If there is a valid and effective

institution of heirs, the institution

1. INSTITUTION shall be followed (Article 840). The
instituted heirs shall inherit even if
there is a provision for substitution.

Institution only applies in

testamentary succession. So, in the
will, Look for the heir instituted and
NO.
ask either or all of the ff: Then, follow the wishes of the
 Did he Predecease the testator in his will.
decedent?
 Did he Repudiate his share?
 Is he Incapacitated?

A: YES to either Substitution takes place when the

heir dies before the testator, when
TRY SUBSTITUTION he repudiates his share, and when
he is incapacitated to succeed.

Look for the provision for Substitution

in the Will. Substitution must be The share of the heir who do not
EXPRESS. NO. succeed may either go to the heirs
Is there an express provision of instituted by Accretion, or to the
Substitution? Intestate or legal heirs

YES

NO.
Are there other descendants or 2. SUBSTITUTION TAKES PLACE
representatives of the decedent? Effect: The substitute is subrogated to
the rights of the heir so substituted.

YES.

TRY REPRESENTATION
 Is/Are there
NO. a. Two or more persons are called to
Is there only one heir instituted?
the same inheritance, legacy or devise
jointly or pro indiviso?
b. A vacancy in the inheritance, legacy
YES. or devise as a result of predecease,
incapacity, repudiation, or some other
Ask: cause?
 Did the instituted heir
predecease the decedent?
 Is the heir incapacitated?
 Was he disinherited by the
YES.
decedent?

Who Represents the Predeceased,

Incapacitated, or Disinherited Heir?

Is it

Decedent’s child or Decedent’s parents

3. REPRESENTATION TAKES REPRESENTATION CANNOT

PLACE TAKE PLACE

A compulsory heir in the A compulsory heir in the

descending line, may be ascending line cannot be
represented, when such heir represented.
dies before the testator or is
Ex: If you died single, without
incapacitated to succeed.
issue, and your only
compulsory heirs left are your
Take note: parents. When they die too,
The instituted heir who is a voluntary they cannot inherit thru
heir who prdeceases the testator representation.
cannot be represent- HE TRANSMITS
NOTHING to his own heirs.
The heirs, by representation, only
inherits from the decedent himself.
 TRY ACCRETION

Did the decedent earmark

ACCRETION DOES YES.
or have a specific
NOT APPLY
designation of shares?

NO.

4. ACCRETION APPLIES

As to the vacant portion,[not

transmissible by accretion] Effect:
what applies? his share which becomes a vacant
portion of the inheritance shall be
inherited by his co-heirs, co-devisees
or co-legatees by accretion (Article
1015).
5. INTESTACY.

EFFECT:

If institution, substitution,
representation and accretion all failed,
intestacy will set in. The estate will be
divided in accordance with the rules on
intestacy (Article 960 to 1014).
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[Observe that a living person may be represented. This is so in
case of: (a) incapacity (Art. 1035) (b) disinheritance (Art. 923).].
[Note that Art. 1035 says that the representatives get the
unworthy heir’s legitime. This is because there is no
representation in this case with reference to the free portion.
The free portion may be given: (a) to the substitute, if any (b) to
the co-heirs, in case of intestacy, if accretion is NOT proper.
Upon the other hand, in case of complete intestacy, the right of
representation covers the entire intestate share of the
unworthy heir.].