When legal succession takes place

1. When a person dies without a will, or when the will is void, or when the will has
susebquently lost its efficacy. I which case, legal succession shall take place with respect to the
entire inheritance.

2. When the will does not institute an heir, or when the will does ot dispose of all the
peroperty belonging to the testator. I such a case , legal succession shall take place only with respect
of which property the testator did not dispose.

3. When the suspemsive condition attached to the institution of heir does not happen or is
not fulfilled.

4. when a voluntary hier repudiates the inheritace and there being no Substitution and no
right of Accreetion takes place.

5. when a compulsory heir repudiates because he cannot be represented by an heir.

6. When a voluntary heir dies before the testator or when incapable of succeeding and there
being no substitution and no right of accretion and represeb=ntation.

ISRAI

1. instituted heirs
2. Substitute
3. REpresenttaion
4. accretion
5. Intestacy

Basic Rules of Intestate

1. The direct line excludes the adscending lne; the ascending lne excludes the collateral lines.
Surviving spouse and illegitimate children are concurring heirs.
2. Presence of the illegitmate children excludes the collateral relarives, including brothers
and sisters of the deceased. Presence of ascendnats, descendnats and illegitimate children ,
excludes the collateral relatives.
3. spouse, concur with the brother and sisters, nephews and niecses but exclude the other
collateral relatives like uncle and aunts.
4. The presence of legitimate ascendnats, descendants and illegitimate hildren and adopted
children excludes all the collateral relatives but the surviving spouse does not exclude the brother
/sister, nephews and nieces.
5. Uncles and aunts does not succeed ab intestato so long as nephews and nieces survives.
6. The absence of the descendants, ascendants, illegitimate children, SS, brothers and
sisters, nephews and nieces, collateral relatives within the 5 th degree are called for succession in
exclusion of the sates.