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.
The lines of a regular succession rank in the following order:

1. Descendants
2. Ascendants
3. Collaterals

When a person dies, his or her property must pass to a living person.
Succession or this passing of property is regulated by the following twin regimes:

 Testate Succession (where the deceased has left a will)

 Intestate Succession (where the deceased has not left any will)

Compulsory Succession

The deceased person is obligated to leave behind a certain portion of his or her estate to specified
relatives at the moment of death. Under the law, the whole value of the deceased’s estate must be
accounted for and half of such value is to be given to his legitimate offspring.

Example 1:

The deceased had two (2) legitimate children, they are required by law to divide equally
among themselves the half of the deceased’s estate. The widow, under Compulsory Succession,
is also entitled to the same amount corresponding to the share of one legitimate child.

*Therefore, applying these rules, the widow and her two legitimate children are entitled
to 1/4  of the estate each. All is well and good up to this point and only 3/4 ths of the total estate
th

has been transferred.

Example 2:

Assume that there suddenly appears an illegitimate child of the deceased who has
conclusively proven his paternity. Is he entitled to any compulsory share?

Answer:

The Civil Code also has this situation covered. It ordains that an illegitimate child
is entitled to ½ the share of a legitimate child. As applied in our example, where the
 legitimate child received 1/4th of the estate, the illegitimate child has the right to claim
1/8th of the property left behind by his father.

Summing up the distributed portions, what is left of the estate is 1/8 th of the total value.
This undistributed value, or in all other cases, the so-called “free portion of the estate,” may be
disposed of through a will under the law on Testamentary Succession.

Testamentary Succession

In the case of a testate succession, the estate of the deceased, after satisfying all existing
obligations, is distributed in the manner set out in the will. Testamentary succession actually
involves three important steps. These are, in chronological order, the probate of the will, its
interpretation, and finally, its execution.

The personal representative or executor needs to obtain a grant of probate to prove that
the will is genuine. The probate allows the executor or personal representative to distribute the
estate of the deceased according to the testament.

As pointed out, in drafting a will, the testator should keep in mind that there should be no
exclusion or much less reduction of the share of compulsory heirs. Secondly, its provisions
should not go against public policy nor a testimonial disposition amount to a crime. Any
provision found to be contrary to law or public policy shall be deemed as not written in the will.

Application:

Is a testimonial disposition granting a property to a common-law spouse valid?

Answer:

The conveyance of property gratuitously to a common-law spouse is

jurisprudentially recognized as an act contrary to public policy. To be exact, it is
prohibited by law as it is a circumvention of a direct provision which disallows donations
to a common- law wife, read together with the doctrine that what cannot be done directly
cannot be done indirectly.

Legal or Intestate Succession

In Legal or Intestate Succession, the law deals with the remaining portion of the estate
undisposed by compulsory succession and undistributed by will. The estate is distributed
according to the laws of intestacy. Under this mode of succession, the concept of Compulsory
Succession is mirrored. Those who are deemed compulsory heirs will once again receive their
corresponding share of the remainder of the estate. This final process finally disposes of the
entirety of the estate and ends the process of succession.

Distribution of an intestate estate is done in the following order:

1. Payments of debts

2. Right to dwelling house

3. Furniture and furnishing

4. Right to cash

5. Legal rights

6. Free estate

Final consideration

It is both a policy of the State to let the property of the deceased pass to his or her rightful heirs
and, in the same breath, to respect the will of testator.