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ATENEO CENTRAL BAR OPERATIONS 2002
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. 2. 3.
Testamentary – that which results from the designation of an heir, made in a will executed in the form prescribed by law Legal or Intestate – that which takes place by operation of law in the absence of a valid will 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. 2. 3. All persons who are not expressly prohibited by law 18 years old and above 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. 2. In writing In a language or dialect known to the testator 1
Testator must personally read the will. on the left margin 6. stating the following: a.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 REQUISITES FOR VALID NOTARIAL WILL: 1. Subscribed at the end by the testator himself or by the testator’s name written by some other person in his presence. In a language or dialect known to the testator 3. Holographic – in three ways 2 . The number of pages used upon which the will is written b. Entirely written. 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 2 1. and by his express direction 4. It must contain an attestation clause. Notarial – only through a codicil 2. The fact that the testator signed the will and every page. Once by one of the subscribing witnesses 2. and signed by the hand of the testator himself AMENDING A WILL: 1. In writing 2. All the instrumental witnesses witnessed and signed the will and all its pages in the presence of the testator and of one another 8. In writing 2. in some practicable manner. Each and every page. In a language or dialect known to the testator 3. dated. or caused some other person to write his name. except the last. 2. Otherwise. its contents ADDITIONAL REQUISITE FOR A NOTARIAL WILL IF THE TESTATOR BE BLIND: The will shall be read to the testator twice – 1. and by the instrumental witnesses of the will. he shall designate two persons to read it and communicate to him. Attested & subscribed by three or more credible witnesses in the presence of the testator and of one another 5. must be signed by the testator or by the person requested by him to write his name. if able to do so. Once by the notary public before whom the will is acknowledged REQUISITES FOR HOLOGRAPHIC WILL: 1. Each and every page of the will must be numbered correlatively in letters placed on the upper part of each page 7. under his express direction. in the presence of the instrumental witnesses c.
then the will is void because it is not written entirely by the testator QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL: 1. PROVIDED that said dispositions are also dated and signed. it must be identified by clear and satisfactory proof as the document or paper referred to therein 4. 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. 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. and the entire will becomes void. Through a codicil which may either be notarial or holographic EFFECT OF INSERTION ON THE VALIDITY OF A HOLOGRAPHIC WILL: (Tolentino) 1.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 a. Of the age of 18 years or more 3. Domiciled in the Philippines 6. then the insertion becomes part of the will. Able to read and write 5. If the insertion made by a third person is made contemporaneous to the execution of the will. because of failure to comply with the requirement that it must be wholly written by the testator 4. 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. it must be signed by the testator and the witnesses on each and every page. the will remains valid but the insertion is void 3. the document or paper referred to in the will must be in existence at the time of the execution of the will 2. If the insertion after the execution of the will was with the consent of the testator. but without the consent of the testator. If the insertion after the execution is validated by the testator by his signature thereon. Dispositions may be added below the signature. and everything is written by the hand of the testator himself b. Have not been convicted of falsification of a document. except in case of voluminous books of account or inventories 3 . Of sound mind 2. Not blind. stating among other things the number of pages thereof 3. deaf or dumb 4. added to or altered REQUISITES FOR INCORPORATION BY REFERENCE: 1. If made after the execution of the will. the will must clearly describe and identify the same.
If it was executed through force or under duress. by the testator himself. Equality – heirs who are instituted without a designation of shares inherit in equal parts 2. No vice of consent is present 6. they are instituted simultaneously and not successively 4 . The person so named has capacity to succeed 4. at the time of its execution 3. Individuality – heirs collectively instituted are deemed individually named unless a contrary intent is proven 3. tearing. If the formalities required by law have not been complied with 2. If the testator was insane. or by some other person in his presence. codicil or other writing executed as provided in case of wills 3. Will specifically assigns to such person an inchoate share in the estate 3. No preterition results from the effect of such will THREE PRINCIPLES IN THE INSTITUTION OF HEIRS: 1. canceling. on the part of the beneficiary or of some other person 5. By burning. 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. By the execution of a will. By implication of law 2. or obliterating the will with the intention of revoking it. The will is formally valid 5. and by his express direction GROUNDS FOR DISALLOWANCE OF A WILL: 1. or threats 4. Simultaneity – when several heirs are instituted.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 REVOKING A WILL: 1. If the signature of the testator was procured by fraud 6. If it was procured by undue and improper pressure and influence. or the influence of fear. Designation in will of person/s to succeed 2. or otherwise mentally incapable of making a will.
If one has no compulsory heirs: a. However. in the will There must be an omission of one. renounces. the institution shall be effectual. should not wish. die before him (PREDECEASE) b. He can give his estate to any person qualified to inherit under him b.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 RULES REGARDING A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE: 1. some or all of the heir/s 2. unless it clearly appears that the intention of the testator was otherwise. The omission must be that of a COMPULSORY HEIR 3. (RENOUNCE) or c. Brief or Compendious – two or more persons may be substituted for one. The institution of heir is annulled 2. 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. Legitimes of compulsory heirs must be respected CONCEPT OF PRETERITION: 1. Compulsory heir omitted must be of the DIRECT LINE 4. he must respect restrictions imposed by special laws 2. If there are more than 5 . or incapacitated. 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. If one has compulsory heirs: a. If the omitted compulsory heir should die before the testator. Devises and legacies shall remain valid as long as they are not inofficious 3. The omitted compulsory heir must be LIVING at the time of testator’s death or must at least have been CONCEIVED before the testator’s death EFFECTS OF PRETERITION: 1. ii. and one person for two or more heirs Reciprocal – if heirs instituted in unequal shares should be reciprocally substituted. the substitute shall acquire the share of the heir who dies. He can give only the disposable portion to strangers b. should be incapacitated to accept the inheritance (INCAPACITATED) i.
Legitimate parents and ascendants (legitimate). 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 testator’s property which he cannot dispose of because the law has reserved it for certain heirs called compulsory heirs CLASSES OF COMPULSORY HEIRS: 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. Concurring – those who succeed together with the primary or the secondary compulsory heirs a. Fideicommissary Substitution . Primary – those who have precedence over and exclude other compulsory heirs a.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 one substitute. they shall have the same share in the substitution as in the institution 2. Illegitimate children and descendants (legitimate or illegitimate) 6 . The fideicommissary substitution must be expressly made 5. Widow or widower (legitimate) b. the one to receive the property is the fideicommissary or second heir REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION: 1. The heir instituted to such condition is called the first heir or fiduciary heir. The fiduciary or first heir and the second heir are living at the time of the death of the testator 4.if the testator institutes an heir with an obligation to deliver to another the property so inherited. Secondary – those who succeed only in the absence of the primary heirs a. Legitimate children and descendants (legitimate). Such substitution must not go beyond one degree from the heir originally instituted 3. with respect to their legitimate children and descendants 3. with respect to their legitimate parents and ascendants 2.
C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 SUMMARY OF LEGITIMES OF COMPULSORY HEIRS: SURVIVING RELATIVES LEGITIMATE CHILDREN & DESCENDANTS SURVIVING SPOUSE ILLEGITIMATE CHILDREN LEGITIMATE PARENTS & ASCENDANTS ILLEGITIMATE PARENTS Legitimate children alone 1 legitimate child surviving spouse Legitimate children Surviving spouse Legitimate children Illegitimate children 1 legitimate child surviving spouse illegitimate children 2 or more legitimate children surviving spouse Illegitimate children Legitimate parents alone Legitimate parents Illegitimate children Legitimate parents and Surviving spouse Legitimate parents Surviving spouse Illegitimate children Illegitimate children alone Illegitimate children Surviving spouse Surviving spouse alone Illegitimate parents alone ½ (divided by the # of children) ½ ½ (divided by no. of children) ½ 7 . of children) 1/3 (divided by no. of children) Same as the share of @ legit child ½ ¼ ½ ¼ ½ 1/8 ¼ ½ 1/3 ½ or 1/3 if marriage in articulo mortis ½ (divided by no. of children) ½ ¼ Same as the share @ legit child ½ of the share of @ legit child ¼ (preferred) ½ of the share of @ legit child ½ of the share of @ legit child ½ ½ (divided by no.
If the impairment is thru donation. for just cause.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Illegitimate ¼ parents Surviving spouse REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME: ¼ 1. If the impairment is total. deprives a compulsory heir of his right to the legitime. then remedy is collation. 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. Article 854 would come into play (annulment of institution of heir and reduction of devises and legacies) 2. or a brother or sister. CFI  & reiterated in Gonzales v. CFI ) 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. is not instituted as an heir) Presumed by law to be a mere oversight Compulsory heir is merely restored to his legitime Legal cause is present Even a compulsory heir may be totally excluded 8 . If the impairment is partial. then the compulsory heir is entitled to completion of legitime under Article 906 3. 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. then there may be preterition if the compulsory heir preterited is either an ascendant or descendant. DIFFERENCES BETWEEN PRETERITION AND DISINHERITANCE: DISINHERITANCE Express deprivation of legitime Always voluntary PRETERITION Tacit deprivation of legitime May also be voluntary but is presumed to be involuntary (as it is an omission to mention an heir or though mentioned.
The cause must be certain and true. It must be total SUMMARY OF CAUSES OF DISINHERITANCE: GROUNDS FOR DISINHERITANCE 1 Guilty/convicted of attempt against life of testator/spouse/ ascendant/descend ant 2 Accused testator/decedent of crime punishable by imprisonment of more than 6 years. 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 CHILDREN/ DESCENDANTS * PARENTS/ ASCENDANTS SPOUSE * UNWORTHINESS * * * * * * * * * * * * * * * * * * 9 . It must be for a cause designated by law 3. It must be made in valid will 4. false 3 Causes testator/decedent to make will or change one by fraud. and must be proved by the interested heir if the person disinherited should deny it 6. intimidation.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 REQUISITES FOR A VALID DISINHERITANCE: 1. It must unconditional 7. found groundless. It must be made expressly. 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. stating the cause in the will itself 5. violence.
unless authorities have already taken action 14 Force. violence.The testator creates it himself 2.The heir does something 3. Disinheritance .Something happens to the heir HOW VACANCIES ARE FILLED: 10 . intimidation or undue influence to prevent another from making a will or revoking one already made or who supplants or alters the latter’s will 15 Falsifies or forges a supposed will of the decedent * * * * * * * * * * CAUSES OF VACANCY IN SUCCESSION: 1. Repudiation . Incapacity/Predecease .C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 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.
Remuneratory legacies or devises 2. 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) 2. All others pro-rata CAUSES FOR LEGAL OR INTESTATE SUCCESSION: If a person dies without a will If a person dies with a void will If a person dies with a will which has subsequently lost its validity 1. Rule of Proximity – the relative nearest in degree excludes the farther one 2. Substitution 2. and no right of accretion takes place 5. When the will does not institute an heir to. there being no substitution. When the heir instituted is incapable of succeeding.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 1. except in cases provided in the Code FUNDAMENTAL SUCCESSION: UNDERLYING PRINCIPLES IN LEGAL OR INTESTATE 1. If the heir repudiates the inheritance. If the heir dies before the testator. Legacies or devises declared by the testator to be preferential 3. Accretion ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL LEGACIES AND DEVICES: 1. 4. If the suspensive condition attached to the institution of the heir does not happen or is not fulfilled 3. Legacies for Support 4. Legacies for Education 5. determinate thing which forms a part of the estate 6. 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 11 . Legacies or devises of a specific. Representation 3.
illegitimate children. collaterals and state Illegitimate parents. nephews. collaterals and state Collaterals and state EXCLUDED BY No one CONCURS WITH Surviving spouse Illegitimate children Surviving spouse Legitimate children and legitimate parents Illegitimate children and surviving spouse Surviving spouse Legitimate children Illegitimate children Legitimate parents and Illegitimate parents Surviving spouse ILLEGITIMATE CHILD legitimate child and legitimate descendants illegitimate children and legitimate or illegitimate descendants illegitimate parents ADOPTED CHILD legitimate child and legitimate descendants illegitimate children and legitimate or illegitimate descendants legitimate or illegitimate parents and legitimate ascendants.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 ORDER OF LEGAL OR INTESTATE SUCCESSION: LEGITIMATE CHILD 1 Legitimate child and legitimate descendants 2 Legitimate parents and legitimate ascendants 3 Illegitimate children and legitimate or illegitimate descendants 4 Surviving spouse 5 Legitimate siblings. nephews and nieces Legitimate children and illegitimate children No one Siblings. nieces 6 Legitimate collateral relatives 7 State CONCURRENCE IN LEGAL OR INTESTATE SUCCESSION INTESTATE HEIR Legitimate children and Legitimate descendants Illegitimate children and Descendants Legitimate parents and legitimate ascendants Illegitimate parents Surviving spouse EXCLUDES Ascendants. nephews nieces All other collaterals and state Legitimate children. nieces State No one Legitimate children Collaterals and state Collaterals other than siblings. nephews. adoptive parents surviving spouse siblings. Legitimate parents and illegitimate parents Legitimate children Illegitimate children Legitimate parents Illegitimate parents and Surviving spouse Everyone Other collaterals within 5th degree Collateral remoter in degree and state Collaterals in the same degree State No one No one 12 . nieces State surviving spouse illegitimate siblings. nephews.
of children plus the surviving spouse (see above) Surviving spouse Same as share of @ legitimate child Legitimes to be divided equally between total no. of children 1 4. of children 13 . LEGITIMATE CHILDREN AND LEGITIMATE DESCENDANTS ALONE INTESTATE HEIR Legitimate children TOTAL SHARE AS LEGITIME ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 2. of children TOTAL Varies on no. 1 for @ illegitimate child Varies on no. of children plus the surviving spouse Varies on no. LEGITIMATE CHILDREN AND SURVIVING SPOUSE INTESTATE HEIR Legitimate children SHARE AS LEGITIME ½ 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 No. of children 1 for @ illegitimate child provided that legitimes wouldn’t be impaired Illegitimate children ½ share of @ legitimate child TOTAL Varies on no.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 A MORE DETAILED SUMMARY OF INTESTATE SHARES: 1. ONE LEGITIMATE CHILD AND SURVIVING SPOUSE INTESTATE HEIR Legitimate child Surviving spouse TOTAL SHARE AS LEGITIME ½ ¼ ¾ ¼ ¼ SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE ½ ½ 1 3. LEGITIMATE CHILDREN AND ILLEGITIMATE CHILDREN INTESTATE HEIR Legitimate children SHARE AS LEGITIME ½ SHARE AS FREE DISPOSAL 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 Legitimes to be divided by the ratio of 2 for @ legitimate child.
of illegitimate children TOTAL INTESTATE SHARE Whole estate divided by the ratio of 2 @ legitimate child Illegitimate child Surviving spouse TOTAL ½ share of @ legitimate child ¼ Varies depending on no. provided legitimes are not impaired Varies depending on no. of illegitimate children 1 for @ illegitimate child Legitimes wouldn’t be impaired 1 6.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 5. respectively 1 for @ illegitimate child (see above) Same share as a legitimate child Varies depending on no. 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 1 for @ illegitimate child (see above) Same share as a legitimate child. INTESTATE HEIR SHARE AS LEGITIME Legitimate parents TOTAL ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 9. INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate parents ½ ½ Illegitimate children ¼ ¼ ½ TOTAL ¾ ¼ 1 14 . of illegitimate children 1 for @ illegitimate child (see above) Same share as a legitimate child. LEGITIMATE PARENTS ALONE 8. provided legitimes are not impaired 1 Illegitimate children Surviving spouse ½ share of @ legit child ¼ TOTAL Varies depending on no. ONE LEGITIMATE CHILD. ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE INTESTATE HEIR Legitimate children SHARE AS LEGITIME ½ SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Remaining portion of Whole estate divided estate. ILLEGITIMATE CHILD. LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN 10. AND SURVIVING SPOUSE INTESTATE HEIR Legitimate child SHARE AS LEGITIME ½ 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. of illegitimate children 7. LEGITIMATE CHILDREN.
C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 11. ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE INTESTATE HEIR Illegitimate children Surviving spouse TOTAL 15. SURVIVING SPOUSE INTESTATE HEIR Surviving spouse TOTAL SHARE AS LEGITIME ½ or 1/3 ½ or 1/3 SHARE AS FREE DISPOSAL ½ or 1/3 ½ or 1/3 TOTAL INTESTATE SHARE 1 1 SHARE AS LEGITIME 1/3 1/3 2/3 SHARE AS FREE DISPOSAL 1/6 1/6 1/3 TOTAL INTESTATE SHARE ½ ½ 1 16. SURVIVING SPOUSE AND ILLEGITIMATE CHILDREN INTESTATE HEIR Legitimate parents Surviving spouse Illegitimate children TOTAL SHARE AS LEGITIME ½ 1/8 ¼ 7/8 1/8 1/8 SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE ½ ¼ ¼ 1 13. ILLEGITIMATE PARENTS ALONE INTESTATE HEIR Illegitimate parents TOTAL SHARE AS LEGITIME ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 15 . LEGITIMATE PARENTS AND SURVIVING SPOUSE INTESTATE HEIR Legitimate parents Surviving spouse TOTAL SHARE AS LEGITIME ½ ¼ ¾ ¼ ¼ SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE ½ ½ 1 12. ILLEGITIMATE CHILDREN ALONE INTESTATE HEIR Illegitimate children alone TOTAL SHARE AS LEGITIME ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 14. LEGITIMATE PARENTS.
the church. brother. or institution to which such priest or minister may belong 3. nurse. order. nephews. descendant. Physician. SIBLINGS. associations. health officer or druggist who took care of the testator during his last illness 6. parents. organization. SIBLINGS. their spouses. community. Guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved. or co-legatees ½ SHARE AS LEGITIME ½ ½ ½ SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE ½ ½ 1 WHO ARE INCAPABLE OF SUCCEEDING: 1. chapter. and corporations not permitted by law to inherit 16 . even if the testator should die after the approval thereof. co-devisees. Individuals. Attesting witness to execution of will. sister. 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.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 17. surgeon. nieces TOTAL DEFINITION OF ACCRETION: It is a right by virtue of which when two or more persons are called to the same inheritance. EXCEPT if the guardian is his ascendant. NEPHEWS AND NIECES ALONE INTESTATE HEIR Siblings. Relatives of such priest or minister of the gospel within the 4th degree. or the minister of the gospel who extended spiritual aid to him during the same period 2. NEPHEWS AND NIECES INTESTATE HEIR Surviving spouse Siblings. nephews. SURVIVING SPOUSE. children or any one claiming under such witness. or spouse 4. spouse. Priest who heard the confession of the testator during his last illness. parents or children 5. ILLEGITIMATE PARENTS AND SURVIVING SPOUSE INTESTATE HEIR Illegitimate parents Surviving spouse TOTAL SHARE AS LEGITIME ¼ ¼ ½ SHARE AS FREE DISPOSAL ¼ ¼ ½ TOTAL INTESTATE SHARE ½ ½ 1 18. nieces TOTAL SHARE AS LEGITIME ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 19.
the order should be complied with.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 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.code is silent but disposition should be considered valid . He may convey more than what he owns .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. the legatee/devisee should be given the monetary equivalent b. If thing already belonged to legatee/devisee at time of execution of will – legacy/devise is void b. If thing was acquired gratuitously by L/D – nothing is due iii. If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee – 1. 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.legacy/device is void Exception: if testator acquire the thing onerously or gratuitously after making of the disposition. If other parties are unwilling to alienate. if the encumbrance can be removed for a consideration 17 . there is an intention to revoke) Valid.the state shld try to acquire the part or interest owned by other parties. the estate should give the legatee/devisee the monetary equivalent (analogy with Article 931) b. but to a 3rd person and the former just acquired it from the latter. If testator knew that the thing did not belong to him but did not order its acquisition . He may convey less than what he owns (Article 794) Thing owned by another General Rule: (Articles 930-931) a. If testator erroneously believed that the thing belonged to him . disposition is validated c. If testator erroneously believed that he owned the thing – legacy /devise is void 2. If the owner is unwilling to part with the thing. If testator ordered acquisition of the thing . If thing was acquired onerously by L/D – L/D entitled to be reimbursed ii. If testator was not in error - Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par2) i.
or its value IMPORTANT PERIODS TO REMEMBER: 1 month or less before making a will Testator.C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 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. during his lifetime. 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. division and assignment of a thing held in common among those to whom it may belong the thing itself may be divided. but which the law considers as an advance from the inheritance. CONCEPT OF PARTITION: it is the separation. It is the act by virtue of which. devise or legacy Must signify acceptance/repudiation otherwise. property which came from the estate of the decedent. if publicly known to be insane. burden of proof is on the one claiming validity of the will Maximum period testator can prohibit alienation of dispositions To claim property escheated to the State To report knowledge of violent death of decedent lest he be considered unworthy Action for declaration of incapacity & for recovery of the inheritance. deemed accepted Right to repurchase hereditary rights sold to a stranger by a co-heir To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues To enforce warranty of solvency of debtor of the estate at the time partition is made Action for rescission of partition on account of lesion 20 years 5 years from delivery to the State 1 month 5 years from the time disqualified person took possession 30 days from issuance of order of distribution 1 month form written notice of sale 10 years 5 years from partition 4 years form partition 18 .
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