SUCCESSION

A. GENERAL PROVISIONS

1. DEFINITION

i. a mode of acquisition

ii. where property, rights and obligations not extinguished by death

iii. extent: inheritance of a person

- property, rights and obligs existing at time of death AND accrued since opening
of succession

iv. transmitted through his death to another by will or by law

2. TRANSMISSION OF RIGHTS TO SUCCESSION

- from moment of death of decedent

3. KINDS OF SUCCESSORS

i. Heirs

- person called to succession by will or by law

ii. Devisee

- to whom real property is given by will

iii. Legatee

- to whom personal property is given by will

B. TESTAMENTARY SUCCESSION

1. WILLS

i. Definition

- an act; whereby a person controls the disposition of his estate; in accord

with law; effective after his death

ii. Nature

GR – personal act; testator cannot entrust creation to third

EX – testator can entrust to a third:

a. distribution of specific property or money he left in general to specified

classes or causes

b. designation of persons such property or money shall be to whom a is

given

iii. Construction and Interpretation

a. Imperfect Description

1. no person or property answering the description

GR – must be corrected if error arises from the will or extrinsic

evidence
 EX – oral declarations of the testator as to his intentions

2. uncertainty arises from face of the will as to application of provisions

GR – testator’s intention must be ascertained from words of will

EX – oral declarations of the testator as to his intentions

b. Words of Will

1. Ordinary

GR – taken in ordinary and grammatical sense

EX – clear intention to use in another sense

2. Technical

GR – technical sense

EX – contrary intention OR testator was unacquainted with

technical sense

3. Testacy

- of two modes interpreting a will; that in favor of testacy shall

prevail

c. Effect of Invalidity of One Disposition

GR – not result in invalidity of others

EX – presumed testator would not have made others if first invalid was not
made

iv. Passing of Property Acquired After Will was Made

- only when it expressly appears in will that such was testator’s intention

v. Extent of Interest in Devise or Legacy

GR – all interest the testator could devise or bequeath in property disposed

EX – expressly appears in will that testator intended less interest

vi. Governing Law as to Form of Will

- law in force at time made; SUBJECT to ART 16

vii. Qualifications of Testator (Testamentary Capacity and Intent)

i. not expressly prohibited by law

ii. either sex; at least 18yrs of age

iii. sound mind at time of execution (NOC)

1. know nature of estate to be disposed

2. proper objects of his bounty

3. character of testamentary act

GR – presumed that every person of sound mind

 EX – one month or less before making will; testator was publicly known to
be insane – here the burden of proof shifts to plaintiff to prove will
was made during a lucid interval

viii. Form of Will

GR – (WILD SAN)
i. writing

ii. in language or dialect known to testator

*DEFECT IN ATTESTATION OR LANGUAGE

GR – not render will invalid if there is substantial

compliance with reqs

EX – in case of bad faith, forgery, fraud, undue or improper

influence

iii. subscribed by testator himself OR another who writes testator’s

name in latter’s presence and express direction

- testator or agent and witnesses sign every page on left margin;

EXCEPT - last page

iv. attested and subscribed by 3 or more credible witnesses in

presence of testator and one another

*DEFECT IN ATTESTATION OR LANGUAGE

GR – not render will invalid if there is substantial compliance

with reqs

EX – in case of bad faith, forgery, fraud, undue or improper

influence

*QUALI OF WITNESSES

GR – at time of attesting (SANA)

1. sound mind

2. at least 18 yrs or more age

3. not blind, deaf or dumb

4. able to read and write

EX – (disqualified)

1. not domiciled in Phil

2. convicted of falsification of docs, perjury, false

testimony

*Effect of Device or Legacy given to Attesting Witness OR his

spouse, parent, or child

GR – device or legacy is void; BUT person attesting is

qualified as witness

EX – (valid) if there are 3 other competent witnesses to will

 v. acknowledged before a notary public by testator and witnesses

EX – (DB BH)
i. testator is deaf or deaf mute

- he must personally read will; OTHERWISE – designate two

persons to read it and communicate to him in practicable
manner

ii. testator is blind

- will shall be read to him twice; once by a subscribing witness;

again by notary public before whom will is acknowledged

iii. holographic will

1. Form

- written, dated and signed entirely in hand of testator; made

in or out of Phil; need not be witnessed

2. Required Witness in Probate

GR – at least 1 who knows handwriting and signature of

testator

EX – at least 3; if will is contested

*should there be no competent witness – expert

testimony suffices

3. Disposition of Testator Below his Signature

GR – must be dated and signed to be valid

EX – disposition is signed but not dated; BUT last disposition

is signed and dated – it validates former disposition
regardless of time

4. Insertion, Cancellation, Erasure, Alteration (ICEA)

- must be authenticated by testator’s full signature to be

valid

ix. Will Made in Foreign By Filipino

- valid in Phil (subject to probate) if made in accord with – law of country

foreign where he may be

x. Will Made in Foreign By Alien

- valid in Phil (subject to probate) if made in accord with:

1. law of place where he resides

2. law of his country (national law)

3. this Code

xi. Will Made in Phil By Alien

 - valid in Phil (subject to probate) if made in accord with – law of place where
he is citizen his (national law) and may be proved and allowed by his
own country

*here the will is effective as if executed in accord with Phil laws

xii. Joint Wills

- will made by 2 or more; for reciprocal or benefit of third – not allowed in Phil;
even if made by Filipinos in foreign country and is valid there

xiii. Codicil

- supplement to a will made after latter’s execution; executed like a will

xiv. Document Incorporated by Reference of Will

- to be valid as part of will: (SIDE)

1. doc must be existing at time of execution

2. clearly described and identified by will

3. identified by proof

4. signed by testator and witnesses; EXCEPT – voluminous books of

account or inventories

xv. Revocation of Wills and Disposition

1. By Whom Made

- may be made by testator; any time during his lifetime

2. Revocation made in Foreign By one NOT Domiciled in Phil

- valid in Phil if made in accord with:

a. law of place where will was made

b. law of testator’s domicile at time of revocation

c. revocation made in Phil – this Code

3. Causes of Revocation

a. by implication of law

b. by will, codicil or other writing; executed like a will

c. by burning, tearing, cancelling, obliteration (BTCO); with intention

to revoke; by testator OR another in his presence and express
direction; EXCEPT – if made by agent, will is still valid when
its contents, due execution and fact of unauthorized destruction are
established

4. Extent of Revocation

GR – subsequent will not expressly revoking a previous one – annul

only dispositions in prior inconsistent wit with later will

EX – OTHERWISE – revoke previous will in its entirety

5. Effect of Revocation
 a. base on false or illegal cause

- void

b. will revoked contained recognition of illegitimate child

- not affect recognition (valid)

xvi. Republication of Will

- reproduction in a via subsequent will; dispositions in a previous one

void as to form

xvii. Revival of Will

1. Express Revocation of First Will

- a revocation of a second will cannot revive first; EXCEPT – by

another will or codicil

2. Implied Revocation of First Will

- a revocation of second will can revive first

xviii. Allowance or Disallowance

- a will can pass property only when allowed in accord with law

1. Effect of Allowance

- allowance either during lifetime or after death of testator is

conclusive as to due execution; SUBJECT – to right of appeal

2. Causes for Disallowance (FIFUS M)

a. form by law not complied

b. testator was insane or mentally incapable to make will at time of

execution

c. will executed via force, duress, fear or threat

d. will procured via undue influence for beneficiary or other

e. signature of testator procured by fraud

f. testator acted by mistake – did not intend instrument signed to be

his as will at time of signing

2. INSTITUTION OF HEIRS

(including declaration of heirship as decided in Treyes v. Larlar, G.R. No. 232579.

September 8, 2020)
- act; where testator designates in will; person to succeed him; in his
property, rights and obligs

i. Validity of Will Without Institution

- will is still valid even:

a. without an institution

b. institution does not comprise entire estate

 c. person instituted does not accept

d. person instituted is incapacitated to succeed

- here the dispositions made in accord with law shall be complied; while the
remainder shall pass to legal heirs (intestate)

ii. Disposition of Estate by Will

GR – if with compulsory heirs, disposition must not impair the legitime

EX – if without compulsory heirs, disposition made to any person with capacity to

succeed

iii. Manner of Designating Heir

GR – by his name and surname

EX – 2 persons with same name, indicate circumstance for such heir to be

known

iv. Omission of Heir’s Name

- institution is still valid, so long as it designates heir in such that there is no

doubt as to who has been instituted

v. Error in Name, Surname or Circumstance

GR – cannot vitiate institution when if possible to know with certainty person

instituted

EX – several persons with same name and surname have similarity of

circumstances such that person instituted cannot be identified, none of
them shall be heir

vi. Disposition to Unknown Person

GR – void

EX – by an event his identity becomes certain

vii. Determination of Shares

1. Institution Without Designation of Shares

- inherit in equal parts

2. Institution of Brothers and Sisters; Some Full; Some Half Blood

GR – inherit in equal parts

EX – different intention appears

3. Institution of One OR Several Heirs to Aliquot Part Not covering Whole

GR – legal succession shall govern remainder

EX – testator intended they be sole heirs; each part shall be increased

proportionally OR if the aggregate of parts exceed estate, reduced
proportionally

viii. Preterition
 - omission of compulsory heirs in direct line; living at time of execution of
will OR born after death of testator

GR – annul institution of heirs; EXCEPT – the devises or legacies provided not

inofficious

EX – omitted compulsory heir dies before testator, institution is effectual; without

prejudice to right of representation

ex – EX – no right of representation when if it is a voluntary heir who dies before

testator

*REMEDY OF OMITTED HEIR

GR – recover share from part not disposed of by will (free portion)

EX – if insufficient, recover proportionally from shares of other compulsory

heirs

3. SUBSTITUTION OF HEIRS

- appointment of another heir; in default of heir originally instituted

i. Kinds

a. Simple

- appointment of one or more; to substitute an heir who dies before

testator OR does not accept OR incapacitated to succeed (DAI)

GR – simple sub without statement to which case it refers deems to

include all DAI

EX – otherwise provided by testator

b. Brief

- appointment of 2 or more; to substitute for 1

c. Compendious

- appointment of 1; to substitute for 2 or more

d. Reciprocal

- heirs instituted in unequal shares is also reciprocally substituted

GR – substitute acquires share of heir who DAI

EX – otherwise provided by testator

e. Fideicommissary

- a fiduciary (first heir instituted); has oblig to preserve and transmit

inheritance to second heir; (transmit) from time of death of
testator even if second dies before fiduciary, in which case
here second’s right passes to his heirs; with right to be
reimbursed for legitimate expenses; UNLESS – otherwise
provided by testator

a. substitution is not beyond one degree from second heir

b. first and second heirs are living at time of death of testator

 c. cannot burden legitime

d. expressly made

1. Limitations on FS

- ff shall not take effect:

a. FS not mad in express manner

- imposing on fiduciary absolute oblig to deliver

property to second

b. perpetual prohibition to alienate even temporary; beyond

limit in (e)

c. impose on heir charge of paying income or pension to

persons successively; beyond limit in (e)

d. leave to a person hereditary property; to apply or invest; in

accord to secret instructions communicated to him by
testator

2. Effect of Nullity of FS

GR – FS clause deemed not written

EX – institution of heirs first designated still valid

3. Disposition: Testator leaves inheritance to One; while Usufruct to

Another

- valid; BUT in case usufruct is given to several successively – (e)

applies

ii. Obligation of Substitute

GR – sub is subject to same charges and condition imposed on instituted heir

EX –

1. otherwise provided by testator

2. charges or conditions are personal to instituted heir

iii. Disposition: Estate Inalienable during Period

GR – valid if it does not exceed 20yrs

EX – invalid if otherwise

4. TESTAMENTARY DISPOSITION WITH CONDITION OR TERM

- condition or term upon:

i. Institution

- may be made conditionally, for purpose or for cause

ii. Legitime

- cannot be made; OTHERWISE – deemed not imposed

iii. Impossible Condition OR Contrary to law

 - deemed not imposed

iv. Absolute Condition Not to Contract First or Subsequent Marriage

GR – deemed not written; BUT – right to usufruct may be devised of

bequeathed to person during time he must remain unmarried or in
widowhood

EX – imposed on widow by deceased spouse OR latter’s ascendants or

descendants

v. Condition for Heir to make Provision in His Will in Favor of Testator or Third

- void

vi. Fulfilment of Purely Potestative Condition on Heir

GR – as soon as heir learns of testator’s death

EX – condition already complied with cannot be fulfilled again

vii. Fulfilment of Casual or Mixed Condition on Heir

GR – happened or fulfilled at any time before or after death of testator

EX – otherwise provided by testator

ex – EX – happening or fulfilment was at time of execution of will – if

testator was unaware, deemed complied; BUT testator was
unaware, deemed complied only when by nature condition can no
longer exist or complied again

viii. Suspensive Term

- heir acquires right and may transmit them to his heirs prior arrival of term

ix. Fulfilment of Potestative Condition; Negative

- by giving security that he will not do or give; OTHERWISE – oblig to

return whatever received with fruits and interest; here the estate is
placed in administration until condition is fulfilled OR until it is
certain that it cannot be fulfilled OR until arrival of term

x. Institution with Suspensive Condition or Term

- estate is placed in administration until condition is fulfilled OR until it is

certain that it cannot be fulfilled OR until arrival of term

xi. Statement of Object of Institution OR Application of Property OR Charged

Imposed as a Condition

GR – deemed a condition if intended by testator

*here property left may be claimed at once by heir upon giving

security for compliance; OTHERWISE – oblig to return
whatever received with fruits and interest

EX – when without fault of instituted heir, the object of institution as a

condition cannot be effected in manner wished by testator – it shall
be complied with in the most analogous manner

ex – EX – when person interested prevents fulfilment without fault of heir –

condition is deemed complied
 xii. Designation of Day or Time When Institution Commence or Cease

- valid; legal heir is called to succession until arrival of period or its

expiration; EXECPT – that in the former possession can only be
had after security has been given

5. LEGITIME

- part of testator’s property he cannot dispose of; as the law has reserved it for
compulsory heirs

i. Compulsory Heirs

a.

GR – legitimate children and descendant – legitimate parents and

ascendants

EX – in default GR – legitimate parents and ascendants – legitimate

children and descendant

b. widow or widower

c. illegitimate children

ii. Legitimate Children and Descendant

- 1/2 of estate of father or mother; other half may be freely disposed of;
SUBJECT – right of surviving spouse and illegitimate child

iii. Legitimate Parents and Ascendants

- 1/2 of estate of children and descendants; other half may be freely disposed of;
SUBJECT – right of surviving spouse and illegitimate child

GR – if both alive – divided equally; if only one surviving – entire estate

shall pass to survivor

EX – both are dead; BUT there are other ascendants of equal degree of
paternal and maternal lines – divided equally; EXCEPT –
ascendant of different degrees – entire estate shall pass to ones
nearest in degree

*ILLEGITIMATE PARENTS

- having illegitimate child leaving no legitimate or illegitimate descendants

OR surviving spouse

GR – 1/2 of the estate of illegitimate child

EX –

a. only legitimate or illegitimate children are left

- not entitled (excluded)

b. only surviving spouse is left

- 1/4 of the estate; other fourth given to surviving

spouse

iv. Reserva Troncal

 - ascendant inherits from his descendant; any property the latter acquired
gratuitously from another ascendant OR brother or sister – oblig to reserve
such; for benefit of relatives within third degree belong in line from where
property came

v. Surviving Spouse; WITH:

a. One Legitimate Child or Descendant

- 1/4 of the estate; taken from free portion

b. 2 or more Legitimate Children and Descendant

- portion equal to legitime of each legitimate children and descendant;

taken from free portion

c. Legal Separation

- if surviving spouse innocent can inherit if it was deceased which gave

cause for LS; inherit in the aforementioned manners (a, b)

d. Default (a) and (b); BUT with Legitimate Ascendants

- 1/4 of the estate; taken from free portion

e. Illegitimate Children

- 1/3 of the estate; other third given to illegitimate children; remaining third
may be freely disposed of

f. Legitimate Children or Descendant AND Illegitimate Children

- portion equal to legitme of each legitimate children; taken from free

portion

g. Legitimate Parents or Ascendants AND Illegitimate Children

- 1/8 of the estate; 1/4 to the illegitimate children; both taken from the free
portion; remaining 1/8 may be freely disposed of

h. Widow is Only Survivor

GR – 1/2 of the estate; other half may be freely disposed of

EX – marriage between surviving and decedent was in articulo mortis and

testator died within 3mos from marriage – 1/3 of the estate

ex – EX – when both were living as husband and wife for more than 5yrs –
1/2 of the estate

vi. Illegitimate Children; WITH:

a. Legitimate Parents or Ascendants

- 1/4 of the estate; taken from free portion

b. Illegitimate Children Only Survivor

- 1/2 of the estate; remaining half may be freely disposed of

*this right may be transmitted to illegitimate child’s

descendant, legitimate or illegitimate, upon former’s
death
 vii. Depriving Compulsory Heirs of Legitime

GR – testator cannot deprive OR impose burden on the legitime of his

compulsory heirs

*here compulsory heir may recover OR demand full satisfaction OR

reduction of inofficious or excessive dispositions

EX – disinheritance (deprive)

viii. Renunciation or Compromise of Legitime

– void if made to future legitime

*compulsory heir may recover upon death of testator; with oblig to

collate whatever received due to renunciation or compromise

ix. Donations to Children

GR – charged to their legitime

EX –

1. donations made to strangers is charged to free portion

2. donations to illegitimate children shall be reduced if it exceeds free

portion

x. Reduction of Legitime

1. Determine the Legitime

- value of property left at death of testator – (minus) after deducting debts

and charges not included in will + (plus) adding value of donations
subject to collation = NET ESTATE

2. Donations

GR – donations shall be valid so long as it does not impair legitime

EX – (if inofficious or excessive) reducing or annulling devises and

legacies

a. pro rata without any distinction; UNLESS – testator directed that

a certain devise or legacy be paid in preference to others; in
which case it shall not be reduced until latter is applied

b. if device or legacy is usufruct or life annuity whose value is more

than disposable portion

- compulsory heirs may choose: complying with disposition

OR delivering to devisee or legatee part of free
portion

c. if device is indivisible real property

GR – belong to devisee if reduction does not absorb 1/2 of

value

EX – belong to compulsory heirs if reduction absorbs 1/2 of

value

d. if devisee is also a compulsory heir

 – he can keep entire property provided value does not
exceed free portion and his legitime

ex – EX – if heirs or devisees not avail any right in (c) and (d) – any other
heir or devisee who did not have such right may exercise it;
OTHERWISE – property be sold in public auction at instance of
interested party

C. LEGAL OR INTESTATE SUCCESSION

1. GENERAL PROVISIONS

i. Takes Place

a. person dies without will OR with void will OR one subsequently losing
its validity

b. will not institute an heir OR dispose all property of testator; to the extent
of property not disposed of

c. suspensive condition to institution did not happen OR heir dies before

testator OR heir repudiates inheritance; there being no substitution
or accretion

d. heir instituted is incapable of succeeding; EXCEPT – in cases by law

ii. Heirs

GR – testamentary heirs

EX – (in default of GR) legitimate or illegitimate relatives, surviving spouse

and State

iii. Manner of Inheriting

GR – relative nearest in degree excludes more distant ones; SUBJECT –

right of representation

EX – relatives in same degree – inherit in equal shares; SUBJECT – ART

1006, 987 par 2

ex – EX – relatives in same degree; one or some unwilling OR

incapacitated to succeed – his portion accrue to others of same
degree; SUBJECT – right of representation; UNLESS – repudiation
by nearest only OR all relatives called to succeed; those following in
degree shall inherit in their own right NOT by representation

a. RELATIONSHIP

i. Proximity

- determined by generations; each generation is a degree; series of

degrees form a line:

1. Direct

- among ascendants and descendants:

a. Ascending

- unites head of family with those who descend

from him
 b. Descending

- unites person with those from whom he

descends

2. Collateral

- among persons not ascendants and descendants; coming

from common ancestor
ii. Full Blood

- relationship existing between persons having same father and mother

iii. Half Blood

- relationship existing between persons having same father; BUT not

same mother OR vice versa

b. RIGHT OF REPRESENTATION (ROR)

- right; whereby a representative capacitated to succeed is raised to place

and degree of person represented; acquiring rights the latter would
have if living or capacitated to inherit

i. Line

GR – in the direct descending line; NEVER in the ascending line

EX – collateral line only in favor of children of brothers or sisters full or half

1. Only Survivor

- inherit in equal portions

2. Surviving with Uncles and Aunts

- inherit by right of representation

ii. Division of Estate

- per stirpes; the representative shall not inherit more than person
represented would inherit

iii. Extent of Property to be Represented

GR – person renouncing his inheritance

EX – (cannot) heirs repudiating share

2. ORDER OF INTESTATE SUCCESSION

i. Direct Descending Line

a. Children of Deceased

- always inherit; in their own right; in equal shares without distinciton

b. Adopted Child

- inherit from adopter in same manner as legitimate child

c. Children of Deceased with Descendants of Other Children Deceased

 - former shall inherit in own right; WHILE – latter shall inherit by ROR

d. Grandchildren with Other Descendants

GR – inherit by ROR

EX – any one dies leaving heirs; his portion pertaining to him divided in
equal shares

e. Illegitimate Children with Legitimate Children

- in proportion to ART 895

ii. Direct Ascending Line

a. in default of (i)

GR – parents and ascendants; excluding collateral relatives

1. parents if both living inherit in equal shares

2. only one is living succeed to entire estate

EX – in default of parents; ascendants nearest in degree

1. there is more than one of equal degrees; same line; divide

inheritance per capita

2. equal degree; different line; 1/2 to paternal line; WHILE – 1/2 to

maternal line

iii. Illegitimate Children

- in default of (i) and (ii):

a. Only Surviving

- entire estate

b. Illegitimate Child with Descendants of Another Illegitimate Child

Deceased

- former succeed in own right; WHILE – latter by ROR

c. Illegitimate Child with Legitimate Ascendants

- 1/2 estate; regardless of number

*IRON CURTAIN RULE

- illegitimate child cannot inherit intestate; from legitimate children

and relatives of his parents; and vice versa

d. Illegitimate Child Dies

GR – legitimate or illegitimate parents shall inherit his entire estate;

if child’s filiation is duly proved as to both parents; living;
inherit share and share alike

EX – in default of parents; surviving spouse shall inherit his entire

estate

ex – EX – surviving spouse with brothers or sisters and nephews

and nieces; 1/2 of former entire estate; WHILE – 1/2 to latter
iv. Surviving Spouse

- in default of (i) (ii) and (iii):

a. Only Surviving

- entire estate; SUBJECT – to rights of brothers and sisters,

nephews and nieces ART 1001

b. Widow with Legitimate Children or Descendants

- same share as each of the children

c. Widow with Legitimate Parents or Ascendants

- 1/2 of the estate; other half to latter

d. Widow with Illegitimate Children

- 1/2 of the estate; other half to latter or their descendants

legitimate or not

e. Widow with Legitimate Children or their Descendants and Illegitimate

Children or their Descendants Legitimate or not

- same as a legitimate child

f. Widow with Legitimate Ascendants and Illegitimate Children

- 1/4 of the estate; 1/4 – illegitimate children; 1/2 – legitimate

ascendants

g. Widow with Brother or Sister or their Children

- 1/2 of the estate; other half to latter

h. Legal Separation

- not succeed if guilty he gave cause for separation

v. Collateral Relatives (Brothers or Sisters - BS)

- in default of (i) (ii) (iii) (iv):

a. Only Surviving

- entire estate

b. Full Blood

- equal shares

c. BS with Children of Other BS of Full Blood

- former shall inherit per capita; WHILE – former per stirpes

d. BS Full Blood with BS Half Blood

- former shall inherit double to that of latter

e. BS Half Blood; some on Paternal and some on Maternal Side

- equal shares; without distinction as to origin of property

f. Children of BS Half Blood

 - inherit per capita or per stirpes; in accord to rules for BS Full
Blood

g. In Default of (a, b, c, d, e, f)

GR – other collateral relatives inherit without distinction by reason

of relationship by whole blood

EX – right to inherit ab intestato shall not extend beyond 5th degree

in collateral line

vi. State

- in defaults of (i) (ii) (iii) (iv) (v) – State shall inherit the entire estate

GR – after payment of debts and charges; personal property – assigned to

municipality or city where deceased last resided in Phil; WHILE real
property – to municipality or city where situated

EX – decedent never resided in Phil; entire estate assigned to municipality

or city where situated

*property shall be for the benefit of Public School and Public

Charitable Institution in such municipality or city

*REMEDY OF HEIR

- must file a claim to recovery of possession or proceeds if sold; within

5yrs from delivery to State

D. PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION

1. RIGHT OF ACCRETION (legitime, device or legacy)

- right; when 2 or more persons called to the same succession; wherein the share of 1
renounces it OR incapacitated to receive it OR died before the testator; is added
to his co- heirs

i. Requisites for Accretion in Testamentary Succession

a. 2 or more called to the same inheritance or same portion pro indiviso

b. 1 renounces his share OR incapacitated to receive it OR died before

the testator

OTHERWISE

- vacant portion; if there is no substitution; shall pass to legal heirs

ii. Accretion in Intestate Succession

- share of person who repudiates; always accrues to co- heirs in same

proportion they inherit; including all rights and obligs former would
have had

iii. Accretion among Compulsory Heirs (Testamentary)

GR – only when free portion is left to 2 or more OR any 1 and stranger

EX – part repudiated is legitime; co- heirs succeed in own right; NOT by

accretion

2. CAPACITY TO SUCCEED BY WILL OR INTESTACY

 a. heir must be living at moment succession opens; EXCEPT – in ROR

b. not incapacitated by law at time of death if decedent (incapacity by will is

applicable to incapacity by intestacy)

*INCAPACITATED TO SUCCEED (PR GAP P)

1. priest who heard confession of testator during last illness OR
who extended spiritual aid during last illness

2. relatives of such priest within 4th degree OR church such priest

belongs

3. guardian

GR – (void) testamentary disposition given by ward to his

guardian before final accounts of guardianship
approved

EX – (valid) disposition by ward in favor of to guardian who

is his ascendant, descendant, brother, sister or spouse

4. attesting witness to execution of will, the his spouse, parents,

children or anyone claiming under such WSPC

5. physician OR health officer who took care of testator during last

illness

6. persons not permitted by law to succeed

*INCAPACITY TO SUCCEED DUE TO UNWORTHINESS

GR –

1. parents who abandoned their child OR induced daughter to lead

a corrupt or immoral life OR attempted against virtue

2. person convicted of attempt against life of testator, his spouse,

descendant or ascendant

- final judgment is necessary

3. person who accused testator of crime with imprisonment of 6yrs

or more; and accusation is groundless

- final judgment is necessary

4. heir of full age; having knowledge of violent death of testator;

fails to report it to officer of law within 1mos; UNLESS –
latter already taken action; EXCEPT – (rule does not apply) by
law; cases where no oblig to make accusation

- expiration of 1mos necessary

5. person convicted of adultery or concubinage with spouse of

testator

- final judgment is necessary

6. person by fraud, violence, intimidation, undue influence; cause

testator to make a will or change one made
 7. person by same means (6); prevents another from making a will
OR revoking one made OR supplanting, concealing or
altering it

8. person who falsifies or forges will of decedent

EX – (1 – 8) without effect when testator had knowledge of it at time

he made will OR knew it subsequently and condoned in writing

*ART 1035

- owner of estate when; person excluded due to incapacity is a child

or descendant of decedent; having children of descendant

– child or descendant of excluded has right to legitime;

person excluded cannot enjoy usufruct or admin of
property inherited by his child

*ART 1040

- action to declare incapacity and recover inheritance from excluded

heir – within 5yrs from time excluded person took possession

c. capacity to succeed is governed by national law of decedent

i. Child Conceived

- capable of succeeding; provided conceived at time of death of decedent; born

later in accord with ART 41

ii. Corporations; By Will

GR – State is capable of succeeding for religious, scientific, cultural, educational

or charitable purpose

EX – contrary to their charter or law creating them

iii. For Prayers and Pious Works in General; By Will (without specifying application)

- executor with approval of court; deliver 1/2 of estate to church testator belongs;
WHILE – other half to State for religious, scientific, cultural, educational or
charitable purpose

iv. For Poor in General OR Poor of Definite Locality; By Will

GR – limited to poor living in domicile of testator at time of death

*here determination of poor and distribution of estate must be

approved by court (RTC) AND made by:

a. person appointed by testator

b. executor

c. justice of peace, mayor and municipal treasurer; who shall

decide by a majority

EX – otherwise intended by testator

v. For Disqualified Person; By Will

- void; although made under guise of onerous contract or intermediary

 vi. Alienations by Excluded Heir Before Judicial Order of Exclusion

– valid as to third acting in good faith; WITHOUT PREJ – to co- heirs right to
recover damages from excluded heir

vii. Right and Obligs of Excluded Heir

1. right to demand indemnity for necessary expenses made to property

2. if he entered in possession contrary to exclusion – oblig to return property with

accessions

3. ACCEPTANCE AND REPUDIATION OF INHERITANCE

i. Who Can

GR – by person having free disposal of his property

EX –

1. minor or incapacitated

- accepted by parents or guardians; repudiated by latter only

with judicial authorization

2. poor

- accepted by person designated in ART 1030

3. corporations

- accepted by lawful representative; repudiated by latter only

with judicial authorization

4. public official establishment

- accept or repudiate only with government authorization

5. deaf- mutes

a. Can Read and Write

- accept or repudiate personally or via agent

b. Cannot Read and Write

- accepted by guardians; repudiated by latter only with

judicial authorization

ii. Acceptance:

1. expressly

- in a public or private document

2. implied (tacit)

- acts indicating intention to accept

*Acts of mere Preservation or Provisional

Administration as Implied Acceptance

GR – not implied acceptance

EX – via such acts title or capacity of heir is assumed

 *PRESUMPTION OF ACCEPTANCE

a. heir sells, donates, assigns his right to stranger or co heirs or any

of them

b. heir renounces; even gratuitously; to his co- heirs

c. heir renounces for a price; to his co- heirs indiscriminately;

EXCEPT – (no acceptance) if renunciation is gratuitous and
co- heirs are those upon whom portion renounced should
devolve by accretion

iii. Repudiation

1. made:

a. in public or authentic (private) document

b. by petition to court taking testamentary or intestate proceedings

2. Heir Repudiates to Prejudice own Creditors

- creditor may petition court to accept for heir; for their benefit;
extent amount of credits; EXCEPT – excess does not belong
to renouncer; BUT – to persons in accord with law

3. Heir Dies without Accepting or Repudiating

- this right shall be transmitted to his heirs

4. Heir called to Same Inheritance; By Will and Intestate

GR – repudiation as testamentary heir carries is repudiation in both

capacities

EX – repudiation as intestate heir; without knowledge he is a

testamentary heir may still accept in latter capacity

iv. Nature of Acceptance or Repudiation Once Made

GR – irrevocable and cannot be impugned

EX – made via any cause vitiating consent OR unknown will appears

v. When to Accept or Repudiate

- within 30d after court issued order for distribution of estate; heirs shall
signify WON to accept or repudiate; OTHERWISE – deemed to
have accepted

vii. Effect of Acceptance or Repudiation

- shall always retroact to moment of death of decedent

4. COLLATION

- computation of legitime of heirs on account of partition

GR – oblig of a compulsory heir succeeding with other compulsory heirs; to bring

into estate property or right received from decedent; during latter’s lifetime
by donation or any gratuitous title
 i. grandchildren inherit from grandparents via representation of parents;
with uncles, aunts or cousins

a. collate all their parents would have bring if still alive; even if
grandchildren have not inherited such

b. collate all they have received from grandparents during his

lifetime; UNLESS – testator otherwise provide without
prejudice to legitime

ii. sums paid by parents in satisfaction of debts of child, election expenses,

fines, similar expenses

iii. donation by both parents – 1/2 collated to inheritance of father; other

half collated to inheritance of mother; EXCEPT – if given by only
one – collated to his inheritance

EX – (no collation)

i. among compulsory heirs if donor expressly provided OR done

repudiates inheritance; UNLESS donation is reduced as inofficious

ii. property left by will not subject to collation if testator not provide
otherwise; BUT – legitime must remain unimpaired

iii. parents not obliged to collate in inheritance of their ascendant property

donated by latter to their children

iv. donations to spouse of child; EXCEPT – if donated to spouse jointly;

child oblig to collate 1/2 of thing donated

v. expenses for support, education, medical attendance even in

extraordinary illness, apprenticeship, ordinary equipment or
customary gifts

vi. expenses by parents for children’s professional, vocational or career;

UNLESS – parents so provides OR impair legitime; deducting sum
child would have spent if he lived in house and company of parents

vii. wedding gifts by parents and ascendants; jewelry, clothing, outfit; NOT
be reduced as inofficious; EXCEPT – exceed 1/10 of free portion

*ART 1071

- object of collation

GR – same things donated are not required; ONLY value at time of

donation even if not assessed

EX – subsequent increase or deterioration even if accidental or culpable;

for the benefit and risk of donee

*ART 1073

- reduction of donee’s share of estate (after collation)

GR – by amount equal to that already received by him; and his co- heirs
shall receive equivalent

EX – if GR is impracticable
 1. property donated is immovable – co- heirs entitled to equivalent
cash or security; at a rate of quotation; UNLESS – there is
neither cash or security – other property sold at public auction

2. property donated is movable – co- heirs entitled to select an

equivalent other personal property of inheritance at just price

*ART 1075

- fruits and interest of property subject to collation – pertain to estate only from
day succession is opened

*ART 1076

- donee’s right to reimbursement

GR – co- heirs are bound to reimburse donee for necessary expenses to

property donated OR if immovable – expenses to improve
increasing value of property and existing at time of partition

EX – (no reimbursement) expenses for mere pleasure; WITHOUT PREJ

to donee’s right to remove if he can without injury to estate

*ART 1077

- effect of an issue on collation to distribution of estate – distribution of estate

shall not be interrupted by such upon giving of adequate security

5. PARTITION AND DISTRIBUTION