Succession 2

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FUNDAMENTALS OF SUCCESSION
and EXTRAJUDICIAL
SETTLEMENT OF ESTATE
February 2023
Atty. Froilyn P. Doyaoen-Pagayatan
FDP Law
2
Part II:
LEGAL OR INTESTATE
SUCCESSION
FDP Law
Legal or Intestate Succession
3
A. Instances of legal or intestate succession
1. A person dies without a will, or with a void
will;
2. When the will does not institute an heir to, or
dispose of all the property belonging to the
testator;
3. If the suspensive condition attached to the
institution of an heir does not happen or is not
fulfilled, or if the heir dies before the testator,
or repudiates the inheritance;
4. When the heir instituted is incapable of
succeeding.
FDP Law
4
B. Basic principles in intestacy

1. Nearer excludes the more remote;
2. Direct line is preferred over the collateral;
and
3. Descending line is preferred over the
ascending.
FDP Law
5
C. Order of intestate succession

1. Descending direct line;
2. Ascending direct line;
3. Illegitimate children;
4. Surviving spouse;
5. Collateral relatives; and
6. The State.
FDP Law
6
D. Various combinations
1. Legitimate children and/or descendants alone
– entire estate divided equally among them
Child 1 Child 2
FDP Law
7
2. Legitimate children and illegitimate children – entire
estate in proportion of 2:1
E.g., 2 legitimate children and 4 illegitimate children
Illegitimate Illegitimate
child 2 child 3
child 1 child 4
Legitimate Legitimate
child 1 child 2
FDP Law
8
3. Legitimate children and surviving spouse – spouse
share equal to that of one legitimate child
E.g., 2 legitimate children and surviving spouse
Surviving spouse
child 1 child 2
FDP Law
9
4. Legitimate children, surviving spouse, illegitimate
children – spouse’s share equal to that of one
legitimate child, illegitimate child’s share is equal to
one legitimate child
E.g., 2 legitimate children, surviving spouse, 2
illegitimate children
Illegitimate
child 1
Surviving
Illegitimate
spouse child 2
child 1 child 2
FDP Law
10
5. Legitimate parents alone – entire estate is shared equally
E.g., father and mother survive their son
Father
Mother
FDP Law
11
6. Legitimate ascendants alone – entire estate is shared
equally
E.g., grandfather (father side) and grandfather and
grandmother (mother side) survive their grandson
Grandfather (father side)
Grandfather Grandmother
(mother side) (mother side)
FDP Law
12
7. Legitimate parents/ascendants and illegitimate children
E.g., Father, mother, and 2 illegitimate children
child 1 child 2
Father Mother
FDP Law
13
8. Legitimate parents/ascendants and surviving spouse
E.g., Father, mother, and surviving spouse
Surviving spouse
Father Mother
FDP Law
14
9. Legitimate parents/ascendants, surviving spouse,
illegitimate children
E.g., Father and mother, surviving spouse, 2 illegitimate
children
Illegitimate
child 1
Surviving
Illegitimate
spouse child 2
Father Mother
FDP Law
15
10. Illegitimate children alone
E.g., 2 illegitimate children
Illegitimate
child 1
Illegitimate
child 2
FDP Law
16
11. Illegitimate children and surviving spouse
E.g., 2 illegitimate children and surviving spouse
Surviving spouse
child 1 child 12
FDP Law
17
12. Surviving spouse alone
Surviving spouse
FDP Law
18
13. Surviving spouse and legitimate brothers and sisters and
nephews and nieces
E.g., surviving spouse, 1 legitimate/illegitimate brother, 1
legitimate/illegitimate sister, 2 nieces
Surviving spouse
Brother Sister
FDP Law
19
14. Illegitimate parents alone
Illegitimate parents
FDP Law
20
15. Illegitimate parents and children of any kind
E.g., illegitimate mother and father and illegitimate child
Illegitimate child
FDP Law
21
16. Legitimate brothers and sisters, nephews and nieces
E.g., 1 nephew (full blood), 2 nieces (half blood)
Nephew
Niece 1 Niece 2
FDP Law
22
17. Nephews and nieces, uncles and aunts
E.g., 1 nephew (full blood), 2 nieces (half blood), 2 aunts
Nephew
Niece 1 Niece 2
FDP Law
23
18. 1 aunt, 2 great uncles
Aunt
FDP Law
24
19. State
State
FDP Law
Without Last Will and Testament
25
Caridad: 12.5%
Roy: 12.5%
Ricardo: 12.5%
Celina: 12.5%
Emily: 12.5%
Ginneza: 12.5%
Andy: 12.5%
Leo Rey: 12.5%
FDP Law

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Copyright © 2023. University of the Philippines Law Center.

B. Basic principles in intestacy

C. Order of intestate succession

Grandfather (father side)

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