Succession

- 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.

- INHERITANCE:
- property
- transmissible rights
- transmissible obligations


- A. TESTAMENTARY: Notarial Will or Holographic Will
B. LEGAL/ INTESTATE
C. MIXED



- DECEASED: DECEDENT - HEIR:



A. TESTATOR - Heir: Succeeds by universal title
- Compulsory
- Voluntary

- Legatee: Succeeds to a particular personal
property

- Devisee: Succeeds to a particular personal
property


B. INTESTATE - Heir: Legal/ Intestate heirs






- DEATH:

- Actual or Presumed (Art. 390 CC- ordinary presumption: presumed
dead at the end of 10 years or 5 years OR Art. 391 CC- extraordinary
presumption: presumed dead at the time of the disappearance but
actual division takes place only 4 years thereafter)

- mortis causa vs. inter vivos

1
- HEIR

1. Must be alive at the moment the succession opens
2. Must be willing to accept the inheritance.
3. Must be capacitated to inherit. (See Art. 1027 and 1032: Sec. 2, Chapter 4)

- Incapacitated because of possible undue influence (Art. 1027)
- Incapacitated by reason of unworthiness (Art. 1032)