PREDECEASED VALID DISINHERITANCE
RESULTED FROM Successor (voluntary heir;
legatee, devisee, compulsory,
legal) will die ahead of the
testator
INCAPACITY
VALID DISINHERITANCE: Omission of
COMPULSORY HEIR in the WILL was
deliberate on valid grounds; If valid
disinheritance, such heir shall be
deprived from receiving legitime;
EFFECT If the disinheritance is Valid
and the WILL contains no
testamentary disposition but only
the provision of a validly disinherited
heir: THE ESTATE SHALL BE
DISTRIBUTED FOLLOWING THE
RULES IN INTESTATE SUCCESSION
AND THE VALIDLY DISINHERITED
HEIR SHALL NOT RECEIVE ANY
LEGITIME;
Requisites for a VALID
DISINHERITANCE:
disinheritance must be made
expressly in the will;
the cause or reason for such
disinheritance must be expressly
stated in the will;
stated or reason must be one of
the authorized causes for
disinheritance under the law;
If disinherited heir will contest
the ground, the ground must be
proven to be true,
REPUDIATION
Required: is JURIDICAL
CAPACITY or CIVIL PERSONALITY
and NOT CAPACITY to ACT;
Prescriptive period to declare
heir incapacitated: 5 years
from the time the heir takes
possession of the inheritance
(after the lapse of the 5 years
and the incapacity is not
proven, such heir cannot be
declared incapacitated]
Infant to acquire CIVIL
PERSONALITY (Article 41 of the
NCC):
Intrauterine life test:
of at least 7months: MUST BE
ALIVE AT THE TIME OF
COMPLETE DELIVERY;
less than 7 months: MUST BE
ALIVE for at least 24 HOURS;
GENERAL RULE: Heir, devisee,
legatee, must be living or alive
at the time of the death of the
decedent;
XPN; when subject to a
SUSPENSIVE CONDITION:
capacity to act must be present
at:
At the time of the
> VALID ACCEPTANCE
* capacity to act &
* free disposal of his property;
> VALID REPUDIATION
With judicial authorization;
Means of ACCEPTANCE:
Expressly; public document;
private instrument; tacitly;
Means of Repudiation:
Notarial doc, authentic doc,
court approval (petition filed
for that purpose before the
court of competent
jurisdiction)
CONCEPTS:
Repudiation in the capacity as
Testamentary heir ipso facto
repudiation of his capacity as
intestate heir
However, Repudiation in his
capacity as Intestate Heir does
not, without knowledge that
he is also a testamentary heir,
result to repudiation of his
capacity as voluntary heir,
legatee or devisee;
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
testator’s death AND EFFECT OF REPUDIATION:
EFFECT OF INVALID AT the time of the [DISPOSABLE FREE PORTION
DISINHERITANCE: FULFILLMENT of the as V, L, E]:
Annulment but NOT ENTIRETY SUSPENSIVE CONDITION;
(UNLIKE PRETERITION): Representation cannot
Annulment shall only to the GROUNDS FOR INCAPACITY OF take place [concept of
extent necessary to restore the VOLUNTARY HEIR, LEGATEE or representation is a
testator’s estate so that the DEVISEE: These applies only to concept for legitime (as
invalidly disinherited compulsory the Disposable Free Portion; so compulsory heir) and not
heir to acquire full legitime due that if the same is also a for DPR (as legal heirs)];
to him; COMPULSORY heir, his share as
Also, if there is DISPOSABLE FREE legitime will not be affected; vacancy shall be filled up
PORTION, he shall be also either by SUBSTITUTION if
instituted as legal heir and be 1. Those who will be guilty of provided for by the
entitled to receive his shares as concubinage or adultery to TESTATOR;
legal heir; the testator at the time of the
making of the WILL; In default of
EFFECT OF PRETERITION: 2. Those dispositions made in SUBSTITUTION, the vacant
ARISES WHEN ONE OR SOME OF consideration of committing a share will go to the co-
THE COMPULSORY HEIRS ARE crime which the testator and heirs, if there are co-heirs,
OMITTED UNINTENTIONALLY IN beneficiary having found thru ACCRETION;
THE WILL UPON INSTITUTION OF guilty of;
HEIRS; 3. Those priests who heard the If both are not applicable,
INSTITUTION OF HEIRS SHALL BE confession of the testator’s then vacant share shall be
ANNULLEDIN ITS ENTIRETY BUT during the latter’s last illness; distributed to the LEGAL
WITHOUT AFFECTING THE 4. To the minister of gospel who HEIRS of the testator by
DEVISES AND LEGACIES (IF ANY) rendered spiritual aid to the way of intestate
AND SO LONG AS THEIR SHARE testator during the latter’s succession;
IS INOFFICIOUS; last illness;
With devises & Legacies: Since 5. To the relatives of the priest
their institution remains valid, or minister within 4th degree
the WILL to undergo probate of consanguinity;
proceedings and if allowed, 6. To the church, chapter or any
PREDECEASED VALID DISINHERITANCE
distribution of their share will
follow; THE REST OF THE ESTATE
NET OF THOSE DISTRIBUTED TO 7. Those guardians with respect
THE DEVISES AND LEGACIES
SHALL BE DISTRIBUTED
FOLLOWING THE RULES OF
INTESTATE SUCCESSION;
WITHOUT devises & Legacies:
The institution of heirs shall be
immediately annulled, then, 9. Those physicians, nurse,
proceed to distribution of the
estate following THE RULES OF
INTESTATE SUCCESSION;
INCAPACITY
institution where the priest or
minister belong;
to their ward before the final
accounts of guardianship was
approved;
8. Those witnesses who are
made beneficiaries in the
testator’s WILL;
health workers who took care
of the testator during the
latter’s last illness;
GROUNDS APPLICABLE TO
TESTAMENTARY or INTESTATE
SUCCESSION WHICH WILL
DEPRIVED THE HEIR OF HIS
ENTIRE SHARE OF THE
INHERITANCE, WHETHER
LEGITIME (as compulsory heir)
or as VOLUNTARY heir, LEGATEE
or DEVISEE;
1. Parent: who abandoned the
child (child here is the testator
or decedent);
2. Parent who induced the
decedent/testator to live a
corrupt or immoral life;
3. Parent who has attempted
the virtue of the decedent;
4. Persons convicted of attempt
REPUDIATION
EFFECT of REPUDIATION:
With respect to LEGITIME:
SPOUSE REPUDIATED:
If THE VACANCY WAS
DUE TO REPUDIATION,
FORGET THE CONCEPT
OF REPRESENTATION
PURSUANT TO
ARTICLE 977: Heirs
who repudiate their
share may not be
represented.
THE COMPULSORY
HEIR WHO
REPUDIATED STILL
SHALL BE ALLOTTED
OF HIS LEGITIME. IT IS
THAT HE WILL NOT
ACCEPT THE SAME.
THUS, VACANCY IS
CREATED. The vacant
share will go TO the
legal heirs of the
TESTATOR following
the rules of intestate
succession;
LEGITIMATE CHILDREN:
If THE VACANCY WAS
DUE TO REPUDIATION,
FORGET THE CONCEPT
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
against the life of the decedent, OF REPRESENTATION
spouse of the decedent, PURSUANT TO
decedents’ ascendants or ARTICLE 977: Heirs
descendants; who repudiate their
5. Any person who accused the share may not be
decedent of a crime which represented.
carries with it a penalty of 6
years or more, if found to be THE COMPULSORY
groundless; HEIR WHO
6. Any person convicted of REPUDIATED STILL
adultery or concubinage with SHALL BE ALLOTTED
the spouse of the decedent; OF HIS LEGITIME. IT IS
7. Those persons who will just THAT HE WILL
become unworthy to inherit NOT ACCEPT THE
because of supplanting, SAME. THUS,
concealing or altering the VACANCY IS CREATED.
testator’s will, falsifying or The vacant share will
forging the supposed WILL of go TO the legal heirs
the decedent; of the TESTATOR
following the rules of
intestate succession;

SPECIAL RULE: However, if ALL

OF THE CHILDREN, WILL
REPUDIATE THEIR LEGITIME,
PURSUANT TO ARTICLE 969 OF
THE NCC, THE NEAREST
DEGREE RELATIVE, WHO ARE
THE GRANDCHILDREN, SHALL
BECOME THE COMPULSORY
HEIRS IN THEIR OWN
RIGHT!!!!
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
ORDINARILY, LEGITIMATE
CHILDREN ONLY INHERIT
THRU REPRESENTATION. BUT
PURSUANT TO ARTICLE 969,
THEY WILL BECOME THE
COMPULSORY HEIRS WHEN
ALL THE LEGITIMATE
CHILDREN OF THE TESTATOR
REPUDIATED THEIR
LEGITIME!!!

ILLEGITIMATE CHILDREN:
If THE VACANCY WAS
DUE TO REPUDIATION,
FORGET THE CONCEPT
OF REPRESENTATION
PURSUANT TO
ARTICLE 977: Heirs
who repudiate their
share may not be
represented.

THE COMPULSORY
HEIR WHO
REPUDIATED STILL
SHALL BE ALLOTTED
OF HIS LEGITIME. IT IS
THAT HE WILL NOT
ACCEPT THE SAME.
THUS, VACANCY IS
CREATED. The vacant
share will go TO the
legal heirs of the
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
TESTATOR following
the rules of intestate
succession;

SPECIAL RULE: However, if ALL

THE ILLEGITIMATE CHILDREN,
WILL REPUDIATE THEIR
LEGITIME, PURSUANT TO
ARTICLE 969, THE
COMPULSORY HEIRS WILL BE
THE NEAREST DEGREE
RELATIVE. HERE, THE
ILLEGITIMATE
GRANDCHILDREN ARE THE
NEXT NEAREST DEGREE
RELATIVE, THUS, THEY WILL
BECOME THE COMPULSORY
HEIRS IN THEIR OWN
RIGHT!!!!

LEGITIMATE ASCENDANTS
(BOTH FATHER AND MOTHER)
If THE VACANCY WAS
DUE TO REPUDIATION,
FORGET THE CONCEPT
OF REPRESENTATION
PURSUANT TO
ARTICLE 977: Heirs
who repudiate their
share may not be
represented.

THE COMPULSORY
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
HEIR WHO
REPUDIATED STILL
SHALL BE ALLOTTED
OF HIS LEGITIME. IT IS
THAT HE WILL NOT
ACCEPT THE SAME.
THUS, VACANCY IS
CREATED. The vacant
share will go TO the
legal heirs of the
TESTATOR following
the rules of intestate
succession;

SPECIAL RULE: However, if ALL

OF THE COMPULSORY HEIRS,
IN THE SAME DEGREE, WILL
REPUDIATE THEIR LEGITIME,
THE NEXT NEAREST DEGREE
RELATIVE WILL BECOME THE
COMPULSORY HEIRS IN THEIR
OWN RIGHT!!!!

HERE, BOTH ASCENDANTS (IN

THE SAME DEGREE, FATHER &
MOTHER) REPUDIATED THEIR
LEGITIME AS COMPULSORY
HEIRS OF THE TESTATOR WHO
DIED NO ISSUE. PURSUANT TO
ARTICLE 969, the next nearest
degree relatives, who are the
GRANDPARENTS (ASSUMING
 PREDECEASED
Disposable Free Portion
(V,D,L):
his death distinguished
civil personality, thus, no
longer entitle to testator;
his share shall be vacant;
concept of representation
NOT applicable to
Disposable Free Portion
(but only to LEGITIME
conferred by law), thus, no
representation which will
take place;
vacancy shall be filled up
either shall be filled up by
1. SUBSTITUTION (if
provided for by the
testator);
VALID DISINHERITANCE
TESTAMENTARY:
LEGITIME:
1. If SPOUSE: is no longer
compulsory heir (not entitled to
any legitime); CANNOT BE
REPRESENTED [CONCEPT OF
RIGHT BY REPRESENTATION
NOT APPLICABLE TO SPOOUSE];
2. ASCENDANT: is no longer
compulsory heir, CANNOT BE
REPRESENTED [CONCEPT OF
RIGHT BY REPRESENTATION
NOT APPLICABLE TO SPOOUSE]
for instance a father (not
entitled to any legitime); thus,
his ¼ share shall be given to the
mother, if alive;
INCAPACITY REPUDIATION
ALIVE) WILL BECOME THE
COMPULSORY HEIRS!!!
EFFECT of REPUDIATION:
INTESTATE SUCCESSION:
if THE VACANCY WAS
DUE TO
REPUDIATION,
ALWAYS ACCRETION
TAKES PLACE;
VACANT PART WILL
GO TO THE CO-HEIR
OF THE SAME DEGREE
EFFECT OF RECONCILIATION OF
THE GUILTY SUCCESSOR AND
THE DECEDENT:
EFFECT OF PARDON:
IF MADE EXPRESSLY: the pardon
must be made in writing;
IF MADE IMPLIEDLY: despite his
knowledge of the ground for
incapacity, he instituted said
person as voluntary heir,
devisee or legatee;
EFFECT of INCAPACITY:
With respect to Disposable
Free Portion: V, D, L
he cannot be represented
(concept of representation is
 PREDECEASED
2. In DEFAULT of 3. LEGITIMATE CHILD: is no longer
Substitution, the
testator may provide
for the ACCRETION
(pursuant to the
express wishes of the
testator in the WILL
or if not in the WILL
may also takes place
by OPERATION of
LAW, when 2
requisites are
present under Article
1016);
If both are not applicable,
then vacant share shall be
distributed to the LEGAL
HEIRS of the testator by way
of intestate succession;
TESTAMENTARY
SUCCESSION:
1. LEGITIMATE
If he has representative,
he will be filled up by
RIGHT OF
REPRESENTATION if it is
allowed by law and the
heir (compulsory or legal
heir) left a LEGITIMATE
DESCENDANT
VALID DISINHERITANCE
compulsory (but can be
represented if he has NATURAL
LEGITIMATE CHILD);
If he has legitimate child,
EVEN IF HE IS VALIDLY
DISINHERITED, HE SHALL BE
ALLOTTED A SHARE, which
share will be given or go to
his LEGITIMATE CHILD by
RIGHT of REPRESENTATION;
If he has NO LEGITIMATE
CHILD/DESCENDANT, he is no
longer a compulsory heir (as if
he predeceased the testator);
Illustrative example: legitime
3MM; 3 children, A, B, &C.
Originally, 3MM should be
divided by 3. If for example A
is validly disinherited, the
3MM now shall be divided by
2. So, 1.5MM to B and 1.5MM
to C;
Note: CANNOT BE REPRESENTED
BY
1. illegitimate child due to
barrier rule;
2. adopted child because he is
not related to the testator;
INCAPACITY REPUDIATION
applicable only to succession
by operation of law);
his share will become vacant;
 vacancy shall be filled up
either shall be filled up by
SUBSTITUTION if provided
for by the TESTATOR;
 In default of
SUBSTITUTION, the vacant
share will go to the co-
heirs, if there are co-heirs,
thru ACCRETION;
 If both are not applicable,
then vacant share shall be
distributed to the LEGAL
HEIRS of the testator by
way of intestate
succession;
EFFECT of INCAPACITY:
With respect to LEGITIME:
Compulsory Heir;
SPOUSE: cannot be
represented, he shall be still
allotted a legitime which shall
become vacant; the share
shall be distributed to the
LEGAL HEIRS of the testator
by way of intestate
succession;
Ascendant: Accretion cannot
take place (basic rule:
 PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
/representative; his share ACCRETION DOES NOT APPLY
will go to the 4. ILLEGITIMATE (Art.902) TO LEGITIME); However, shall
representative [he If he has LEGITIMATE OR still be allotted a share which
cannot be represented by ILLEGITIMATE DESCENDANT is ½; ¼ to Father & ¼ to
a ILLEGITIMATE CHILD /representative; He may be filled Mother; for instance Father is
due to BARRIER RULE; up by RIGHT OF incapacitated, his ¼ share
neither can he be REPRESENTATION if it is allowed shall be distributed to the
represented by an by law and the share will go to LEGAL HEIRS of the testator
ADOPTED CHILD because the representative [he can be by way of intestate
adopted child is not represented by a LEGITIMATE OR succession;
related to the testator]; ILLEGITIMATE CHILD BUT NOT BY LEGITIMATE CHILD:
ADOPTED because adopted id  If he has legitimate
If he has no not related to the testator]; descendant: RIGHT OF
representative, REPRESENTATION shall
representation cannot If he has no representative, take place [he cannot be
take place; he ceased to representation cannot take place represented by a
become a legal or as he ceased to become a legal ILLEGITIMATE CHILD due
compulsory heir; his or compulsory heir; his death to BARRIER RULE;
death extinguished his extinguished his civil personality; neither can he be
civil personality; he will he will no longer be allotted a represented by an
no longer be allotted a share; ADOPTED CHILD because
share; adopted child is not
related to the testator];
2. ILLEGITIMATE (Art.902)
If he has LEGITIMATE OR FACTS OF THE CASE:  If he has NO legitimate
ILLEGITIMATE HAHAHAHAHAHA descendant, he shall be
DESCENDANT TESTATOR EXECUTED A WILL BUT IT still allotted a legitime
/representative; He may ONLY CONTAINS PROVISION OF VAID which shall become
be filled up by RIGHT OF disinheritance AND no testamentary vacant; the share shall be
REPRESENTATION if it is disposition THE ENTIRE ESTATE distributed to the LEGAL
allowed by law and the SHALL BE DISTRIBUTED FOLLOWING HEIRS of the testator by
share will go to the THE RULES IN INTESTATE way of intestate
representative [he can SUCCESSION; THE VALIDLY succession;
 PREDECEASED
be represented by a
LEGITIMATE OR
ILLEGITIMATE CHILD BUT
NOT BY ADOPTED
because adopted id not
related to the testator];
If he has no
representative,
representation cannot
take place as he ceased
to become a legal or
compulsory heir; his
death extinguished his
civil personality; he will
no longer be allotted a
share;
3. Spouse: CANNOT BE
REPRESENTED [CONCEPT
OF RIGHT BY
REPRESENTATION NOT
APPLICABLE TO SPOOUSE]
his/her death shall be
extinguished his/her civil
personality; he/she will no
longer be allotted a share;
4. LEGITIMATE ASCENDANT:
CANNOT BE REPRESENTED
[CONCEPT OF RIGHT BY
REPRESENTATION NOT
APPLICABLE TO SPOOUSE]
VALID DISINHERITANCE
DISINHERITED HEIR SHALL NOT
RECEIVE ANY LEGITIME;
INTESTATE SUCCESSION:
5. ILLEGITIMATE (Art.902)
IF VALIDLY DISINHERITED HEIR CAN
BE REPRESENTED then RIGHT BY
REPRESENTATION SHALL TAKE
PLACE;
IF VALIDLY DISINHERITED HEIR
CANNOT BE REPRESENTED
[CONCEPT OF RIGHT BY
REPRESENTATION NOT APPLICABLE
TO SPOOUSE AND ASCENDANTS], HE
CEASED TO BECOME A
COMPULSORY HEIR OR LEGALE,
THUS, HE/SHE SHALL NOT BE
ALLOTTED A SHARE BECAUSE VALID
INHERITANCE IS A VALID MEANS OF
DEPRIVING SOMEONE TO RECEIVE
LEGITIME (AS COMPULSORY HEIRS)
OR SHARE FROM THE ESTATE (AS
LEGAL HEIR);
INCAPACITY REPUDIATION
[eto lang ata naiba,
beware]
If he has LEGITIMATE OR
ILLEGITIMATE DESCENDANT
/representative; He may be
filled up by RIGHT OF
REPRESENTATION if it is
allowed by law and the
share will go to the
representative [he can be
represented by a
LEGITIMATE OR
ILLEGITIMATE CHILD BUT
NOT BY ADOPTED because
adopted id not related to
the testator];
If he has no representative,
representation cannot take
place BUT he will still be
allotted a share of the
legitime; the share shall be
distributed to the LEGAL
HEIRS of the testator by
way of intestate
succession;
 PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
his/her death shall be
extinguished his/her civil
personality; he/she will no
longer be allotted a share;
for instance the legitimate
father died (not entitled to
any legitime); thus, his ¼
share shall be given to the
mother, if alive; In all, the
total ½ is with the
surviving parent;

ARTICLE 972. The right of

representation takes place in
the direct descending line,
but never in the ascending.
EFFECT OF RECONCILIATION OF
THE GUILTY SUCCESSOR AND
THE DECEDENT:

EFFECT OF PARDON:
IF MADE EXPRESSLY: the pardon
must be made in writing;
IF MADE IMPLIEDLY: despite his
knowledge of the ground for
incapacity, he instituted said
person as voluntary heir,
devisee or legatee;

INTESTATE SUCCESSION:
EFFECT of INCAPACITY:
1. Spouse: CANNOT BE
REPRESENTED [CONCEPT OF
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
RIGHT BY REPRESENTATION
NOT APPLICABLE TO
SPOUSE] his/her death shall
be extinguished his/her civil
personality; he/she will BE
be allotted a share but the
share allotted will be
distributed to
co-heirs/LEGAL HEIRS THRU
ACCRETION;

2. Ascendant: CANNOT BE
REPRESENTED [CONCEPT OF
RIGHT BY REPRESENTATION
NOT APPLICABLE TO
SPOUSE] his/her death shall
be extinguished his/her civil
personality; he/she will BE
be allotted a share but the
share allotted will be
distributed to
co-heirs/LEGAL HEIRS THRU
ACCRETION;

3. Legitimate child:
 If he has legitimate
descendant: RIGHT OF
REPRESENTATION shall
take place [he cannot be
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
represented by a
ILLEGITIMATE CHILD due
to BARRIER RULE; neither
can he be represented by
an ADOPTED CHILD
because adopted child is
not related to the
testator;

 If he has NO legitimate
descendant, he shall be
still allotted a legitime
which shall become
vacant; he/she will BE be
allotted a share but the
share allotted will be
distributed to
co-heirs/LEGAL HEIRS
THRU ACCRETION (IN
THE SAME DEGREE);

4. ILLEGITIMATE CHILD:
 If he has legitimate or
Illegitimate descendant:
RIGHT OF
REPRESENTATION shall
take place;

 If he has NO legitimate
descendant, he shall be
still allotted a legitime
which shall become
vacant; he/she will BE be
PREDECEASED VALID DISINHERITANCE INCAPACITY REPUDIATION
allotted a share but the
share allotted will be
distributed to
co-heirs/LEGAL HEIRS
THRU ACCRETION;