CHARACTERISTICS OF SUCCESSION:

1. Mode of acquisition
2. The property, rights & obligations to the extent of the value of the inheritance
transmitted
3. The transmission takes place only by virtue of death
4. The transmission takes place either by will or by operation of law
5. The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly

stated, time of vesting of the successional right):
1. Death of the decedent
2. Express will of the testator calling succession and/or provision of law prescribing
successors
3. Rights or properties are transmissible
4. Transferee is still alive (didn’t predecease)
5. Transferee is capacitated to inherit
6. Acceptance of the inheritance by the successor

KINDS OF SUCCESSION:
1. Testamentary – succession by will
2. Intestate – succession in default of a will
3. Mixed

Treatment of accruals under the laws of succession:

1. a. Article 793 refers to accruals after the making of the will
b. Article 781 refers to accruals after the death of the testator
2. a. Article 793 accruals don’t always pertain to the testate heirs
b. Article 781 accruals will always pertain to the testate heirs

Will – an act whereby a person is permitted, with the formalities prescribed by law, to
control, to a certain degree the disposition of his estate, to take effect after his death.

Validity of wills
EXTRINSIC
1. Governing law as to time
2. Governing law as to place
FOR FILIPINOS FOR FOREIGNERS
Article 795 – law in force Same rule (assumption: will
when will was executed is being probated here)
Law of citizenship Law of citizenship
Law of domicile Law of domicile
Law of residence Law of residence
Law of place of execution Law of place of execution
Philippine law Philippine law

INTRINSIC FOR FILIPINOS FOR FOREIGNERS

1. Governing law as to time Article 2263 – law at time Article 16, Article 1039 –
of death depends on personal law
2. Governing law as to place Article 16, Article 1039 – Article 16, Article 1039 –
Philippine law national law

Testamentary Capacity
1. All persons not expressly prohibited by law
2. 18 years old and above
3. Sound mind

2 Kinds of Wills:
1. Notarial will – Articles 804-806, & 807-808 in special cases
2. Holographic – Articles 804 & 810
Common requirements that apply to the 2 kinds of wills
1. In writing
2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:

1. In writing
2. Executed in a language or dialect known to the testator
3. Subscribed by the testator himself or by the testator’s name written by some
other person in his presence & under his express direction at the end thereof, at
the presence of witnesses
4. Attested & subscribed by at least 3 credible witnesses in the presence of the
testator and of one another
5. Each & every page must be signed by the testator or by the person requested by
him to write is name, & by instrumental witnesses in the presence of each other,
on the left margin
6. Each & every page of the will must be numbered correlatively in letters placed on
the upper part of each page
7. Must contain an attestation clause, stating the following:
a. The number of pages of the will
b. Fact that the testator signed the will & every page in the presence of
witnesses, or caused some other person to write his name under his
express direction
c. All witnesses signed the will & every page thereof in the presence of the
testator & of one another
8. Must be acknowledged before a notary public

Additional requisite if deaf or mute:

Must either:
1 1. Read will personally, if able to do so;
2. Otherwise, he shall designate 2 persons to read it & communicate to him the
contents

Additional requisite if blind:

Will shall be read to him twice:
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom it is acknowledged

REQUISITES OF HOLOGRAPHIC WILL:

1. In writing
2. Executed in a language or dialect known to the testator
3. Entirely written, dated & signed by the hand of the testator himself

AMENDING A WILL:
1. Notarial will can only be amended through a codicil
2. Holographic will can be amended in 3 ways:
a. Dispositions may be added below the signature, PROVIDED that said
dispositions are also dated & signed & everything is written by the hand
of the testator himself
b. Certain dispositions or additional matter may be suppressed or inserted
PROVIDED that sad cancellation is signed by the testator & is written by
the testator himself (no need to be detailed)
c. Executing a codicil which may either be notarial or holographic

Effect of cancellation, addition insertion), or erasure on the validity of the will

1. If made by the hand of the testator & authenticated by him: alters the will without
affecting its validity
2. If made by the hand of the testator but was not authenticated by him: deemed as
if not written at all
3. If made by testator but not handwritten: entire will is nullified
4. By a stranger & the testator has authenticated the same: entire will is nullified
5. Made by a stranger but not authenticated by the testator: deemed as if not
written at all
What is a codicil?
It is a supplementary or addition to a will, made after the execution of the will &
annexed to be taken as part by which any disposition in the original will may be
explained, added to or altered.

Qualifications of a witness and a testator:

WITNESS TESTATOR
1. At least 18 years old 1. Same
2. Physically fit (not deaf, dumb, blind) 2. May be blind, deaf or deaf-mute
3. Literate, able to read and write 3. No literacy requirement
4. No prior conviction for perjury/false 4. No such requirement
testimony/falsification
5. Not the notary public before whom 5. No such requirement
the will is acknowledged
6. Sound mind 6. Same
7. Domiciled in the Philippines 7. No such requirement

REVOCATION OF A WILL:
1. By implication of law
2. By the execution of a documentation with all the requisites of a will
3. By the physical act of destruction coupled with the intent to revoke

PROBATE – It is a the special proceeding by which the validity of a will maybe

established

Matters to be proved in a probate:

1. Whether the instrument which is offered for probate is the last will and testament
of the decedent
2. Whether the will has been executed in accordance with the formalities prescribed
by law
3. Whether the testator had testamentary capacity at the time of the execution of
the will

GROUNDS FOR DISALLOWANCE OF A WILL:

1. The testator did not possess testamentary capacity at the time of execution
2. The testator failed to comply with prescribed formalities
3. The execution of the will is attended by a vice of consent

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 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

3 principles in the institution of heirs:

1. Equality: heirs who are instructed without a designation of shares inherit in equal
parts
2. Individuality: heirs collectively instituted are deemed individually named unless
contrary intent is proven
3. Simultaneity: when several heirs are instituted, they are instituted simultaneously
& not successively

Rules regarding a person’s 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

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 testator’s death or
must at least have been CONCEIVED before the testator’s death

Effects of preterition:
1. The institution of heirs is annulled
2. Devises & legacies shall remain valid as long as they aren’t officious

DISINHERITANCE – It is the act by which the testator, for just cause, deprives a
compulsory heir of his right to the legitime.

Preterition vs. Disinheritance

DISINHERITANCE PRETERITION
Express deprivation of legitime Tacit deprivation of legitime
Always voluntary May also be voluntary but is presumed to
be involuntary (as it’s an omission to
mention as an heir or though mentioned,
isn’t instituted as an heir)
Legal cause is present Presumed by law to be a mere oversight
Even a compulsory heir may be totally Compulsory heir is merely restored to his
excluded legitime

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 it is intended
2. Disinheritance 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. Cause must be certain & true, & must be proved by interested heirs if the person
disinherited should deny it
6. It must unconditional
7. Must be total

Summary of causes of disinheritance

GROUNDS FOR CHILDREN/ PARENTS/ SPOUSE UNWORTHIN
DISINHERITANCE DESCENDAN ASCENDANT ESS
TS S
1 Guilty/convicted of attempt * * * *
against life of testator/
spouse/ ascendant/
descendant
 GROUNDS FOR CHILDREN/ PARENTS/ SPOUSE UNWORTHIN
DISINHERITANCE DESCENDA ASCENDANT ESS
NTS S
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 & deed
7 Leading a dishonorable or *
disgraceful life
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’s
reconciliation between
parents
12 Spouses given cause for *
legal separation
13 Failure to report violent *
death of decedent within 1
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 latter’s will
15 Falsifies or forges a *
supposed will of the
decedent

Causes of vacancy in succession:

1. The testator creates it himself – disinheritance
2. The does something – repudiates
3. Something happens to the heir – incapacitated / predecease

How are vacancies filled:

1. Substitution
 2. Representation
3. Accretion

Classes of substitution
1. Singular or vulgar substitution
a. Simple
b. Brief
c. Compendious
d. Reciprocal
2. Fideicommissary Substitution

FIDEICOMMISSARY SUBSTITUTION – A substitution is a 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 of a fideicommissary substitution:

1. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited
2. A 2nd heir or fideicommissary substitute
3. An obligation clearly imposed on the fiduciary to preserve & transmit the property
to a fideicommissary substitute
4. The substitution doesn’t go beyond the 1st degree of the fiduciary
5. The fideicommissary substitution is made expressly
6. Both the fiduciary & the fideicommissary substitute are living or at least
conceived at the time of the death of the testator
7. The fideicommissary substitution is imposed on the free portion of the estate &
not on the legitime

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.

Different classes of heirs:

1. Voluntary heirs – succeed by virtue of a will
2. Legal or intestate heirs – succeed by operation of law in the absence of a will
3. Compulsory heirs – succeed because the law reserved for them

Classes Compulsory Heirs:

1. Primary
a. Legitimate children & their descendants (legitimate)
b. Surviving spouse (legitimate)
c. Illegitimate children & their descendants (legitimate or illegitimate)
2. Secondary
a. Legitimate parents & ascendants (legitimate) – inherit only in default of 1a
b. Illegitimate parents (no other ascendants) – inherit only in default of 1a &
1c

Summary of legitimes of compulsory heirs:

SURVIVING LEGITIMATE SURVIVING ILLEGITIMATE LEGITIMATE ILLEGITIMATE
RELATIVES CHILDREN & SPOUSE CHILDREN PARENTS & PARENTS
DESCENDANTS ASCENDANTS
Legitimate ½ (divided
children alone by the # of
children)
1 legitimate child ½ ¼
surviving spouse
 SURVIVING LEGITIMATE SURVIVING ILLEGITIMATE LEGITIMATE ILLEGITIMATE
RELATIVES CHILDREN & SPOUSE CHILDREN PARENTS & PARENTS
DESCENDANTS ASCENDANTS
Legitimate ½ (divided Same as the
children by no. of share @
Surviving spouse children) legit child
Legitimate ½ ½ of the
children share of @
Illegitimate legit child
children
1 legitimate child ½ ¼ ½ of the
surviving spouse share of @
illegitimate legit child
children
2 or more ½ (divided Same as the ½ of the
legitimate by no. of share of @ share of @
children children) legit child legit child
surviving spouse
Illegitimate
children
Legitimate ½
parents alone
Legitimate ¼ ½
parents
Illegitimate
children
Legitimate ¼
parents
Surviving spouse
Legitimate 1/8 ¼ ½
parents
Surviving spouse
Illegitimate
children
Illegitimate ½ (divided
children alone by no. of
children)
Illegitimate 1/3 1/3 (divided
children by no. of
Surviving spouse children)
Surviving spouse ½ or 1/3 if
alone marriage in
articulo
mortis
Illegitimate ½
parents alone
Illegitimate ¼ ¼
parents
Surviving spouse

Remedy of compulsory heir in case of impairment of legitime:

1. If the impairment is total them 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 & reduction of devises and legacies)
2. If the impairment is partial, then the compulsory heirs is entitled to completion of
legitime under Article 906
3. If the impairment is thru donation, then remedy is collation.

RESERVA TRONCAL – It is that part of the decedent’s property that an ascendant, who
inherits by operation of law from his descendants which the latter may have acquired by
gratuitous title from another ascendant or sibling, is obliged by law to reserve such
property for the benefit of 3rd degree relatives who belong to the line from which the
property which otherwise will go to certain specific heirs but which law reserves to
certain predetermined heirs.

Order of payment in case estate is INSUFFICIENT to cover legacies & devises

1. Remuneratory legacies or devises
2. Preferential legacies or devises declared by testator
3. Legacies for Support
4. Legacies for Education
5. Legacies or devises for Specific, determinate thing
6. All others, pro-rata

Causes for legal or intestate succession

1. Person dies without a will
2. Person dies with void will
3. Person dies with a will that subsequently loses validity
4. Will doesn’t institute an heir or institution is void
5. Will doesn’t dispose of ALL property belonging to the testator
6. Suspensive condition attached to the institution of the heir doesn’t happen or isn’t
fulfilled
7. Heir predeceases, or repudiates the inheritance
8. Incapacity of the heir

2 fundamental underlying principles in legal or intestate succession

1. Rule of Proximity – nearer exclude the more remote
2. Rule of Equal Division – equal division within the same group

Grounds when the right of representation will be available:

1. Disinheritance
2. Incapacity
3. Predecease

Who can exercise right of representation

1. Intestate succession only: heirs in the collateral line, but only in favor of the
children of siblings
2. Both testate & intestate succession: heirs in the descending line, NEVER in the
ascending line

Order of Intestate succession of a legitimate child, an illegitimate child and an

adopted child
LEGITIMATE CHILD ILLEGITIMATE CHILD ADOPTED CHILD
1 Legitimate child and legitimate child & legitimate child &
legitimate descendants legitimate descendants legitimate descendants
2 Legitimate parents & illegitimate children & illegitimate children &
legitimate ascendants legitimate or illegitimate legitimate or illegitimate
descendants descendants
3 Illegitimate children & left illegitimate parents legitimate or illegitimate
or illegitimate parents & legitimate
descendants ascendants, adoptive
parents
4 Surviving spouse surviving spouse surviving spouse
5 Legitimate siblings, illegitimate siblings, siblings, nephews, nieces
nephews, nieces nephews, nieces
6 Legitimate collateral State State
relatives
7 State
Order of succession & concurrence in intestate succession
INTESTATE HEIR EXCLUDES EXCLUDED BY CONCURS WITH
Legitimate children Ascendants, No one Surviving spouse
& Legitimate collaterals & state Illegitimate children
descendants
Illegitimate children Illegitimate parents, No one Surviving spouse
& Descendants collaterals & state Legitimate children
& legitimate parents
Legitimate parents & Collaterals & state Legitimate children Illegitimate children
legitimate & surviving spouse
descendants
Illegitimate parents Collaterals & state Legitimate children Surviving spouse
& illegitimate
children
Surviving spouse Collaterals other No one Legitimate children
than siblings, Illegitimate children
nephews and nieces Legitimate parents &
Illegitimate parents
Siblings, nephews All other collaterals Legitimate children, Surviving spouse
nieces & state illegitimate children,
Legitimate parents &
illegitimate parents
Other collaterals Collateral remoter in Legitimate children Collaterals in the
within 5th degree degree & state Illegitimate children same degree
Legitimate parents
Illegitimate parents
&
Surviving spouse
State No one Everyone No one

Summary of intestate shares:

1. Legitimate children & legitimate descendants alone
INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate children ½ ½ 1
TOTAL ½ ½ 1

2. One legitimate child and surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate child ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1

3. Legitimate children & surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate children ½ Remaining portion of Whole estate divided
estate after paying equally between total
number of children
plus the surviving
spouse
Surviving spouse Same as share of @ Legitimes to be No. of children plus
legitimate child divided equally the surviving spouse
between total no. of
children plus the
surviving spouse
TOTAL Varies on no. of Varies on no. of 1
children children

4. Legitimate children & illegitimate children

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate children ¼ Remaining portion of Whole estate divided
estate after paying by the ration of 2 for
 each legitimate child
Illegitimate children ½ share of @ Legitimes to be 1 for @ illegitimate
legitimate child divided by the ration child provided that
of 2 for @ legitimate legitimes wouldn’t be
child, 1 for @ impaired
illegitimate child
TOTAL Varies on no. of Varies on no. of
children children

5. One legitimate child, illegitimate children, & surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate child ½ Remaining portion of Whole estate divided
estate after paying by the ratio of 2 @
legitimes to be legitimate child
divided by the ration
of 2 for @ legitimate
child, 1 for @
illegitimate child
Illegitimate child ½ share of @ 1 for @ illegitimate 1 for @ illegitimate
legitimate child child child
Surviving spouse ¼ & 2 for the surviving Legitimes wouldn’t
spouse be impaired
TOTAL Varies depending on Varies depending on 1
no. of illegitimate no. of illegitimate
children children

6. Legitimate children, illegitimate children & surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate children ½ Remaining portion of Whole estate divided
estate, if any after by the ratio of 2 for
paring legitimes to @ legitimate child
be divided by the
ratio of 2 for @
legitimate child
Illegitimate children ½ share of @ legit 1 for @ illegitimate 1 for @ illegitimate
child child child
Surviving spouse ¼ & 2 for the surviving & 2 for the surviving
spouse spouse provided that
legitimes won’t be
impaired
TOTAL Varies depending on Varies depending on 1
no. of illegitimate no. of illegitimate
children children

7. Legitimate parents alone

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate parents ½ ½ 1
TOTAL ½ ½ 1

8. Legitimate parents & illegitimate children

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate parents ½ ½
Illegitimate children ¼ ¼ ½
TOTAL ¾ ¼ 1

9. Legitimate parents & surviving spouse

 INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Legitimate parents ½ ½
Surviving spouse 1/8 1/8 ¼
TOTAL ¾ ¼ 1

10. Legitimate parents, surviving spouse & illegitimate children

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Illegitimate children 1/3 1/6 ½
Surviving spouse 1/8 1/8 ¼
Illegitimate children 1/4 ¼
TOTAL 7/8 1/8 1

11. Illegitimate children alone

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Illegitimate children ½ ½ 1
alone
TOTAL ½ ½ 1

12. Illegitimate children & surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Illegitimate children 1/3 1/6 ½
Surviving spouse 1/3 1/6 ½
TOTAL 2/3 1/3 1

13. Surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Surviving spouse ½ or 1/3 ½ or 1/3 1
TOTAL ½ or 1/3 ½ or 1/3 1

14. Illegitimate parents alone

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Illegitimate children ½ ½ 1

15. Illegitimate parents & surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Illegitimate parents ¼ ¼ ½
Surviving spouse ¼ ¼ ½
TOTAL ½ ½ 1
 16. Siblings, nephews & nieces alone
INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Siblings, nephews, ½ ½ 1
nieces
TOTAL ½ ½ 1

17. Surviving spouse, siblings, nephews & nieces

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE
DISPOSAL SHARE
Surviving spouse ½ ½
Siblings, nephews, ½ ½
nieces
TOTAL ½ ½ 1

Requisites for accretion to take place:

1. Unity of object
2. Plurality of heirs
3. Some of the heirs cannot or are disqualified to accept (R.I.P)
4. Others are accepting &
5. There has been earmarking

Incapacity to succeed because of possible undue influence

1. Priest who heard confession during last illness & his relatives with thin the 4 th
degree & the order, chapter, etc., to which the priest belongs
2. Guardian before final accounts have been approved EXCEPT if an ascendant,
descendant, sibling, spouse
3. Attesting witness to execution of will & their spouses, parents, children or any
one claiming under them
4. Physician, surgeon, nurse who took care of testator during his last illness
5. Individuals, associations, corporations not permitted by law to inherit

Validity and Effect of Legacy/Devise

Thing owned in part by General Rule: Conveys only interest or part owned by testator
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 shld be
considered valid (Balane & Tolentino) - there is an implied
order to acquire & doubts must be resolved in favor of
intestacy
Thing already owned to a. If thing already belonged to legatee/devisee at time of
the legatee/devisee execution of will – legacy/devise is void
(Articles 932-933) 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.
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: deemed
revoked)
Legacy/Devise to remove Valid, if the encumbrance can be removed for a consideration
an encumbrance over a
thing belonging to testator
(Article 932 par 2)
Legacy/Devise of a thing The encumbrance must be removed by paying the debt unless the
pledged or mortgaged testator intended otherwise
(Article 934)

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 adverse 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 & the will of the testator.

Important periods to remember:

1 month or less before making a will
20 years
5 years from delivery to the State
1 month
5 years from the time disqualified person Action for declaration of incapacity & for
took possession
30 days from issuance of order of Must
distribution
1 month form written notice of sale
10 years
5 years from partition
4 years form partition
Testator, 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
recovery of the inheritance, devise or
legacy
signify acceptance/repudiation
otherwise, 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