Succession- mode of acquisition by virtue of which 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 by his will
or by operation of law

Definition
1. It is a mode of acquisition
2. Comes from an inheritance(everything a person leaves behind) of a person
3. When are they transmitted: at the moment of death, by virtue of death
4. 2 means by will(testamentary) or by operation of law(in testamentary)

Wills- an act whereby a person is permitted with the formalities

Of the law to control to a certain degree the disposition of his estate to take effect after his death
2 point of interest
A. Must comply with the formalities of the law
B. Permitted to control a certain degree the disposition of his estate(free portion of his estate maybe
given to others the rest are reserved to the legitimes which must be given to compulsory heirs)

2 kinds of wills(both are must be in writing and in the language known to the testator, art 804)
1. Notarial(attested):Must be notarize, art 805
Requirements(at least 4 persons in the room)
A. It must be signed or subscribed by the testator
B. The will must be Attested(certification that a person has witnessed a certain act) and
subscribe(mechanical act of signing) by three of more credible witnesses in the presence of the
testator and the other witness
C. Each page must be numbered
D. Each page must be signed by the testator and each of the witnesses
E. Must contain a attestation clause
F. Must be notarized(acknowledge before a notary public)

If the testator ask someone else to sign for him

safeguard
1. It must be under the express direction of the testator
2. It must be in the presence of the testator

2. Holographic- does not require any formalities, 809

Requirement
A. Must be entirely written (no other person must make but the testator)
B. Must be Dated
C. And signed by the testator

Additional requirements after death

Probate proceedings- where the will s must be proven
Requirements
1. Holographic will
A. Must be at least one witness who knows the handwriting and signature of the testator(if contested,
must need at least 3 witnesses or be subject to professional testimony)

Witnesses in a will Qualifications

Art 820: any person of sound mind, of 18 years old, not blind, deaf or mute, able to read and
write.

Those who cannot be a witness

A. Not a domicile in the Philippines
B. Those convicted of falsification of documents, perjury or false statements

Revocation, art 830

3 modes of revocation of will
A. By operation of law
B. By some will or codicil
C. By overt acts
a) Burning
b) Tearing
c) Canceling
d) obliterating
Preterition, art 854
A. Heir must be totally omitted
Effects: heir may still have his legitimes but not to the free portion of the estate
Annul the legacies and devises but the legitime shall be respected
In officious if it exceeds the free portion
If the preterited heir before the testator: Institution of heir shall be official without prejudice to right
to representation

Substitution of heirs
Kinds
A. Simple or common, Art 859, A is instituted as heir, B as a substitute
B. Brief or compendious- Art 860, testator institutes A heir and B&C as substitutes or one substitute
for 2 or more heirs
C. Reciprocal, Art 861, A,BC or anyone will be the substitute
D. Fideicommissary , Art 862, when a testator institutes a 1 st heir known as a fiduciary heir(rights of a
mere usufructuary for a term of specified under the will but if there was none it would depend upon
the fiduciary but not more than the time of his death), an imposes upon him absolute obligation to
preserve and transmit the properties given to a 2nd heir known as the Fideicommissary heir, both must
be living and substitution must not go one degree from the heir originally instituted.863: one degree
means blood relationship(parent or child of the fiduciary heir)
If the Fideicommissary died ahead of the fiduciary, the rights of Fideicommissary
shall be transferred to his heir as long as the transfer is still alive.

 If the testator does not specify the causes of substitution Repudiation, Incapacity, Predecease
 If the testator specifies then substitution shall follow the causes specified
 If a compulsory heir, fideicommissary substitution cannot be transferred

Inheritance- mass universality or the totality of the property rights and obligations left by a person
known as a testator if he leaves a will or a decedent in case no will.

GR: Obligations are not passed to the heirs but taken from the estate of the person

Heir- a person called to succeed either by provision of will or by operation by law

Different kinds of heirs
A. Devisee- receives a devise or any other real property
B. Legatee- receives of legacy which is a gift of personal property
C. Compulsory heir- one who is called to succeed by law to a certain portion of the estate
a) Legitimate and illegitimate descendants( if dies then their heirs shall receive in
representation of such heir)
b) Legitimate ascendants when no children(can only inherent if there is no children)
c) The surviving spouse will always inherit
Disinheritance- the only mode not to inherit a compulsory heir

D. Voluntary- testamentary heir- receives something because the testator included him into a will
E. Legal/ intestate heir- if there is no will

Principle of freedom of disposition

A. If there are no compulsory heir, then the testator is free to distribute, any or all of his property to
anyone he so wishes
B. If there are compulsory heirs then he can only dispose of the free portion of the estate

Determine the free portion

1. Deduct the share of the spouse in the conjugal property to know the legitime
Legitime- is that part of the testators property which he cannot dispose of through
his will

Computation
 1 legitimate child only, 1/2 of the estate is automatically given to him and the other half is the
free portion
 1 legitimate child and 1 of the 1 surviving spouse, 1/2 LC, 1/4 SS, 1/4 free portion
 If there are more than one legitimate child then the half of the estate shall be divided among the
children, the spouse shall receive a share equal to those children and the rest of the estate shall
be the free portion
 Scenario wherein no free portion shall be left for a will, when legitimate children, illegitimate
children and spouse concur
 Share of an illegitimate child shall be equal to 1/2 of the share of a legitimate child
 If no legitimate child, then legitimate parents shall have 1/2
 If there are legitimate parents and illegitimate children, legitimate parents gets 1/2 and
illegitimate children gets 1/4
 Legitimate parents and spouse, 1/2 parents, 1/4 spouse
 Legitimate parents 1/2, surviving spouse 1/8, illegitimate children: 1/4 divide among themselves
 Only illegitimate children 1/2
 Illegitimate children 1/3, spouse 1/3
 Surviving spouse alone 2 scenarios: 1/2 normal situation, in case the spouse married the testator
articulo mortis, if the testator dies not having to live more than 5 years after marriage then, wife
gets 1/3 of the estate

After the legitime has been cleared the free portion shall be given to the successors of the will
provided that
A. Capacity to succeed
B. The heir must be designated by the testator specifically

Intestate succession
4 instances
1. Either a decedent has died without a will
2. Was not able to distribute a will

Determine who inherits

1. Principle of preference of lines- the direct descending line excludes the direct ascending line, the
direct ascending line excludes the collateral line
2. Principle of proximity- those relative nearest in degree in the same line excludes the remote one
3. Relatives in the same degree shall inherit equally
Exception
a) The surviving heirs are paternal and maternal grandparents, the paternal shall
have 1/2 and the maternal shall have 1/2
b) If there brother and sister in full and half blood then the full blood shall have
double the share of the half blood
c) The right of representation- fiction of law by virtue of which the children of an heir
is entitle to inherit from the decedent

How the estate can be divided

No heirs at all, the law provides that the state shall be the heir.

Degree- refers to each generation

Line- series of degrees
Direct line
 Descending line
Ascending line
Collateral line- consist of brothers and sisters

Disinheritance
Grounds, Art 919
A. Child has been found guilty of attempt against the life of testator
B. Child has accused the testator of crime with penalties more than 6 years
C. Child is convicted of adultery of the spouse of the testator
D. Child is guilty of fraud, violence, intimidation or undue negligence that causes the testator to
change the will
E. Refusal without justifiable cause to support parent
F. Maltreatment of the testator
G. Child lives a dishonorable life
H. Conviction of a crime with penalty of civil interdiction