SUCCESSION

DEFINITION OF SUCCESSION (Art. 774, CC)

- It is a mode of acquisition
- by virt
virtue
ue of whic
hich the
the prop
proper
erty
ty,, rig
righhts and obli
obliga
gati
tion
ons
s
- to the
the ex
extent
ent of
of the
the valu
value
e of
of th
the inh
inhereriitanc
tance,
e, of a per
pers
son
- are
are tra
trans
nsmi
mittted
ted thr
thro
ough
ugh hi
his de
death
ath toto an
anothe
otherr or
or ot
others
hers
- either by his will or by operation of law

KINDS OF SUCCESSION
1. Testamentary – that which results from the designation of an heir, made in a will executed in
the form prescribed by law. (Art. 779, CC)
2. Legal or Intestate – that which takes place by operation of law in the absence of a valid will.
3. Mixed – that which is effected partly by will and p artly by operation of law. (Art. 780, CC)

KINDS OF HEIRS
1. Compulsory – those who succeed by force of law to some portion of the inheritance, in an
amount predetermined by law, of which they cannot be deprived by the testator, except by a
valid disinheritance. They succeed regardless of a will.
2. Voluntary or Testamentary – those who are instituted by the testator in his will, to succeed
to the portion of the inheritance of which the testator can freely dispose. They succeed by
reason of a will.
3. Legal or Intestate – those who succeed to the estate of the decedent who dies without a valid
will, or to the portion of such estate not disposed of by will. They succeed in the absence of a
valid will.

I. TESTAMENTARY
TESTAMENTARY SUCCESSION

A. CONCEPT

DEFINITION OF WILL (Art. 783, CC)

- It is 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

B. TESTAMENTARY CAPACITY

TESTAMENTARY CAPACITY
1. All persons who are not expressly prohibited by law (Art. 796, CC)
2. Eighteen (18) years old and above (Art. 797, CC)
3. Of sound mind at the time of the execution of the will (Art. 798, CC)
*Supervening capacity or incapacity does not affect the will.

C. FORMALITIES OF WILLS

KINDS OF WILLS
1. Notarial – an ordinary or attested will (Articles 804-808, CC)
2. Holographic – a handwritten will (Art. 810, CC)

COMMON REQUIREMENTS TO BOTH WILLS (Art. 804, CC)

1. In writing
2. In a langu
language
age or
or dialec
dialectt known
known to the
the testat
testator
or

REQUISITES FOR A VALID NOTARIAL WILL

1. In writing (Art. 804, CC)
2. In a language or dialect known to the testator (Art. 804, CC)
3. Subscribed at the end by the testator himself or by the testator’s name written by some other
person in his presence, and by his express direction (Art. 805, CC)
4. Attested and subscribed by three or more credible witnesses in the presence of the testator and
of one another (Art. 805, CC)
 *Test of Presence: Not whether they actually saw each other sign, but whether they might
have seen each other sign had they chosen to do so considering their mental and physical
condit
condition
ion and positi
position
on with
with relati
relation
on to each
each other
other at the moment
moment of inscr
inscript
iption
ion of each
each
signature. (Jaboneta vs. Gustilo, 5 Phil. 541)
5. Each
Each and every
every page,
page, except
except the last,
last, must be signed
signed by the testato
testatorr or by the person
person
requested by him to write his name, and by the instrumental witnesses of the will, on the left
margin. (Art. 805, CC)
*Exceptions:
a. not needed in the last page if the will
will consists of two or more pages
b. when the will consists
consists of only one page
c. when the will consists
consists of only two pages, the first of which
which contains all dispositions
dispositions and is
signed at the bottom by the testator and the witnesses, and the second page contains
only the attestation
attestation clause duly signed atat the bottom by the witnesses.
witnesses.

*Note: The inadvertent failure of one witness to affix his signature to one page of a testament,
due to the simultaneous lifting of two pages in the course of signing, is not per se sufficient to
 justify denial of probate. (Icasiano vs. Icasiano, 11 SCRA 422)
6. Each and every page of the will must be numbered correlatively in letters placed on the upper
part of each page. (Art. 805, CC) example, page one of five pages
7. It must contain an attestation clause, stating the following (Art. 805, CC)
a. The number
number of pages
pages used upon
upon which
which the will
will is written.
written.
b. The fact that
that the testator
testator signed
signed the will and every page,
page, or caused some other
other person
person to
write his name, under his express direction, in the presence of the instrumental witnesses.
witnesses.
c. All the instrume
instrumenta
ntall witnes
witnesses
ses witness
witnessed
ed and signed
signed the will and all the pages in the
presence of the testator and of one another.
8. It must be acknowledged before a notary public by the testator and the witnesses. (Art. 806,
CC)
* Note: The notary public before whom the will was acknowledged cannot be considered as the
third
third instrume
instrumental
ntal witness since he cannot
cannot acknowledge
acknowledge before himself his having
having signed
signed the
will. To allow such would have the effect of having only two attesting witnesses to the will which
would be in contravention of Articles 805 and 806. (Cruz vs. Villasor, 54 SCRA 31)

ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE DEAF

OR A DEAF-MUTE (Art. 807, CC)
1. Testator
Testator must person
personally
ally read
read the
the will,
will, if able
able to do so.
2. Otherwis
Otherwise,
e, testator
testator shall
shall designate
designate two persons
persons to read the
the will and communica
communicate
te its contents
contents to
to
him in some p racticable manner.

ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE BLIND

(Art. 808, CC)
The will shall be read to the testator twice –
1. Once
Once by one
one of the
the subs
subscr
cribi
ibing
ng witnes
witnesses
ses
2. Once by the notary
notary public
public before
before whom
whom the
the will
will is acknowle
acknowledged
dged

REQUISITES FOR A HOLOGRAPHIC WILL

1. In writing (Art. 804, CC)
2. In a language or dialect known to the testator (Art. 804, CC)
3. Entirely written, dated, and signed by the hand of the testator himself  (Art. 810, CC)

AMENDING A WILL
1. Notarial – only through a codicil
2. Holographic –
a. Disposition
Dispositions
s may be added below
below the signature,
signature, provided
provided that said dispositions
dispositions are also
dated and signed, and everything is written by the hand of the testator himself 
b. Certain
Certain dispositions
dispositions or additional
additional matter
matter may be suppresse
suppressed
d or inserted
inserted provided
provided that such
is signed by the testator and written by the hand of the testator himself 
c. Through
Through a codicil
codicil which
which may either
either be notarial
notarial or hologra
holographic
phic

EFFECT OF INSERTION WRITTEN BY ANOTHER PERSON ON THE VALIDITY OF A

HOLOGRAPHIC
HOLOGRAPHIC WILL WRITTEN BY THE TESTATOR 
When Made Effect
Afte
Afterr the
the exec
execut
utio
ion
n of the
the will
will,, with
withou
outt the
the Insertion is considered not written. The validity
consent of the testator of the will cannot be defeated by the malice or
caprice of a third person.
After the execution of the will, with the consent Will is valid.
of the testator Insertion is void.
After the execution
execution of the will, validated
validated by the Insertion becomes part of the will.
testator by his signature Enti
Entire
re will
will beco
become
mes
s void
void beca
becaus
use
e it did
did not
not
comply
comply with
with the
the requir
requireme
ement
nt that
that it must
must be
 wholly written by the testator.
Cont
Contem
empor
poran
aneo
eous
us to the
the exe
execu
cuti
tion
on of the
the wil
willl Will
Will is void
void becaus
because
e it is not writt
written
en enti
entire
rely
ly by
the testator.

RULES IN CASE OF SUBSEQUENT DISPOSITIONS

Subsequent Disposition Effect
Signed Valid
Not dated
Last disposition is signed and dated
Not signed Void
Dated
Signed Void but it does not affect the validity of the
Not dated other dispositions or the will itself 

QUALIFICATIONS
QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL (Arts. 820 – 821, CC)
1. Of so
sound mi mind
2. Of the
the age
age ofof 18 year
yearss or more
more
3. Not
Not bli
blind
nd,, deaf
deaf or dumb
dumb
4. Able
Able to read
read and
and wri
write
te
5. Domi
Domicicile
led
d in the
the Phil
Philip
ippi
pine
ness
6. Have not
not been convict
convicteded of falsific
falsification
ation of a documen
document,
t, perjury
perjury or false
false testimony
testimony

INTERESTED WITNESS (Art. 823, CC)

- A wit
witnes
ness who
who att
attests
ests to
to the
the exec
execut
utio
ion
n of a wil
will whic
which
h give
gives
s a lega
legac
cy or devi
devis
se to that
that
witness, or his spouse, or his parent or his child.
*Effect: The devise or legacy, insofar as it concerns that witness or his spouse or his parent or his
child, shall be void unless there are
are three other witnesses
witnesses to such will. His competence
competence as a witness
shall subsist.

GOVERNING LAW
As to time Governing Law
Formal Validity Law in force at the time the will is made
Intrinsic Validity Law of decedent’s nationality at the time of his death
(Art. 16, CC)

As to Place
Testator Place of Execution of the Will Governing Law
Filipino Philippines (Art. 16, CC) Philippine Law
Outsid
Outsidee of the Philip
Philippin
pines
es (Art. 1. Law of of the countr
countryy in which
which it is execut
executed;
ed; oror
815, CC) 2. Phil
hilippi
ppine Law
Alien Philippines (Art. 817, CC) 1. Phil
Philip
ippi
pine
ne Law;
Law; or
2. Law of of the Count
Country
ry of which
which tes
testat
tator
or is a citiz
citizen
en
or subject.
Outside the Philippines (Art. 816, 1. Law of of the plac
place
e where
where the
the will
will is execu
executed
ted;; or
CC) 2. Law of thethe place where the testator
testator resides;
resides; or
3. Law of the testat
testator’
or’s
s coun
country
try;; or
4. Phil
hilippi
ppine Law

ASPECTS OF THE WILL GOVERNED BY THE NATIONAL LAW OF THE

DECEDENT (Arts. 16 and 1039, CC)
1. Orde
Orderr of
of suc
succe
cess
ssio
ion
n
2. Capa
Capacicity
ty to
to suc
succe
ceed
ed
3. Amount
Amount of succes
successio
sional
nal right
rights
s
4. Intrinsic
Intrinsic validity
validity of testamen
testamentary
tary provisions
provisions

JOINT WILL
- A single testamentary instrument
- which cocontains the wills of two or
or moreore pe
persons
ons
- jointly executed by them
- eith
either
er for
for the
their
ir reci
recipr
proc
ocal
al bene
benefi
fitt or
or for
for the
the ben
benef
efit
it of a thi
third
rd pers
person
on

MUTUAL WILLS
- Exec
Execut
uted
ed purs
pursua
uant
nt to an agre
agreem
emen
entt betw
betwee
eenn two
two or
or more
more pers
person
onss
- to disp
dispos
ose
e of their
heir prop
proper
erty
ty in a par
partic
ticular
ular mann
mannerer
- each
each in cons
consid
ider
erat
atio
ion
n of the
the oth
other
er sepa
separarate
te wil
wills
ls of
of two
two per
perso
sons
ns whic
which
h are
are rec
recip
ipro
roca
call in thei
theirr
provisions

RECIPROCAL WILLS
- Testators
ors name each oth
other as beneficiaries
- under similar testamentary plans
Note: A will that is both joint and mutual is one executed jointly by two or more persons, the provisions
of which are reciprocal and which shows on its face that the devises are made in consideration of the
other. Such is prohibited under  Art. 819, CC . Prohibition is applicable only to joint wills
wills executed
executed by
Filipinos.

D. CODICIL AND
AND INCORPORATION
INCORPORATION BY REFERENCE
REFERENCE

DEFINITION OF A CODICIL (Arts. 825 – 826, CC)

- It is a supplement or addition to a will
- made after the execution of a will
- and anannexed to
to be ta
taken as a pa
part of the wi
will
- by whi
which
ch any
any dis
dispos
posit
itio
ion
n mad
made
e in
in the
the orig
origin
inal
al will
will is expl
explai
aine
ned,
d, adde
added
d to,
to, or alte
altere
red
d
- It is executed as in the case of a will.

REQUISITES FOR INCORPORATION BY REFERENCE (Art. 827, CC)

1. The document
document or paper
paper referred
referred to in the will
will must be in existence
existence at
at the time of the execut
execution
ion
of the will.
2. The will must
must clearly
clearly describe
describe and
and identify
identify the same,
same, stating
stating among other
other things
things the number
number of 
pages thereof.
3. It must be identif
identified
ied by clear
clear and satis
satisfac
factor
toryy proof as the document
document or paper refer
referred
red to
therein. And
4. It must be
be signed
signed by the testator
testator and
and the witnes
witnesses
ses on each
each and every
every page,
page, except
except in case
case of 
voluminous books of account or inventories.

E. REVOCATION OF WILLS AND

AND TESTAMENTARY DISPOSITIONS

MODES OF REVOKING A WILL (Art. 830, CC)

1. By imp
impli
lica
cati
tion
on of
of law
law
2. By the executi
executionon of a will, codici
codicill or other writi
writing
ng executed
executed as provided
provided inin the case
case of wills
wills
3. By burning,
burning, tearing,
tearing, cancelin
canceling,
g, or obliterating
obliterating the
the will with the intenti
intention
on of revoking
revoking it, by the
testator himself, or by some other person in his presence, and by his express direction

*Note: It must be done any time before the death of the testator. The right of revocation cannot be
waived or restricted. (Art. 828, CC)

LAWS WHICH GOVERN REVOCATION (Art. 829, CC)

PLACE OF REVOCATION TESTATOR’S DOMICILE GOVERNING LAW
In the Philippines Philippines or in some other Philippine Law
country
Outsi
utside
de the Phi
Philippi
ippine
nes
s Phil
hilippi
ppines
nes Phi
Philipp
lippiine Law
Law
Foreign country 1. Law of the place where the will
was made; or
2. Law
Law of the
the plac
place
e in whic
which
h the
testator had his domicile at the
time of revocation.

DOCTRINE OF DEPENDENT RELATIVE REVOCATION

- A revo
revoca
cati
tion
on sub
subje
ject
ct to
to a cond
condit
itio
ion
n does
does not
not rev
revok
oke
e a will
will unl
unles
ess
s and
and unti
untill the
the cond
condit
itio
ion
n
occurs. Thus, where a testator “revokes” a will with the proven intention that he would
execute another will, his failure to validly make a latter will would permit the allowance of 
the earlier will.
- Where the act of destruction is connected with the making of another will so as to fairly
raise the inference that the testator meant the revocation of the old to depend upon the
efficacy of the new disposition intended to be substituted, the revocation will be conditional
and dependent upon the efficacy of the new disposition; and if for any reason, the new will
intended to be made as a substitute is inoperative, the revocation fails and the original will
remain in full force. (Molo vs. Molo, 90 Phil. 37)

F. ALLOWANCE AND DISALLOWANCE

DISALLOWANCE OF WILLS

PROBATE
- It is a spec
specia
iall proc
procee
eedi
ding
ng by
by whic
which
h the
the vali
validi
dity
ty of
of a wil
willl may
may be
be est
estab
abli
lish
shed
ed..

MATTERS TO BE PROVED IN A PROBATE

1. Whethe
Whetherr the
the instru
instrumen
mentt whic
which
h is
is offe
offered
red for probat
probate
e is
is the
the last
last will
will and testa
testamen
mentt of
of the
the
decedent
2. Whethe
Whetherr the
the will
will has
has been
been exec
execute
uted d in
in acco
accorda
rdance
nce with
with the
the formal
formaliti
ities
es prescr
prescribe
ibed
d by
by law
law
3. Whethe
Whetherr the
the testat
testator
or had testam
testament
entary
ary capaci
capacity
ty at the time
time of the
the exec
executi
ution
on of the will
will
 GROUNDS FOR DISALLOWANCE OF A WILL (Art. 839, CC) – FIFU SM
1. If the Formalities required by law have not been complied with.
2. If the testator was Insane, or otherwise mentally incapable of making a will, at the time of its
execution.
3. If it was executed through Force or under duress, or the influence of fear, or threats.
4. If it was procured by Undue and improper pressure and influence, on the part of the beneficiary
or of some other person.
5. If the Signature of the testator was procured by fraud.
6. If the testator acted by Mistake or did not intend that the instrument he signed should be his
will at the time of affixing his signature thereto.
*This list is exclusive.

REVOCATION VS. DISALLOWANCE

REVOCATION DISALLOWANCE
Voluntary act of the testator Given by judicial decree
With or without cause Must always be for a legal cause
May be partial or total Always total except when the ground of fraud or
influence for example affects only certain portions
of the will

G. INSTITUTION OF HEIRS

DEFINITION OF INSTITUTION OF HEIRS (Art. 840, CC)

- It is an act
act by virt
virtue
ue of whic
which
h a tes
testato
tatorr desi
design
gnat
ates
es in his
his will
will
- the person/
on/s who are to succeed him in his pro proper
perty and transmissible right
ghts and
obligations.

REQUISITES FOR A VALID INSTITUTION OF HEIR 

1. Design
Designati
ation
on in will
will of pers
person/s
on/s to
to succee
succeedd
2. Will specif
specificall
ically
y assigns
assigns to such person
person an inchoa
inchoatete share
share in the estate
estate
3. The pers
personon so name
named d has capa
capacit
city
y to succe
succeed
ed
4. The
The will
will is
is form
formalally
ly val
valid
id
5. No vic
vice
e of cons
consenentt is pre
prese
sent
nt
6. No preter
preterition
ition results
results from the effect
effect of such will

THREE PRINCIPLES IN THE INSTITUTION OF HEIRS

1. Equality – heirs
heirs who are instituted
instituted without
without designatio
designation
n of shares shall inherit
inherit in equal parts.
(Art. 846, CC)
2. Individuality – heirs collectively instituted are deemed individually named unless a contrary
intent is proven. (Art. 847, CC)
3. Simultaneity – when the testator calls to the succession a person and his children, they are all
deemed to have been instituted simultaneously
simultaneously and not successively. (Art. 849, CC)i 

INSTITUTION BASED ON A FALSE CAUSE (Art. 850, CC)

- General
General Rule: The stateme
statement
nt of a false
false cause
cause for the
the instit
instituti
ution
on of an heir
heir shall
shall be
considered as not written.
- Exception: If it appears
appears from
from the will that the testat
testator
or would
would not have made such such
institution if he had known the falsity of such cause. In this case, the institution shall be
annulled.

RULES REGARDING A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE (Art. 842,

CC)
1. If testator has no compulsory heirs
a. He cancan give his estat
estate
e to any
any person
person having
having capaci
capacity
ty to succeed.
succeed.
b. He must
must respe
respect
ct restr
restricti
iction
on imposed
imposed by special
special laws.
laws.
2. If testator has compulsory heirs
a. He cancan give
give the disposable
disposable portion
portion to
to strange
strangers.
rs.
b. Legitimes
Legitimes of compuls
compulsory
ory heirs must be respe
respected.
cted.

CONCEPT OF PRETERITION (Art. 854, CC)

1. There must be a total omission of one, some or all of the heir/s in the will.
2. The omission must be that of a compulsory heir.
heir.
3. The compulsory heir omitted must be of the direct line.
line.
4. The omitted compulsory heir must be living at the time of the testator’s death or must at least
have been conceived before the testator’s death.
 EFFECTS OF PRETERITION
PRETERITION (Art. 854, CC)
1. The inst
institu
itutio
tion
n of the
the heir
heir is
is annull
annulled.
ed.
2. Devises
Devises and legacie
legacies
s shall
shall remain
remain valid as long
long as they
they are not inoffic
inofficious.
ious.
3. If the omitted
omitted compulsor
compulsory y heir should
should die before the
the testator,
testator, the instit
institution
ution shall
shall be effectual
effectual,,
without prejudice to the right of representation.

PRETERITION VS. DISINHERITANCE

PRETERITION DISINHERITANCE
Tacit deprivation of legitime Express deprivation of legitime
Presumed to be involuntary as it is an omission to Always voluntary
ment
mentioion
n an heir
heir or thou
thoughgh ment
mentioione
ned,
d, is not
not
instituted as an heir. But it may also be voluntary.
Pres
Presum
umed
ed by law
law to be a mere mere over
oversi
sigh
ghtt or Legal cause is present
mistake
The omitted compulsory heir gets his legitime plus Even a compulsory heir may be totally excluded. If 
his share in the free portion not disposed of by disinheritance is not lawfully made, the compulsory
way of legacies and devises. heir is restored to his legitime.

EFFECTS OF PREDECEASE, INCAPACITY, REPUDIATION

HEIR PREDECEASE INCAPACITY REPUDIATION
Voluntary No right transmitted to the No right transmitted to the Voluntary heir who
heirs of the voluntary heir. heirs of the voluntary heir. repudiated cannot
transmit
transmit any right
right to his
own heirs.
Compul
Compulsor
sory
y Right
Right to
to the
the legit
legitime
ime and not to Comp
Compul
ulso
sory
ry heir
heir may
may be Comp
Compululso
sory
ry heir
heir who
who
the free portion transmitted to repres
represent
ented
ed but only
only with
with repudiated cannot
the
the repr
repres
esen
enta
tati
tive
ves
s of the
the respect to his legitime. transmit
transmit any right
right to his
compulsory heir. own heirs.

KINDS OF INSTITUTIONS
1. Simple or Pure – the rights to the succession are transmitted from the moment of the death of 
the decedent. (Art. 777, CC)
2. Conditional – may be potestative, causal or mixed. (See Arts. 871 – 884)
*Disposicion Captatoria – disposition made upon the condition that the heir shall make some
provision in his will in favor of the testator or of any other person. This is void. (Art. 875, CC)
3. With a Term – designation of the day or time when the effects of the institution of an heir shall
commence or cease. (Art. 885, CC)
4. Modal – institution where the testator states the following: (Art. 882, CC)
a. the object
object of the instit
instituti
ution;
on; or
b. the purpose
purpose of
of the applic
application
ation of
of the propert
property
y left by the testat
testator;
or; or
c. the char
charge
ge impos
imposeded by the
the creato
creatorr upon
upon the heir
heir..
*Doctrine
*Doctrine of Constructiv
Constructive e Compliance
Compliance – When without the fault of the heir, the modal
institution cannot take effect in the exact manner stated by the testator, it shall be complied
with in a manner most analogous to and in conformity with his wishes. (Art. 883, CC)

H. SUBSTITUTION OF HEIRS

DEFINITION OF SUBSITUTION (Art. 857, CC)

- It is th
the appointment of another heir
- so tha
thatt he
he may
may ent
enter
er into
into the
the inhe
inheri
rita
tanc
nce
e in
in def
defau
ault
lt of the
the heir
heir orig
origin
inal
ally
ly ins
insti
titu
tute
ted.
d.

CLASSES OF SUBSITITUTION
1. Vulgar or Simple – the testator may designate one or more person/s to substitute the heir/s
instituted in case such heir/s should: (Art. 859, CC)
a. die before him (predecease)
 b. should not wish to accept the inheritance (renounce)
c. should be incapacitated to accept the inheritance (incapacitated)
2. Brief or Compendious (Art. 860, CC)
a. Brief -
Brief - two or more persons designated by the testator to substitute for only one heir.
 b. Compendious – One person is designated to take the place of two or more heirs.
3. Reciprocal – If the heirs instituted in unequal shares should be reciprocally substituted, the
substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it
clearly appears that the intention of the testator was otherwise. If there are more than one
substitute, they shall have the same share in the substitution as in the institution. (Art. 861,
CC)
4. Fideicommissary – if the testator institutes an heir with an obligation to preserve and to
deliver to another the property so inherited. The heir instituted to such condition is called the
 first heir or the fiduciary heir,
heir, the one to receive the property is the fideicommissary or the
second heir. (Art. 863, CC)

REQUISITES FOR A FIDEICOMMISSAR

FIDEICOMMISSARY
Y SUBSTITUTION (Arts. 863 – 865, CC)
1. A fiduciary
fiduciary or first
first heir instit
instituted
uted entrus
entrusted
ted with the
the obligation
obligation to preserve
preserve and to to transmit
transmit to a
fideicommissary substitute or second heir the whole or part of the inheritance.
2. The substit
substitution
ution must
must not go beyond
beyond one degree
degree from
from the heir
heir original
originally
ly institute
instituted.
d.
3. The fiduciar
fiduciary
y heir and the fideic
fideicommis
ommissary
sary are living
living at the time
time of the death
death of the testator
testator..
4. The fidei
fideicommi
commissar
ssaryy substitut
substitution
ion must
must be
be express
expresslyly made.
made.
5. The fideicom
fideicommiss
missary
ary substitu
substitution
tion is imposed
imposed on the free
free portion
portion of the estate
estate and
and never on the
legitime.

I. LEGITIMES

DEFINITION OF LEGITIME (Art. 886, CC)

- It is that
that part
part of the
the tes
testa
tato
tor’
r’s
s pro
prope
pert
rty
y whi
which
ch he cann
cannot
ot disp
dispos
ose
e of 
of 
- beca
becaususe
e the
the law
law has
has reser
eserve
ved
d it
it for
for his
his com
compu
puls
lsor
ory
y hei
heirrs

CLASSES OF COMPULSORY HEIRS (Art. 887, CC)

1. Primary – those who have precedence over and exclude other compulsory heirs
a. Legitimat
Legitimate
e children
children and legitimate
legitimate descendan
descendants
ts with respect
respect to their
their legitimate
legitimate parents
parents
and ascendants
2. Secondary – those who succeed only in the absence of the primary compulsory heirs
a. Legitimat
Legitimatee parents
parents and legitimat
legitimatee ascendants
ascendants withwith respect
respect to their legiti
legitimate
mate children
children
and descendants
b. Illegitim
Illegitimate
ate parent
parents
s with respec
respectt to their
their illegit
illegitimat
imate
e children
children
3. Concurring – those who succeed together with the primary or the secondary compulsory heirs
a. Wido
Widow w or wid
widow
owerer (le
(legi
giti
tima
mate te))
b. Illegitim
Illegitimate
ate children
children and illegitim
illegitimate
ate descendan
descendants
ts

COMPULSORY HEIRS
If the test
estator
ator is a LE
LEGITI
GITIMAMATETE CH
CHIL
ILD
D If the test
testa
ator
tor is
is an
an ILL
ILLEG
EGIT
ITIM
IMAT
ATE E CHI
CHILD
LD
1. Legitimate children and descendandants 1. Legit
gitimate childre
dren and descendants
2. In defa
defaul
ultt of no.
no. 1, legi
legiti
tima
mate
te pare
parent
nts
s and
and 2. Illegitimate children and descendants
ascendants
3. Su
S urviving spouse 3. In default of nos. 1-2, illegitimate parents only
4. Illegitimate children and descendants 4. Surviving spouse

RULES
1. Direct Descending Line
a. Rule of preference between lines - Those in the direct descending line shall exclude
those in the direct ascending and collateral lines, and those in the direct ascending line
shall, in turn, exclude those in the collateral line.
 b. Rule of proximity – the relative nearest in d egree excludes the farther one
c. Right
Right of repres
represent
entati
ation
on ad infini tum in case
infinitum case of pred
predec
ecea
ease
se,, inca
incapa
paci
city
ty or
disinheritance. For decedents who are legitimate children, only the legitimate descendants
can repres
represent
ent.. For decede
decedents
nts who are illegi
illegitim
timate
ate childr
children,
en, both
both the legit
legitima
imate
te and
illegitimate descendants can represent.
d. If all the legitimate children repudiate their legitime, the next generation of legitimate
descendants succeed in their own right.
2. Direct Ascending Line
a. Rule of division by lines
 b. Rule of equal division – the relatives who are in the same degree shall inherit in
equal shares
3. Non-impairment of legitime

SUMMARY OF LEGITIMES OF COMPULSORY HEIRS

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

STEPS IN DETERMINING THE LEGITIME OF COMPULSORY HEIRS

1. Determine the gross value of the estate at the time of the death of the testator.
2. Determine all debts and charges which are chargeable against the estate.
3. Determine the net value of the estate by deducting all debts and charges from the gross value
of the estate.
4. Collate or add the value of all donations inter vivos to the net value of the estate.
5. Determine the amount of the legitime from the total thus found.
6. Impute the value of all donations inter vivos made to compulsory heirs against their legitime
and of the value of all donations inter vivos made to strangers against the disposable free
portion and restore it to the estate if the donation is inofficious.
7. Distribute the residue of the estate in accordance with the will of the testator.

REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME

1. If the impairment is total,
total, then there may be preterition if the compulsory heir omitted is either
an ascendant
ascendant or descendan
descendant.t.   Art. 854, CC  would
Art. 854, would come
come in to play,
play, i.e.,
i.e., there
there will
will be an
annulment of the institution of heirs and a reduction of devises and legacies.
2. If the impairment is partial,
partial, then the compulsory heir is entitled to completion of legitime under
 Art. 906, CC .
3. If the impairment is through donation,
donation, the remedy is collation.

CONCEPT OF RESERVA TRONCAL (Art. 891, CC)

- The as
ascendant wh who ininherits frfrom hi
his de
descendant
- any
any pro
prope
pert
rty
y whi
which
ch the
the lat
latte
terr may
may have
have acqu
acquir
ired
ed by grat
gratui
uito
tous
us tile
tile
- from anoth
other as
ascendant, or or a brother or
or si
sister,
- is obliged to reserve such property
- as he
he may ha
have acquired by by opoperation of
of la
law
- for
for th
the ben
benef
efit
it of rela
relati
tive
vess wit
within
hin th
the thi
third degr
degreee
- and
and wh
who be
belong
ong to to th
the lin
line
e fr
from whic
whichh sai
said
d pro
prope
perrty came
ame.

REQUISITES FOR RESERVA TRONCAL (Chua vs. CFI, 78 SCRA 406 and Gonzales
vs. CFI, 104 SCRA 161)
1. that the property was acquired by a descendant (prepositus) from an ascendant or from a
brother or sister (source) by gratuitous title
 2. that
that the prepo
preposit
situs
us died
died witho
without
ut an iss
issue
ue
3. that the property is inherited by another ascendant (reservista) by operation of law
4. that there are relatives within the 3 rd degree (reservatarios) belonging to the line from which
said property came
(Source)
B E
A F

C G (Reservista)
(Reservatario) D

(Prepositus)

J. DISINHERITANCE

DEFINITION OF DISINHERITANCE (Art. 915, CC)

- It is the act by which the testator
- for just cause
- depr
depriives
ves a compu
ompullsory
sory heir
eir of
of his
his right
ght to
to the
the legi
egitim
time.

REQUISITES FOR A VALID DISINHERITANCE

1. Heir
Heir disinhe
disinherit
rited
ed must
must be designat
designated ed by name or in such a mannermanner as to leave
leave no room for
doubt as to who is intended to be disinherited.
2. It must
must be for
for a caus
cause e desig
designat
nateded by law.
law.
3. It mus
mustt be mad
made e in a vali
valid
d will
will..
4. It must
must be made
made expressl
expressly, y, stating
stating the
the cause
cause in the
the will itsel
itself.
f.
5. The cause
cause must
must be certain
certain and true,
true, and
and must be proved
proved by the inter
intereste
ested
d heir if the
the person
person
disinherited should deny it.
6. It must
must be unco
uncond
ndititio
iona
nal.
l.
7. It mus
must be
be tot
tota
al.

SUMMARY OF CAUSES OF DISINHERITANCE

CHILDREN /
PARENTS / Spouse UNWORTHINESS
DESCENDANTS
GROUNDS FOR  DISINHERITANCE ASCENDANTS (ART . (Art. 921, (ART . 1032,
(ART . 919,
920, CC) CC) CC)
CC)
1 Guil
Guilty
ty/c
/con
onvivict
cted
ed of att
attem
empt pt
against life of  *
* * *
testator/spouse/
ascendant/descendant
2 Accu
Accusesedd tes
testa
tato
tor/
r/de
dece
cede
dentnt
of crime punishable by
*
imprisonment of 6 years or * * *
more, found groundless,
false
3 Caus
Causeses tes
testa
tato
tor/
r/de
dececede
dent
nt toto
make will or change one by *
* * *
fraud, violence, intimidation,
or undue influence
4 Unju
Unjuststif
ifie
iedd ref
refus
usal
al to
* * *
support testator
5 Conv
Convicicte
ted d of adul
adulte
tery
ry or
or
*
concubinage with spouse of  * *
testator/decedent
6 Malt
Maltre
reat
atme
mentnt of tes
testa
tato
torr by
by
*
word and deed
7 Lead
Leadining
g a dish
dishon
onor
orab
able
le or
or
*
disgraceful life
8 Conv
Convicicti
tion
on of crim
crime e whic
which h *
carries penalty of civil
 interdiction
9 Aban
Abando donm
nmenentt of chil
childr
dren
en or
inducing children to live *
*
corrupt and immoral life or
attempted against virtue
10 Loss of parental authority * *
11 Atte
Attemp
mptt byby one
one pare
parent
nt
against life of the other
UNLESS there is *
reconciliation between
parents
12 Spou
Spouse sess giv
given
en caus
cause e for
for
*
legal separation
13 Fail
Failur
ure e to
to rep
repor
ortt vio
viole
lent
nt
death of decedent within
*
one month, unless
authorities have already
taken action
14 Forc
Force,
e, viol
violen
encece,, intim
intimid
idat
atio
ion
n
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 Fals
Falsif
ifie
ies
s or
or for
forge
ges s a
*
supposed will of the
decedent

REVOCATION OF DISINHERITANCE
1. Reco
Reconcncil
ilia
iati
tion
on
2. Subsequent
Subsequent instituti
institution
on of
of the
the disinheri
disinherited
ted heir
3. Nullity
Nullity of the will which
which contains
contains the disinheri
disinheritance
tance

*Note:
*Note: The moment the testator uses one of the acts of unworthiness as a cause for disinheritance, he
thereby
thereby submits
submits it to the rules on disinheri
disinheritanc
tance.
e. Thus, reconciliati
reconciliation
on renders
renders the disinheritanc
disinheritance
e
ineffective.

K. LEGACIES AND DEVISES

PERSONS CHARGED WITH LEGACIES AND DEVISES

1. Comp
Compululso
sory
ry hei
heirr
2. Volu
Volun
ntary
tary heir
eir
3. Lega
Legate
tee
e or
or dev
devis
isee
ee
4. Estate

VALIDITY AND EFFECT OF LEGACY OR DEVISE

STATUS OF PROPERTY GIVEN BY EFFECT ON THE LEGACY/DEVISE
LEGACY/DEVISE
1. Belong
Belonging
ing to the testa
testator
tor at the time
time of the Effective
execution of the will until his death
2. Belonging
Belonging to the testat
testator
or at the time
time of the Revoked
execution of the will but alienated in favor of a 3 rd
person
3. Belonging
Belonging to the testat
testator
or at the time
time of the No revocation. There is a clear intention to comply
execution of the will but alienated in favor of the with the legacy/devise.
legatee or devisee gratuitously
4. Belong
Belonging
ing to the testa
testator
tor at the time
time of the Legatee/devisee can demand reimbursement from
execution of the will but alienated in favor of the the heirs or the estate.
legatee/devisee onerously
5. Not belonging
belonging to the testat
testator
or at the time
time the Effective
will is executed but he has ordered that the thing
be acqu
acquir
ired
ed in orde
orderr that
that it be give
givenn to the
the
legatee/devisee.
6. Not belonging to the testator at the time the will Void
is executed and the testator erroneously believed
that the thing pertained to him.
7. Not belonging
belonging to the testat
testator
or at the time
time the Effective
will is executed but afterwards it becomes his by
whatever title.
8. Already belonged to the legatee/devisee
legatee/devisee at the Ineffective
time
time of thethe exec
execut
utio
ion
n of the
the will
will even
even thoug
though
h
another person may have interest therein
9. Already belonged to the legatee/devisee
legatee/devisee at the Ineffective
time of the execution of the will even though it
may have been subsequently alienated by him.
10.
10. Test
Testat
ator
or had knowl
knowled
edge
ge that
that the thing
thing Legatee/devisee can claim nothing by virtue of the
bequea
bequeathe
thed
d belong
belonged
ed to a third
third person
person and the legacy/devise
legatee/devisee acquired the property gratuitously
after the execution of the will.
11.
11. Test
Testat
ator
or had knowl
knowled
edge
ge that
that the thing
thing Legatee/devisee can demand reimbursement from
bequea
bequeathe
thed
d belong
belonged
ed to a third
third person
person and the the heir or estate.
legatee/devisee acquired the property by onerous
title.

ORDER OF PAYMENT IN CASE THE ESTATE IS INSUFFICIENT TO COVER ALL

LEGACIES AND DEVISES – ART. 911, CC VS. ART. 950, CC
ART. 911 ART. 950
Order of Preference Order of Preference
(LIPO) (RPSESO)
1. Legitime of compulsory heirs 1. R emuneratory
emuneratory legacy/devise
2. Donations Inter vivos 2. Preferential legacy/devise
3. Preferential legacies or devises 3. Legacy for Support
4. All Other legacies or devises
devises pro
 pro rata 4. Legacy for Education
5. Legacy
Legacy/dev
/devis
ise
e of  Specific,
pecific, determina
determinate
te
thing which forms a part of the estate
6. All Others pro
thers pro rata
Application: Application:
1. When
When thethe redu
reduct
ctio
ion
n is nece
necessssar
ary
y to 1. When
When ther
there
e are no com
compu
puls
lsor
ory
y heirs
heirs and
and
preserve the legitime of compulsory heirs the
the enti
entire
re esta
estate
te is dist
distri
ribu
bute
tedd by the
the
from
from impa
impair
irme
ment
nt whet
whethe
herr ther
there
e are
are testator as legacies or devises; or
donations inter vivos or not; or 2. When there are compulsory heirs but their
2. When,
When, althou
although,
gh, the legiti
legitime
me has been
been legitime has already been provided for by
preserved
preserved by the testator himself there the testator
testator and there
there are no donati
donations
ons
are donations inter vivos.
vivos . vivos.
inter vivos.
*Art.
*Art. 911 governs
governs when
when there
there is a confli
conflict
ct *Art
*Art.. 950
950 gove
govern
rns
s when
when the
the ques
questi
tion
on of 
between
between compulsory
compulsory heirs and the devisees
devisees reduction
reduction is exclusivel
exclusively
y among legatees and
and legatees. devisees themselves.
*Note: In case of reduction, the inverse order of payment should be followed.

GROUNDS FOR REVOCATION OF LEGACIES AND DEVISES (Art. 957, CC)

1. Testator
Testator transf
transforms
orms the thing
thing bequeath
bequeathed
ed in such a manner
manner that
that it does not retain
retain either
either the
the
form or the denomination it had.
2. Testator by any title or for any cause alienates the thing bequeathed, or any part thereof, it
being understood that in the latter case the legacy or devise shall be without effect only with
respect to the part alienated. Except:
Except: When the thing should again belong to the testator after
alienation by virtue of the exercise of the right of repurchase.
3. Thing bequeath
bequeatheded is totally
totally lost during
during the lifetime
lifetime of the testat
testator,
or, or after
after his death without
without the
the
heirs’ fault.
4. Other
Other causes:
causes: nullit
nullity
y of the will;
will; non-co
non-compl
mplian
iance
ce with
with suspen
suspensiv
sive
e condit
condition
ions
s affect
affecting
ing the
bequests; sale of the thing to pay the debts o f the deceased during the settlement of his estate.
*Note: List is not exclusive.

II. LEGAL OR INTESTATE SUCCESSION

CAUSES OF VACANCY IN SUCCESSION
1. Disinheritance – the testator creates it himself 
2. Repudiation – the heir does something
3. Incapacity or Predecease – something happens to the heir

HOW VACANCIES ARE FILLED

1. Substitution (Art. 857, CC)
2. Representation (Art. 970, CC)
3. Accretion (Art. 1015, CC)
4. Inte
Intest
stat
ate
e Succ
Succes
essi
sion
on

CAUSES FOR LEGAL OR INTESTATE SUCCESSION (Art. 960, CC)

1. If a per
perso
son
n dies
dies wit
witho
hout
ut a wil
willl
 2. If a person
person dies
dies with
with a void
void will
will
3. If a person
person dies
dies with a will
will which
which has subseq
subsequentl
uently
y lost its
its validity
validity
4. When
When thethe will
will does
does not
not instit
institute
ute an heir
heir
5. When the the will does notnot dispose
dispose of all the property
property belonging
belonging to the testa
testator.
tor. Legal
Legal successi
successionon
shall take place only with respect to the property which the testator has not disposed.
6. If the suspens
suspensiveive condit
condition
ion attach
attached
ed to the institu
institutio
tion
n of the heir
heir does not happen
happen or is not
fulfilled
7. If the
the heir
heir dies
dies befor
beforee the
the testa
testator
tor
8. If the heir
heir repudi
repudiateatess the inheri
inheritan
tance,
ce, there
there being
being no substitu
substitutio
tion,
n, and no right of acc
accret
retion
ion
takes place
9. When thethe heir institu
instituted
ted is incapable
incapable of succeedi
succeeding,
ng, except
except in cases
cases provided
provided in the Civil
Civil Code

FUNDAMENTAL UNDERLYING PRINCIPLES IN LEGAL OR INTESTATE

SUCCESSION
1. Rule of Preference Between Lines – Those in the direct descending line shall exclude those
in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn,
exclude those in the collateral line.
2. Rule of Proximity – the relative nearest in degree excludes the farther one. (Art. 962, CC)
3. Rule of Equal Division – the relatives who are in the same degree shall inherit in equal
shares. (Articles 987 and 1006, CC)
Exceptions:
a. Division in the ascending
ascending line (between paternal
paternal and maternal grandparents)
b. Division among brothers
brothers and sisters,
sisters, some of whom are of the full and others of half-blood
c. Division
Division in cases where
where the right
right of represen
representati
tation
on takes place
place
4. Rule
Rule of Barrier
Barrier betwee
betweenn the legiti
legitimat
matee family
family and the illegi
illegitim
timate
ate family
family – the
the
illegitimate family cannot inherit by intestate succession from the legitimate family and vice-
versa. (Art. 992, CC)
5. Rule
Rule of Double
Double Share
Share for full
full blood
blood collat
collatera
erals
ls – when full and half-blood
half-blood brothers
brothers or
sisters, nephews or nieces, survive, the full blood shall take a portion in the inheritance double
that of the half-blood. (Articles 895 and 983, CC)

RELATIONSHIP (Articles 963 – 969, CC)

1. Number
Number of gener
generati
ations
ons deter
determinmineses proxim
proximity
ity..
2. Each
Each gener
generati
ation
on form
forms s a degre
degree. e.
3. A seri
series
es of
of degre
degreeses form
forms s a line
line..
4. A line
line may
may either
either be direc
directt or coll
collate
ateral
ral..
5. A direct
direct line
line is that constit
constitute
uted d by the
the series
series of degrees
degrees among ascend
ascendant
ants
s and descend
descendant
ants
s
(ascending and descending).
6. A coll
collat
ater
eral
al line
line is that
that consti
constitu tute
ted
d by thethe seri
series
es of degr
degree
ees
s amon
among g pers
persons
ons who are
are not
not
ascendants or descendants, but who come from a common ancestor.
7. Full
Full blood
blood – same
same fathe
fatherr and
and mothe
mother. r.
8. Half-blood
Half-blood – only
only one of either
either parent
parent is the same.
same.
9. In adoption,
adoption, the legal
legal filiation
filiation is personal
personal and
and exists only
only between
between the adopter
adopter and the
the adopted.
adopted.
The adopted is deemed a legitimate child of the adopter, but still remains as an intestate heir of 
his natural parents and other bloo d relatives.

DEFINITION OF THE RIGHT OF REPRESENTATION (Art. 970, CC)

- It is a right created by fiction of law
- by vir
virtu
tue
e of whi
which the
the re
repres
presen
enttative
tive is
is rai
raised to
to the
the plac
place
e and
and degr
degree
ee of
of the
the per
person
represented
- and
and acqu
acquir
ires
es the
the rig
right
htss whic
whichh the
the latt
latter
er wou
would
ld hav
havee if he
he were
were liv
livin
ing
g or if
if he wou
would
ld hav
have
e
inherited.

*Notes:
- In the direct line, representation takes place ad infinitum in the direct descending line,
never in the ascending.
- In the
the coll
collat
ater
eral
al lin
line,
e, rep
repre
rese
sent
ntat
atio
ion
n tak
takes
es pla
place
ce onl
only
y in favor
favor of the
the chi
child
ldre
ren
n of the
the brot
brothe
hers
rs
or sisters (i.e., nephews and nieces) whether of the full or half-blood and only if they concur
with at least one uncle or aunt.

RIGHT OF REPRESENTATION IN TESTAMENTARY SUCCESSION

1. When
When a compul
compulsor
soryy heir
heir in the direct
direct descen
descendin
dingg line
line had predec
predeceas
eased
ed the testat
testator
or and was
survived by his children or descendants.
2. When a compulso
compulsoryry heir in
in the direct
direct descendin
descendingg line is exclude
excluded
d from the inheri
inheritance
tance due
due to
incapacity or unworthiness and he has children or descendants.
3. When
When a compul
compulsor
sory
y heir
heir in the direct
direct descendi
descending
ng line is disinhe
disinheri
rited
ted and he has childre
children
n or
descendants; representation covers only the legitime.
4. A legatee
legatee or devisee
devisee who died afther
afther the death
death of the testator
testator may
may be represent
represented
ed by his heirs.
heirs.

RIGHT OF REPRESENTATION IN INTESTATE SUCCESSION

 1. When a legal
legal heir in the direct
direct descendin
descendingg line had predeceas
predeceased ed the decedent
decedent and was survived
survived
by his children or descendants.
2. When
When a lega legall heir
heir in the
the dire
direct
ct desce
descend
ndining
g line
line is excl
exclude
udedd from
from the
the inhe
inheri
rita
tanc
ncee due
due to
incapacity or unworthiness and he has children or descendants.
3. When brother
brothers s or sisters
sisters had predeceas
predeceaseded the decedent
decedent andand they had children
children or descendan
descendants.ts.
4. When illegiti
illegitimate
mate children
children represen
representt their deceased
deceased illegitim
illegitimate
ate parents
parents in the estate of their
their
grandparents.
5. When nephews
nephews and nieces
nieces inherit
inherit togethe
togetherr with their
their uncles and
and aunts in represen
representation
tation of their
their
deceased parents who are brothers or sisters of said uncles and aunts.

ORDER OF LEGAL OR INTESTATE SUCCESSION

Decedent is a DECEDENT IS AN
Legitimate Child ILLEGITIMATE CHILD DECEDENT IS AN ADOPTED CHILD
1 Legi
Legiti
tima
mate
te chil
child
d and
and Legitimate child and Legitimate child and
Legitimate descendants Legitimate descendants Legitimate descendants
2 Legi
Legiti
tima
mate
te pare
parentnts
s and
and Illegitimate children and Illegitimate children and
Legitimate ascendants Illegitimate descendants Illegitimate descendants
3 Ille
Illegi
giti
tima
mate
te chil
childr
dren
en and
and Illegitimate parents Legitimate or Illegitimate
Illegitimate descendants parents and
Legitimate ascendants,
Adoptive parents
4 Surviving spouse Surviving spouse Surviving spouse
5 Legi
Legiti
tima
mate
te sibl
siblin
ings
gs,, Illegitimate siblings, Siblings,
Nephews, Nephews, Nephews,
Nieces Nieces Nieces
6 Legiti
Legitimat
matee collat
collatera
erall relat
relative
ives
s State State
within the 5 th degree
7 State

CONCURRENCE IN LEGAL OR INTESTATE SUCCESSION

Intestate Heir EXCLUDES EXCLUDED BY CONCURS WITH

Legitimate children and Ascendants, No one Surviving spouse
Legitimate descendants Collaterals and Illegitimate children
State
Illegitimate children Illegitimate parents, No one Surviving spouse
and Descendants Collaterals and Legitimate children and
State Legitimate parents
Legitimate parents and Collaterals and Legitimate ch
children Illegitimate ch
children an
and
Legitimate ascendants State Surviving spouse
Illegitimate pa
parents Collaterals an
and Legitimate children and Surviving spouse
State Illegitimate children
Surviving sp
spouse Collaterals ot
other th
than No one Legitimate children
siblings, nephews and Illegitimate children
nieces Legitimate parents
Illegitimate parents
Siblings
Nephews
Nieces
Siblings, All other collaterals and Legitimate children, Surviving spouse
Nephews State Illegitimate children,
Nieces Legitimate parents and
Illegitimate parents
Other collaterals within Collateral more remote Legitimate children Collaterals in the same
5th degree in degree and Illegitimate children degree
State Legitimate parents
Illegitimate parents and
Surviving spouse
S t at e No one Everyone No one

A MORE DETAILED SUMMARY OF INTESTATE SHARES

1
LEGITIMATE CHILDREN AND LEGITIMATE DESCENDANTS ALONE
 Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE 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 DISPOSAL TOTAL INTESTATE SHARE
Legitimate child ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1

3
LEGITIMATE CHILDREN AND SURVIVING SPOUSE

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

4
LEGITIMATE CHILDREN AND ILLEGITIMATE CHILDREN

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

5
ONE LEGITIMATE CHILD, ILLEGITIMATE CHILD, AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate child ½ Remaining portion of   Whole estate divided by
estate after paying the ratio of 2 for each
legitimes to be divided legitimate child
by the ratio of 2:1 for
each legitimate child
and each illegitimate
child, respectively
Ill
Illegit
egitim
ima
ate chi
chilld ½ sha
share
re of 1 leg
legiitima
timate
te 1 for each illegitimate 1 for each illegitimate
child or ¼ child (see above) child
Surviving spouse ¼ Same share as a Legitimes wouldn’t be
legitimate child impaired
TOTAL Varies depending on Varies depending on 1
no. of illegitimate no. of illegitimate
children children

6
LEGITIMATE CHILDREN, ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate children ½ Remaining portion of   Whole estate divided by
estate, if any after the ratio of 2:1 for each
paying legitimes to be legitimate child and
 divided by the ratio of  illegitimate child
2 for each legitimate respectively
child
Illegitimate ½ share of each legit 1 for each illegitimate 1 for each illegitimate
children child child (see above) child (see above)
Surviving sp
spouse Same share asas on
one Same share as a Same share as a
legitimate child legitimate child, legitimate child, provided
provided legitimes are legitimes are not
not impaired 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 DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½ 1
TOTAL ½ ½ 1

8
LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN

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

9
LEGITIMATE PARENTS AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1

10
LEGITIMATE PARENTS, SURVIVING SPOUSE AND ILLEGITIMATE
ILLEGITIMATE CHILDREN

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½
Surviving spouse 1/8 1/8 ¼
Illegitimate ¼ ¼
children
TOTAL 7/8 1/8 1

11
ILLEGITIMATE CHILDREN ALONE

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

12
ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE 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 ASFREE DISPOSAL TOTAL INTESTATE 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 DISPOSAL TOTAL INTESTATE SHARE
Illegitimate parents ½ ½ 1
TOTAL ½ ½ 1

15
ILLEGITIMATE PARENTS AND SURVIVING SPOUSE
Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Illegitimate parents ¼ ¼ ½
Surviving spouse ¼ ¼ ½
TOTAL ½ ½ 1

16
SIBLINGS, NEPHEWS AND NIECES ALONE
(SPECIAL KIND OF COLLATERAL RELATIVES)

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Siblings, nephews, ½ ½ 1
nieces
TOTAL ½ ½ 1

17
SURVIVING SPOUSE, SIBLINGS, NEPHEWS AND NIECES

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

ORDER OF CONCURRENCE IN THE CASE OF AN ADOPTED CHILD (Art. 190, FC)

SURVIVORS SHARE
Legitimate children As in the case of ordinary intestate succession
Illegitimate children
Surviving spouse
Legitimat
Legitimatee parents
parents or ascendants
ascendants or illegitim
illegitimate
ate ½
parents and

Adopter ½
Legitimat
Legitimate
e parents
parents or ascendants
ascendants or illegitim
illegitimate
ate ½
parents
Adopter

Surviving Spouse ½
Legitimate parents or ascendants ½
Adopter

Illegitimate children or descendants ½

Legitimate parents or ascendants 1/3
Adopter

Surviving spouse 1/3

Illegitimate children or descendants 1/3

Adopter alone Entire estate
Collateral blood relatives As in the case of ordinary intestate succession

III. PROVISIO
PROVISIONS
NS COMMON
COMMON TO TESTAMENT
TESTAMENTARY
ARY AND INTESTATE
INTESTATE
SUCCESSIONS

A. ACCRETION
 DEFINITION OF ACCRETION (Art. 1015, CC)
- It is a right by virtue of which
- when
when two
two or
or more
more pers
person
onss are
are cal
calle
led
d to
to the
the same
same inhe
inheri
rita
tanc
nce,
e, devi
devise
se or lega
legacy
cy
- the
the part
part assi
assign
gned
ed to one
one who
who reno
renoun
unce
ces
s or
or can
cannonott rec
recei
eive
ve his
his sha
share
re or who
who died
died bef
befor
ore
e the
the
testator
- is adde
added d or inco
incorp
rpor
orat
ated
ed to that
that of his
his co-he
co-heir
irs,
s, co-d
co-devevis
isee
ees,
s, or co-l
co-leg
egat
atee
ees.
s.

EFFECT OF PREDECEASE, INCAPACITY, DISINHERITANCE OR REPUDIATION IN

TESTAMENTARY AND INTESTATE SUCCESSION
CAUSE OF VACANCY TESTAMENTARY SUCCESSION INTESTATE SUCCESSION
LEGITIME FREE PORTION
Predecease 1. Representation 1. Accretion 1. Repr
Repres
esen
enta
tati
tion
on
2. Intestate 2. Intestate 2. Intestate
Succession Succession Succession

Incapacity 1. Representation 1. Accretion 1. Repr

Repres
esen
enta
tati
tion
on
2. Intestate 2. Intestate 2. Intestate
Succession Succession Succession

Disinheritance 1. Representation - -
2. Intestate
Succession

Repudiation Intestate Succession Accretion Accretion

B. CAPACITY TO SUCCEED

REQUISITES FOR CAPACITY TO SUCCEED BY WILL OR BY INTESTACY (Art. 1024

– 1025, CC)
1. The heir,
heir, legatee
legatee or devisee
devisee must be living
living or in existence
existence at the
the moment the
the succession
succession opens;
opens;
and
2. He must
must not
not be incapa
incapacita
citated
ted or disqualifi
disqualified
ed by law
law to succee
succeed.
d.

WHO ARE INCAPABLE OF SUCCEEDING

1. BASED ON UNDUE INFLUENCE OR INTEREST (Art. 1027, CC) - PIGRAP
a. Priest who heard the last confession of the testator during his last illness, or the minister of 
the gospel who extended spiritual aid to him during the same period;
 b. Individuals, associations and corporations not permitted by law to inherit;
c. Guardian with respect to testamentary dispositions given by a ward in his favor before the
final accounts of the guardianship have been approved, even if the testator should die after
the approval thereof; except if the guardian is his ascendant, descendant, brother, sister,
or spouse;
d. R elatives
elatives of the priest or minister of the gospel within the fourth degree, the church, order,
chapter,
chapter, community,
community, organizati
organization,
on, or institut
institution
ion to which such priest
priest or minister
minister may
belong;
e. Attesting witness to the execution of a will, the spouse, parents, or children, or any one
claiming under such witness, spouse, parents, or children;
f. Physician, surgeon, nurse, health officer or druggist who took care of the testator during his
last illness.

2. BASED ON MORALITY OR PUBLIC POLICY (Art. 739, CC)

a. Thos
Those
e made
made in favor
favor of a pers
person
on with
with whom the test
testat
ator
or was
was guil
guilty
ty of adulte
adulteryry or
concubinage at the time of the making of the will.
b. Those made in considera
consideration
tion of a crime
crime of which both the testator
testator and the beneficiar
beneficiary
y have
been found guilty.
c. Those
Those made in favor
favor of a public
public officer
officer or his spouse
spouse,, descen
descendan
dants
ts and asc
ascend
endant
ants,
s, by
reason of his public office.
3. BASED ON ACTS OF UNWORTHINESS (Art. 1032, CC) – See table under disinheritance

PARDON OF ACTS OF UNWORTHINESS

EXPRESS IMPLIED
Made
Made by thethe exec
execut
utio
ion
n of a docum
documen
entt or any
any Effected when the testator makes a will instituting
writing in which the decedent condones the cause the unworthy heir with knowledge of the cause of 
of incapacity incapacity
Cannot be revoked Revoked when the testator revokes the will or the
institution

C. ACCEPTANCE AND REPUDIATION OF INHERITANCE

INHERITANCE
 CHARACTERISTICS
CHARACTERISTICS – VIR (Articles 1041 – 1042, 1056, CC)
1. Voluntary and free
2. Irrevocable except if there is vitiation of consent or an unknown will appears
3. R etroactive
etroactive

REQUISITES (Art. 1043, CC)

1. certai
certainty
nty of deat
deathh of the decede
decedent
nt
2. certai
certainty
nty of
of the righ
rightt to the
the inheri
inheritan
tance
ce

ACCEPTANCE VS. REPUDIATION

1. Acceptanc
Acceptance e involves
involves the confirmatio
confirmation
n of transmission
transmission of successi
successional
onal rights,
rights, while repudia
repudiation
tion
renders such transmission ineffective.
2. Repudiation
Repudiation is equivalen
equivalentt to an act
act of disposi
disposition
tion and
and alienati
alienation.
on.
3. The publicity
publicity requir
required
ed for repudiatio
repudiation
n is necessary
necessary for the
the protection
protection of other
other heirs
heirs and also of 
creditors.

FORMS OF ACCEPTANCE (Articles 1049 – 1050, CC)

1. Express Acceptance – one made in a public or private document.
2. Tacit Acceptance – one resulting from acts by which the intention to accept is necessarily
implied or from acts which one would have no right to do except in the capacity of an heir.
Examples would be when the heir sells, donates or assigns his right, when the heir demands
partition of the inheritance, when the heir alienates some objects of the inheritance, etc.

FORMS OF REPUDIATION (Art. 1051, CC)

1. in a public instrument acknowledged before a notary public; or
2. in an authentic
authentic document
document – equi equiva
vale
lent
nt of an indu
indubi
bita
tabl
ble
e writ
writin
ing
g or a writ
writin
ing
g whos
whose
e
authenticity is admitted or proved; or
3. by petition presented
presented to the court having
having jurisdicti
jurisdiction
on over the testament
testamentary
ary or intestat
intestate
e
proceeding

HEIRS IN TWO CAPACITIES (Art. 1055, CC)

- If a pers
person
on is
is cal
calle
ledd to
to the
the same
same inhe
inheri
rita
tanc
nce
e as an heir
heir by wil
willl and
and by
by law
law and
and he
he rep
repud udia
iate
tes
s
the inheritance in his capacity as a testamentary heir, he will be considered to have also
repudiated the inheritance as a legal heir.
- If he
he rep
repud
udia
iate
tes
s it
it as a leg
legal
al hei
heir,
r, wit
witho
hout
ut his
his bein
being
g a tes
testa
tame
ment ntar
ary
y heir
heir,, he may
may stil
stilll acce
accept
pt
it in the latter capacity.

D. COLLATION (Articles 1061 – 1077, CC)

CONCEPT OF COLLATION
- To colla
ollate
te is to bri
bring bac
back or
or to
to re
return
turn to the
the her
hered
ediitar
tary ma
mass
- in fact or by fiction
- prop
proper
erty
ty whi
which
ch cam
came e from
from the
the est
estat
ate
e of the
the dec
decededen
ent,
t, dur
durin
ing
g his
his life
lifeti
time
me by
by dona
donati
tion
on or
or
other gratuitous title
- but
but whic
whichh the
the law
law con
consi
side
ders
rs as an adva
advanc
nce
e from
from the
the inh
inher
erit
itan
ance
ce..

- It is
is the
the act
act by vir
virtu
tue
e of whi
which
ch,, the
the comp
compululso
sory
ry hei
heirr who
who conc
concur
urss with
with oth
other
er com
compu
puls
lsor
ory
y
heirs in the inheritance bring back to the common hereditary mass
- the
the pr
proper
operty
ty whic
whichh th
they may
may hav
havee re
receiv
ceive
ed fr
from the tes
testat
tator
- so that
that a div
divis
isio
ion
n may
may be effe
effect
cted
ed acco
accord
rdin
ing
g to
to law
law and
and the
the will
will of the
the test
testat
ator
or..

OPERATIONS RELATED TO COLLATION

1. Collation – adding to the mass of the hereditary estate the value of the donation or gratuitous
disposition.
2. Imputing or Charging – crediting the donation as an advance on the legitime (if the donee is
a compulsory heir) or on the free portion (if the donee is a stranger).
3. Reduction – determining to what extent the donation will remain and to what extent it is
excessive or inofficious.
4. Restitution – return or payment of the excess to the mass of hereditary estate.

PERSONS OBLIGED TO COLLATE

1. General Rule: compulsory heirs
Exceptions:
a. when the testator
testator should
should have
have so
so express
expressly
ly provided
provided
b. when the
the compulsor
compulsory y heir should
should have
have repudia
repudiated
ted his
his inheritan
inheritance
ce
 2. Grandc
Grandchil
hildre
dren
n who survive
survive with their
their uncles,
uncles, aunts,
aunts, or first
first cousins
cousins and inheri
inheritt by right
right of 
representation
*Note: Grandchildren may inherit from their grandparent in their own right, i.e., as heirs next
in degree, and not by right of representation if their parent repudiates the inheritance of the
grandparen
grandparent,t, as no living person
person can be represen
represented
ted except in cases
cases of disinheri
disinheritanc
tance
e and
incapacity in which case grandchildren are not obliged to bring to collation what their parent
has received gratuitously from their grandparent.

WHAT TO COLLATE
1. Any property
property or right
right received
received by gratuitou
gratuitous
s title during
during the testat
testator’s
or’s lifetim
lifetime.
e.
2. All that
that they
they may have
have received
received from
from the
the decedent
decedent during
during his
his lifetim
lifetime.
e.
3. All that
that their
their parents
parents would
would have
have brought
brought to collat
collation
ion if alive.
alive.

PROPERTIES NOT SUBJECT TO COLLATION

1. Absolutely no collation
a. Expenses for support, education (only elementary and secondary), medical attendance,
even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts.
(Art. 1067, CC)
2. Generally not imputable to legitime
a. Expenses
Expenses incurred
incurred by parents
parents in giving
giving their childre
children
n professiona
professional,
l, vocational
vocational or other
other
career unless the parents so provide, o r unless they impair the legitime.
 b. Wedding
Wedding gifts by parents
parents and ascendants
ascendants consistin
consisting
g of jewelry,
jewelry, clothing,
clothing, and outfit
outfit
except when they exceed 1/10 of the sum disposable by will.

E. PARTITION AND DISTRIBUITON

DISTRIBUITON OF
OF ESTATE (Articles 1078 – 1105, CC)

CONCEPT OF PARTITION (Art. 1079, CC)

- It is th
the separation, division an
and as
assignment
- of a thi
thing
ng held
eld in
in com
commmon amon
amongg th
those
ose to
to who
whom
m it
it may
may belo
belong
ng..
- The thing itself or its value may be div
divided
ded.

WHO MAY EFFECT PARTITION

1. decedent, during his lifetime by an act inter vivos or by will
2. heirs
3. comp
competeten
entt cour
courtt
4. third
third perso
personn design
designate
ated
d by the
the deced
decedent
ent

WHO CAN DEMAND PARTITION

1. compu
ompullsor
sory heir
heir
2. volu
volun
ntar
tary he
heir
3. lega
legate
teee or
or dev
devisisee
ee
4. any person
person who has has acquire
acquired
d interes
interestt in the estat
estate
e

WHEN PARTITION CANNOT BE DEMANDED – PAPU

1. when expressly Prohibited by the testator for a period not exceeding 20 years
2. when the co-heirs Agreed that the estate shall not be divided for a period not exceeding 10
years, renewable for another 10 years
3. when Prohibited by law
4. when to partition the estate would render it Unserviceable for the use for which it is intended

PROHIBITION TO PARTITION
1. The prohibiti
prohibition
on to partition
partition for a period
period not exceeding
exceeding 20 years
years can be imposed
imposed on the legitim
legitime.
e.
2. If the prohibit
prohibition
ion to the parti
partition
tion is for
for more than
than 20 years,
years, the exces
excesss is void.
3. Even if a prohibiti
prohibition
on is imposed,
imposed, the heirs
heirs by mutual agreeme
agreementnt can still
still make the partitio
partition.
n.

PARTITION INTER VIVOS (Art. 1080, CC)

- It is
is one
one that
that mer
merel
ely
y allo
alloca
cate
tes
s spec
specif
ific
ic ite
items
ms or
or piec
pieces
es of
of prop
proper
erty
ty on
on the
the basi
basis
s of the
the pr
pro-
indiviso shares fixed by law or given under the will to heirs or successors.

EFFECTS OF INCLUSION OF INTRUDER IN PARTITION

1. Betw
Betweeeen
n a true
true heir
heir and
and sev
sever
eral
al mist
mistak
aken
en heir
heirss – part
partit
itio
ionn is
is voi
void.
d.
2. Betwee
Between n seve
several
ral true
true heirs
heirs and a mist
mistake
akenn heir
heir – tran
transmi
smissi
ssion
on to mistak
mistakenen heir
heir is void
void
3. Thro
Throug
ughh erro
errorr or mis
mista
take
ke,, shar
share
e of tru
true
e heir
heir is
is allo
allott
tted
ed to
to mist
mistak
aken
en hei
heirr – part
partit
itio
ion
n shal
shalll
not be rescinded unless there is bad faith or fraud on the part of the other persons interested,
but the latter shall be proportionately obliged to pay the true heir of his share. The partition
with respect to the mistaken heir is void.

A VOID WILL MAY BE A VALID PARTITION

1. If the
the will
will was in fact
fact a parti
partitio
tion
n
 2. If the
the benefic
beneficiari
iaries
es of the void will
will were
were legal heirs

IMPORTANT PERIODS TO REMEMBER 

1 month or less before making a will Testator, i f p ub

ublicly known to be i ns nsane, b ur
urden of  
proof is on the one claiming validity of the will
20 years Maximum period testator can prohibit alienation of  
dispositions
5 years from delivery to the State To claim property escheated to the State
1 month To report knowledge of violent death of decedent lest
he be considered unworthy
5 years from the time disqualified person took Action for declaration of incapacity & for recovery of 
possession the inheritance, devise or legacy
30 days
days from
from issu
issuan
ance
ce of orde
orderr of dist
distri
ribu
buti
tion
on Must
Must sign
signifify
y acce
accept
ptan
ance
ce/r
/rep
epud
udia
iati
tion
on othe
otherw
rwis
ise,
e,
deemed accepted
1 month form written notice of sale Right to repurchase hereditary rights sold to a
stranger by a co-heir
10 years To enenforce wa warranty of of ti
title/quality of
of pr
property
adjudicated to co-heir from the time right of action
accrues
5 years from partition To en
enforce wa warranty of of so
solvency of of de
debtor of
of th
the
estate at the time partition is made
4 years form partition Action for rescission of partition on account of lesion