt and
immoral life or
attempted against
virtue

10 Loss of parental
authority

11 Attempt by one
parent against life
of the other
UNLESS there is
reconciliation
between parents

12 Spouses given
cause for legal
separation

13 Failure to report
violent death of
decedent within
one month, unless
authorities have
already taken
action

14 Force, violence,
intimidation or
undue influence to
prevent another
from making a will
or revoking one
already made or
who supplants or
alters the latters
will

15 Falsifies or forges a
supposed will of the
decedent

CAUSES OF VACANCY IN SUCCESSION:


1. Disinheritance - The testator creates it himself
2. Repudiation - The heir does something
3. Incapacity/Predecease - Something happens to the heir
HOW VACANCIES ARE FILLED:

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C I V I L L AW ( Succession)
1. Substitution
2. Representation
3. Accretion
ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL
LEGACIES AND DEVICES:
1. Remuneratory legacies or devises
2. Legacies or devises declared by the testator to be preferential
3. Legacies for Support
4. Legacies for Education
5. Legacies or devises of a specific, determinate thing which forms a part of the
estate
6. All others pro-rata

CAUSES FOR LEGAL OR INTESTATE SUCCESSION:


1. If a person dies without a will
2. If a person dies with a void will
3. If a person dies with a will which has subsequently lost its validity
4. When the will does not institute an heir to, or dispose of all the property
belonging to the testator (legal succession shall take place only with respect to
the property of which the testator has not disposed)
5. If the suspensive condition attached to the institution of the heir does not happen
or is not fulfilled
6. If the heir dies before the testator,
7. If the heir repudiates the inheritance, there being no substitution, and no right of
accretion takes place
8. When the heir instituted is incapable of succeeding, except in cases provided in
the Code
FUNDAMENTAL
SUCCESSION:

UNDERLYING

PRINCIPLES

IN

LEGAL

OR

INTESTATE

1. Rule of Proximity the relative nearest in degree excludes the farther one
2. Rule of Equal Division the relatives who are in the same degree shall inherit
in equal shares
DEFINITION OF RIGHT OF REPRESENTATION:
-

It is a right created by fiction of law


by virtue of which the representative is raised to the place and degree of the
person represented
and acquires the rights which the latter would have of he were living or if he
would have inherited

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C I V I L L AW ( Succession)
ORDER OF LEGAL OR INTESTATE SUCCESSION:
LEGITIMATE CHILD
1 Legitimate child and
legitimate descendants

ILLEGITIMATE CHILD
legitimate child and
legitimate descendants

ADOPTED CHILD
legitimate child and
legitimate descendants

2 Legitimate parents and


legitimate ascendants

illegitimate children and


legitimate or illegitimate
descendants

illegitimate children and


legitimate or illegitimate
descendants

3 Illegitimate children and


legitimate or illegitimate
descendants

illegitimate parents

4 Surviving spouse

surviving spouse

legitimate or illegitimate
parents and legitimate
ascendants, adoptive
parents
surviving spouse

5 Legitimate siblings,
nephews, nieces

illegitimate siblings,
nephews, nieces

siblings, nephews, nieces

6 Legitimate collateral
relatives

State

State

7 State
CONCURRENCE IN LEGAL OR INTESTATE SUCCESSION
INTESTATE HEIR
Legitimate children
and Legitimate
descendants

EXCLUDES
Ascendants,
collaterals and state

EXCLUDED BY
No one

CONCURS WITH
Surviving spouse
Illegitimate children

Illegitimate children
and Descendants

Illegitimate parents,
collaterals and state

No one

Legitimate parents
and legitimate
ascendants

Collaterals and state

Legitimate children

Surviving spouse
Legitimate children
and legitimate
parents
Illegitimate children
and surviving
spouse

Illegitimate parents

Collaterals and state

Surviving spouse

Surviving spouse

Collaterals other
than siblings,
nephews and nieces

Legitimate children
and illegitimate
children
No one

Siblings, nephews
nieces

All other collaterals


and state

Legitimate children,
illegitimate children,
Legitimate parents
and illegitimate
parents

Surviving spouse

Other collaterals
within 5th degree

Collateral remoter in
degree and state

Legitimate children
Illegitimate children
Legitimate parents
Illegitimate parents
and
Surviving spouse

Collaterals in the
same degree

Legitimate children
Illegitimate children
Legitimate parents
and Illegitimate
parents

12

C I V I L L AW ( Succession)
State
No one
Everyone
A MORE DETAILED SUMMARY OF INTESTATE SHARES:

No one

1. LEGITIMATE CHILDREN AND LEGITIMATE DESCENDANTS ALONE


INTESTATE HEIR

SHARE AS LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

Legitimate children
TOTAL

2. ONE LEGITIMATE CHILD AND SURVIVING SPOUSE


INTESTATE HEIR

SHARE AS LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

Legitimate child

Surviving spouse

TOTAL

3. LEGITIMATE CHILDREN AND SURVIVING SPOUSE


INTESTATE HEIR

SHARE AS LEGITIME

SHARE AS FREE
DISPOSAL
Remaining portion of
estate after paying
legitimes

TOTAL INTESTATE
SHARE
Whole estate divided
equally between total
number of children
plus the surviving
spouse

Legitimate children

Surviving spouse

Same as share of @
legitimate child

Legitimes to be
divided equally
between total no. of
children plus the
surviving spouse

No. of children plus


the surviving spouse
(see above)

TOTAL

Varies on no. of
children

Varies on no. of
children

4. LEGITIMATE CHILDREN AND ILLEGITIMATE CHILDREN


INTESTATE HEIR

SHARE AS LEGITIME

SHARE AS FREE
DISPOSAL

Legitimate children

Illegitimate children

share of @
legitimate child

Legitimes to be
divided by the ratio
of 2 for @ legitimate
child, 1 for @
illegitimate child

TOTAL

Varies on no. of
children

Varies on no. of
children

TOTAL INTESTATE
SHARE

Remaining portion of Whole estate divided


estate after paying
by the ratio of 2:1 for
legitimes
each legitimate child
as compared to the
illegitimate child
1 for @ illegitimate
child provided that
legitimes wouldnt be
impaired

13

C I V I L L AW ( Succession)
5. ONE LEGITIMATE CHILD, ILLEGITIMATE CHILD, AND SURVIVING SPOUSE
INTESTATE HEIR

SHARE AS LEGITIME

SHARE AS FREE
DISPOSAL
Remaining portion of
estate after paying
legitimes to be
divided by the ratio
of 2:1 for @
legitimate child and
@ illegitimate child,
respectively

TOTAL INTESTATE
SHARE
Whole estate divided
by the ratio of 2 @
legitimate child

Legitimate child

Illegitimate child

share of @
legitimate child

1 for @ illegitimate
child (see above)

1 for @ illegitimate
child

Surviving spouse

Same share as a
legitimate child

Legitimes wouldnt
be impaired

TOTAL

Varies depending on
no. of illegitimate
children

Varies depending on
no. of illegitimate
children

6. LEGITIMATE CHILDREN, ILLEGITIMATE CHILDREN AND SURVIVING


SPOUSE
INTESTATE HEIR

SHARE AS LEGITIME

Legitimate children

Illegitimate children

share of @ legit
child

1 for @ illegitimate
child (see above)

1 for @ illegitimate
child (see above)

Surviving spouse

Same share as a
legitimate child,
provided legitimes
are not impaired

Same share as a
legitimate child,
provided legitimes
are not impaired

TOTAL

Varies depending on
no. of illegitimate
children

Varies depending on
no. of illegitimate
children

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1
1

7. LEGITIMATE PARENTS ALONE


8.
INTESTATE HEIR
SHARE AS LEGITIME
Legitimate parents
TOTAL

SHARE AS FREE
TOTAL INTESTATE
DISPOSAL
SHARE
Remaining portion of Whole estate divided
estate, if any after
by the ratio of 2:1 for
paying legitimes to
@ legitimate child
be divided by the
and illegitimate child
ratio of 2 for @
respectively
legitimate child

9. LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN


10.
INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate parents

Illegitimate children

TOTAL INTESTATE
SHARE

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C I V I L L AW ( Succession)
TOTAL

11. LEGITIMATE PARENTS AND SURVIVING SPOUSE


INTESTATE HEIR

SHARE AS LEGITIME

Legitimate parents

Surviving spouse
TOTAL

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

12. LEGITIMATE PARENTS, SURVIVING SPOUSE AND ILLEGITIMATE


CHILDREN
INTESTATE HEIR

SHARE AS LEGITIME

Legitimate parents

Surviving spouse

1/8

Illegitimate children

TOTAL

7/8

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

1/8

1/8

TOTAL INTESTATE
SHARE
1
1

13. ILLEGITIMATE CHILDREN ALONE


INTESTATE HEIR

SHARE AS LEGITIME

Illegitimate children
alone
TOTAL

SHARE AS FREE
DISPOSAL

14. ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE


INTESTATE HEIR

SHARE AS LEGITIME
1/3

SHARE AS FREE
DISPOSAL
1/6

TOTAL INTESTATE
SHARE

Illegitimate children
Surviving spouse

1/3

1/6

TOTAL

2/3

1/3

INTESTATE HEIR

SHARE AS LEGITIME

Surviving spouse

or 1/3

SHARE AS FREE
DISPOSAL
or 1/3

TOTAL INTESTATE
SHARE
1

TOTAL

or 1/3

or 1/3

TOTAL INTESTATE
SHARE
1
1

15. SURVIVING SPOUSE

16. ILLEGITIMATE PARENTS ALONE


INTESTATE HEIR

SHARE AS LEGITIME

Illegitimate parents

SHARE AS FREE
DISPOSAL

TOTAL

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C I V I L L AW ( Succession)

17. ILLEGITIMATE PARENTS AND SURVIVING SPOUSE


INTESTATE HEIR

SHARE AS LEGITIME

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

Illegitimate parents
Surviving spouse

TOTAL

TOTAL INTESTATE
SHARE
1
1

18. SIBLINGS, NEPHEWS AND NIECES ALONE


INTESTATE HEIR

SHARE AS LEGITIME

Siblings, nephews,
nieces
TOTAL

SHARE AS FREE
DISPOSAL

19. SURVIVING SPOUSE, SIBLINGS, NEPHEWS AND NIECES


INTESTATE HEIR

SHARE AS LEGITIME

Surviving spouse

Siblings, nephews,
nieces
TOTAL

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE

DEFINITION OF ACCRETION:
-

It is a right by virtue of which


when two or more persons are called to the same inheritance, devise or legacy
the part assigned to the one who renounces or cannot receive his share or who
died before the testator
is added or incorporated to that of his co-heirs, co-devisees, or co-legatees

WHO ARE INCAPABLE OF SUCCEEDING:


1. Priest who heard the confession of the testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period
2. Relatives of such priest or minister of the gospel within the 4 th degree, the
church, order, chapter, community, organization, or institution to which such
priest or minister may belong
3. Guardian with respect to testamentary dispositions given by a ward in his favor
before the final accounts of the guardianship have been approved, even if the
testator should die after the approval thereof; EXCEPT if the guardian is his
ascendant, descendant, brother, sister, or spouse
4. Attesting witness to execution of will, their spouses, parents, children or any one
claiming under such witness, spouse, parents or children
5. Physician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness
6. Individuals, associations, and corporations not permitted by law to inherit

16

C I V I L L AW ( Succession)

VALIDITY AND EFFECT OF LEGACY/DEVISE


General Rule: Conveys only interest or part owned by testator
Thing owned in part by
testator (Article 929)

Exception: if testator otherwise provides


a. He may convey more than what he owns - the state shld try to
acquire the part or interest owned by other parties. If other
parties are unwilling to alienate, the estate should give the
legatee/devisee the monetary equivalent (analogy with Article
931)
b. He may convey less than what he owns (Article 794)

Thing owned by another General Rule:


(Articles 930-931)
a. If testator ordered acquisition of the thing - the order should be
complied with. If the owner is unwilling to part with the thing,
the legatee/devisee should be given the monetary equivalent
b. If testator erroneously believed that the thing belonged to him legacy/device is void
Exception: if testator acquire the thing onerously or
gratuitously after making of the disposition, disposition is
validated
c. If testator knew that the thing did not belong to him but did not
order its acquisition - code is silent but disposition should be
considered valid - there is an implied order to acquire and
doubts must be resolved in favor of intestacy
Thing already owned to
the
legatee/devisee
(Articles 932-933)

a. If thing already belonged to legatee/devisee at time of


execution of will legacy/devise is void
b. If thing was owned by another person at time of making the
will and thereafter it is acquired by legatee/devisee
1. If testator erroneously believed that he owned the thing
legacy /devise is void
2. If testator was not in error i.

Legacy/Devise to
remove an
encumbrance over a
thing belonging to
testator (Article 932 par2)

If thing was acquired onerously by L/D L/D


entitled to be reimbursed
ii. If thing was acquired gratuitously by L/D
nothing is due
iii. If thing was owned by testator at time will was
made and L/D acquired the thing from him
thereafter law is silent
*Balane L/D deemed revoked
*Tolentino no intention to revoke (BUT if the
testator has not alienated the thing directly to the
L/D, but to a 3rd person and the former just acquired
it from the latter, there is an intention to revoke)
Valid, if the encumbrance can be removed for a consideration

17

C I V I L L AW ( Succession)
Legacy/Devise
of
a The encumbrance must be removed by paying the debt unless the
thing
pledged
or testator intended otherwise
mortgaged (Article 934)
CONCEPT OF COLLATION:
-

To collate is to bring back or to return to the hereditary mass,


in fact or by fiction,
property which came from the estate of the decedent, during his lifetime,
but which the law considers as an advance from the inheritance.

It is the act by virtue of which, the persons who concur in the inheritance bring
back to the common hereditary mass
the property which they have received from him,
so that a division may be effected according to law and the will of the testator.

CONCEPT OF PARTITION:
-

it is the separation, division and assignment


of a thing held in common among those to whom it may belong
the thing itself may be divided, or its value

IMPORTANT PERIODS TO REMEMBER:


1 month or less before making a will

Testator, if publicly known to be insane,


burden of proof is on the one claiming
validity of the will

20 years

Maximum period testator can prohibit


alienation of dispositions

5 years from delivery to the State

To claim property escheated to the State

1 month

To report knowledge of violent death of


decedent lest he be considered unworthy

5 years from the time disqualified


person took possession

Action for declaration of incapacity & for


recovery of the inheritance, devise or
legacy

30 days from issuance of order of


distribution

Must
signify
acceptance/repudiation
otherwise, deemed accepted

1 month form written notice of sale

Right to repurchase hereditary rights sold


to a stranger by a co-heir

10 years

To enforce warranty of title/quality of


property adjudicated to co-heir from the
time right of action accrues

5 years from partition

To enforce warranty of solvency of debtor


of the estate at the time partition is made

4 years form partition

Action for rescission of partition on account


of lesion

18