Professional Documents
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It is legal because it
takes place by operation of law; it is intestate because it takes place in the absence of a last will of the
decedent.
NOTE TO RULES
In intestate succession, the whole estate of the descendant, in default of legitimate children or descendants,
passes to the ascendant by operation of law.
Proximity Rule
the relative nearest in degree excludes the more distant ones, saving the right of representation when
it properly takes place. Exception: right of representation
A direct line
is that constituted by the series of degrees among ascendants and descendants
A collateral line
is that constituted by the series of degrees among persons who are not ascendants and descendants,
but who come from a common ancestor.
Right of representation
the representative is raised to the place and the degree of the person represented, and acquires the
rights which the latter would have if he were living or if he could have inherited.
Characteristics of the right of representation
1. it is a right of subrogation
2. it is an exception to the rule of proximity and the rule of equal division
3. the representative is called to the succession by the law and not by the person represented
4. the representative succeeds the decedent and not the person represented
5. it can only take place when there is vacancy in the inheritance by either predecease, or incapacity,
or disinheritance of an heir
6. the right can be exercised only by grandchildren or descendants of the decedent
1. The right can be exercised only by nephews and nieces of the decedent, it cannot be exercised by
grandnephews and grandnieces.
2. The right can be exercised by the nephews or nieces of the decedent if they will concur with at least one
brother or sister of the decedent. Otherwise, if they are the only survivors, they shall inherit in their own
right and not by right of representation.
(1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated
to receive it.
Concept of earmarking
The words one-half for each or in equal shares or any others which, though designating an aliquot
part, do not identify it by such description as shall make each heir the exclusive owner of determinate
property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right
of accretion.
Kinds of incapacity
(1) Incapacity Arising from Possible Undue Influence
(1) Any person with whom the testator was guilty of adultery or concubinage at the time of the
making of the will;
(2) Any person found guilty of the same criminal offense as the testator, where the disposition is
the consideration thereof; and
(3) Any public officer or his spouse, descendant, or ascendant, where the disposition is given by
reason of the office of such public officer.