Succession

Definition

- Generic
o Placing of one person in the place of another
o The transmission of rights and properties from one person to another
o Succession may be inter vivos or mortis causa, this will depend upon whether the transfer
is effective during the lifetime of the giver (inter vivos) or after his death (mortis causa)
- Technical Sense
o Is restricted to succession mortis causa.
o It is referred to in the Civil Code. Article 774 is succession mortis causa.
o It is in the limited sense that succession denotes the transfer of title to property under the
laws of descent and distribution, taking place as it does, only on the death of a person
Kinds of Succession

- As to effectivity
o Succession inter vivos (an example is donation)
o Succession mortis causa (Art 774 Civil Code)
- As to whether a will exists or not
o Testamentary (there is an existing will)
o Intestate or legal succession (no will)
o Mixed succession (part of the property has been disposed of in a will)
- As to transferees of property
o Compulsory succession (refer to the legitimate)
o Voluntary succession (refers to the free disposal
- As to the extent of rights and obligations involved
o Universal succession (means covers all juridical relations involving the deceased)
o Particular succession ( covering only certain items or properties
- Special Kind
o Contractual succession – that kind where a future husband and future wife give to each
other future property effective mortis causa, by means of marriage settlement

Law on succession is animated by a Uniform General intents

Being so, no part should be rendered inoperative by, but must be constructed in relation
to, any other part as to produce a harmonious whole.