Article 781: Inheritance Components An

CHAPTER 1 General Provisions individual's inheritance includes property,

rights, and obligations existing at the time
of death, as well as those acquired since
Article 774: Succession Definition the initiation of the succession.
Succession is the transfer of a person's
property, rights, and obligations to others
upon their death, either through a will or by Article 782: Heirs, Devisees, and
operation of law. Legatees

An heir is a person designated in a will or

Article 775: Decedent Terminology The
term "decedent" refers to the person
whose assets are transferred through
succession, whether or not they left a will.
If a will exists, the decedent is also called
the testator.
by law to receive an inheritance. Devisees
and legatees are individuals granted real
and personal property gifts through a will,
respectively.
CHAPTER 2

Article 776: Comprehensive Inheritance Testamentary Succession

Inheritance encompasses all the property,
rights, and obligations of a person that
persist after their death. SECTION 1

Wills

Article 777: Timing of Succession

Rights Succession rights are transferred
Article 785: Limits on Discretion Specific
from the moment of the decedent's death.
provisions regarding heirs, devisees, or
legatees, when mentioned by name,
cannot be left to the discretion of a third
Article 778: Types of Succession
party.
Succession can be testamentary (based
on a will), legal or intestate (by operation of
law), or mixed (combination of will and
Article 786: Third-Party Distribution A
operation of law).
testator can assign a third person to
distribute specific property or sums of
money to designated classes or causes.
Article 779: Testamentary Succession
Definition Testamentary succession
arises from the appointment of an heir in a
Article 787: Operational Testaments A
legally executed will.
testamentary disposition must not require
another person to decide its validity.

Article 780: Mixed Succession Mixed

succession involves a combination of will-
Article 788: Interpretation of
based and legal succession elements.
Dispositions
In case of doubt or different interpretations
of a testamentary disposition, the
interpretation favoring its operability is
preferred.
Article 789: Correction of Mistakes
Imperfect descriptions or uncertainties in a
will can be corrected based on the context,
excluding oral declarations, with the
intention determined from the words and
circumstances.
Article 790: Interpretation of Words
Words in a will are understood in their
ordinary sense unless a clear intention to
use them differently is evident.
Article 791: Effectiveness of
Expressions Interpretations that give
effect to every expression in a will are
preferred to those rendering any
expression inoperative, with a preference
for preventing intestacy.
Article 792: Invalidity of Dispositions
The invalidity of one disposition in a will
does not affect the validity of others, unless
it is presumed the testator wouldn't have
made additional dispositions without the
first one.
Article 793: Property Acquired After Will
Property obtained after making a will
passes only if the will expressly shows the
testator's intention to include such
property.
Article 794: Devise or Legacy Coverage
Devise or legacy encompasses the full
interest the testator could convey in the
property unless the will indicates an intent
to convey a lesser interest.
Article 795: Validity of Will Form The
form's validity of a will depends on
compliance with the law in force at the time
of its creation.
SUBSECTION 2. Testamentary Capacity
and Intent
Article 796: Will-Making Eligibility Any
person not expressly prohibited by law has
the right to make a will.
Article 797: Age Restriction Individuals
under eighteen years of age, regardless of
gender, are not allowed to make a will.
Article 798: Mental Fitness Requirement
For a valid will, the testator must be of
sound mind at the time of its execution.
Article 799: Definition of Sound Mind A
testator doesn't need full possession of all
reasoning faculties; being able to
understand the estate, proper
beneficiaries, and the nature of the
testamentary act is sufficient for
soundness of mind.
Article 800: Presumption of Mental
Soundness The law presumes every
person to be of sound mind unless proven
otherwise. The burden of proof against the
testator's mental soundness rests on those
opposing the will's probate.
Article 801: Supervening Incapacity A
subsequent incapacity does not invalidate
a valid will, nor does it validate the will of
an initially incapable person upon
regaining capacity.
Article 802: Independent Will-Making by
Married Women A married woman can
make a will without her husband's consent
or court authorization.
Article 803: Disposition of Property by
Married Women Married women can
dispose of their separate property and their
share of conjugal or absolute community
property through a will without requiring
consent or court approval.
SUBSECTION 3. Forms of Wills
Article 804: Formal Requirements of
Wills Wills must be in writing and executed
in a language or dialect known to the
testator.
Article 805: Subscription and
Attestation Requirements Wills,
excluding holographic wills, must be
subscribed by the testator or someone at
their direction, attested by at least three
credible witnesses in the presence of the
testator and each other. Each page, except
the last, must be signed, and the
attestation must state specific details,
including the number of pages used.
Article 806: Notarization Requirement
All wills must be acknowledged before a
notary public by the testator and witnesses,
with no obligation for the notary public to
retain a copy or file it with the Clerk of
Court.
Article 807: Special Provisions for Deaf
or Deaf-Mute Testators Deaf or deaf-
mute testators must personally read the
will if able; otherwise, they shall designate
two persons to read and communicate its
contents.
Article 808: Reading to Blind Testators
If the testator is blind, the will must be read
to them twice: first by a subscribing witness
and then by the notary public during
acknowledgment.
Article 809: Tolerance for Imperfections
Minor defects in attestation or language do
not invalidate a will if it substantially
complies with the requirements of Article
805, provided there is no bad faith, forgery,
fraud, or undue influence.
Article 810: Holographic Will Definition
A holographic will, entirely written, dated,
and signed by the testator, is subject to no
other form, may be made in or out of the
Philippines, and requires no witnesses.
Article 811: Probate Requirements for
Holographic Wills In probating a
holographic will, at least one witness must
declare knowledge of the testator's
handwriting and signature; in case of
contestation, at least three such witnesses
are needed, or expert testimony may be
used.
Article 812: Validity of Dispositions in
Holographic Wills Dispositions below the
holographic will's signature must be dated
and signed by the testator to be valid as
testamentary dispositions.
Article 813: Dating Dispositions in
Holographic Wills In a holographic will, if
some dispositions lack dates and the last
disposition is dated, the latter date
validates the preceding ones.
Article 814: Authentication of Changes
in Holographic Wills Any addition,
cancellation, erasure, or alteration in a
holographic will must be authenticated by
the testator's full signature.
Article 815: Foreign-Made Wills by
Filipinos Filipinos in a foreign country may
make a will following that country's laws,
and such will may be probated in the
Philippines.
Article 816: Effect of Alien's Will Made
Abroad An alien's will made abroad is
effective in the Philippines if it adheres to
the law of the place of residence or
observes the formalities of the country of
origin or those prescribed by Philippine
law.
Article 817: Foreign-Made Wills by Non-
Filipinos in the Philippines A will made in
the Philippines by a non-Filipino adhering
to their country's laws, and valid there, has
the same effect as if executed according to
Philippine laws.
Article 818: Prohibition of Joint Wills
Two or more persons cannot make a will
jointly or in the same instrument for mutual
or third-party benefit.
Article 819: Invalidity of Prohibited
Foreign-Made Wills by Filipinos Wills
prohibited by Article 818, executed by
Filipinos in a foreign country, are not valid
in the Philippines, even if authorized by the
laws of the country of execution.
SUBSECTION 4. - Witnesses to Wills
Article 820: Witness Eligibility Any
person of sound mind, aged eighteen or
older, not blind, deaf, dumb, and able to
read and write, may witness the execution
of a will under Article 805.
Article 821: Disqualified Witnesses The
following individuals are disqualified from
being witnesses to a will: (1) those not
domiciled in the Philippines, and (2) those
convicted of falsification of a document,
perjury, or false testimony.
Article 822: Subsequent Incompetence
of Witnesses If witnesses are competent
at the time of attesting the will, their
subsequent incompetence does not
prevent the will's allowance.
Article 823: Witness with Personal
Interest If a witness stands to benefit from
the will, the devised or legacy is void
concerning that witness unless three other
competent witnesses also attest. The
interested witness remains admissible as if
the provision had not been made.
Article 824: Creditors as Witnesses
Creditors with a mere charge on the
testator's estate for debts at the time of
death can be competent witnesses to the
will.
SUBSECTION 5. Codicils and
Incorporation by Reference
Article 825: Codicil Definition A codicil is
a supplement or addition to a will, made
after the original will's execution,
explaining, adding to, or altering the
dispositions in the will.
Article 826: Execution of Codicils For a
codicil to be effective, it must be executed
following the same formalities as a will.
Article 827: Incorporation by Reference
For a document or paper referred to in a
will to be considered part of the will, the
following requisites must be met: (1) the
document exists at the will's execution, (2)
the will clearly describes and identifies the
document, stating its number of pages, (3)
it's identified by clear and satisfactory
proof, and (4) it's signed by the testator and
witnesses on each page, except for
voluminous books of account or
inventories.
SUBSECTION 6. Revocation of Wills
and Testamentary Dispositions
Article 828: Revocation of Wills A
testator can revoke a will at any time before
death, and any waiver or restriction of this
right is void.
Article 829: Validity of Revocation
Abroad A revocation of a will done outside
the Philippines by a person not domiciled
in the country is valid if done according to
the law of the place where the will was
made or the law of the testator's domicile
at that time. If the revocation occurs in the
Philippines, it must comply with the
provisions of the Civil Code.
Article 830: Ways of Revoking a Will A
will may be revoked in three ways: (1) by
implication of law, (2) by another will,
codicil, or writing executed as specified for
wills, or (3) by burning, tearing, cancelling,
or obliterating the will in the testator's
presence, with his express direction. If
done by another person without the
testator's direction, the will may still be
valid if its contents, execution, and the
unauthorized destruction are established
according to the Rules of Court.
Article 831: Effect of Subsequent Wills
Subsequent wills that do not expressly
revoke previous ones only annul
inconsistent or contrary dispositions in
prior wills.
Article 832: Effect of Incapacity or
Renunciation A revocation made in a
subsequent will takes effect even if the new
will becomes inoperative due to the
incapacity or renunciation of the heirs,
devisees, or legatees designated in it.
Article 833: Nullity of Revocation Based
on False or Illegal Cause A revocation of
a will based on a false or illegal cause is
null and void.
Article 834: Legal Effect of Illegitimate
Child's Recognition The recognition of an
illegitimate child in a will retains its legal
effect even if the will is subsequently
revoked.
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SUBSECTION 7. Republication and
Revival of Wills
Article 835: Republishing of
Dispositions The testator cannot
republish, without reproducing in a
subsequent will, the dispositions contained
in a previous one that is void in form.
Article 836: Republishing via Codicil
The execution of a codicil referring to a
previous will has the effect of republishing
the will as modified by the codicil.
Article 837: Revocation and Revival of
Wills If a testator, after making a will,
creates a second will expressly revoking
the first, the revocation of the second will
does not revive the first; only another will
or codicil can revive the initial will.
SUBSECTION 8. Allowance and
Disallowance of Wills
Article 838: Allowance and
Disallowance of Wills No will shall pass
property unless proved and allowed
according to the Rules of Court. The
testator, during his lifetime, may petition
the court for will allowance, governed by
relevant Rules of Court. The Supreme
Court may formulate additional rules for will
allowance on the testator's petition. The
allowance of the will is conclusive as to its
due execution, subject to the right of
appeal.
Article 839: Grounds for Disallowance
of Wills A will shall be disallowed in cases
where: (1) formalities required by law are
not complied with; (2) the testator was
insane or mentally incapable at the time of
execution; (3) it was executed under force,
duress, fear, or threats; (4) it was procured
by undue influence; (5) the testator's
signature was procured by fraud; (6) the
testator acted by mistake or did not intend
the instrument to be his will at the time of
signing.
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SECTION 2
Institution of Heir
Article 840: Institution of Heir Institution
of heir is the act by which a testator
designates in his will the person or persons
to succeed him in his property, rights, and
obligations.
Article 841: Validity of Wills without Heir
Institution A will is valid even without an
institution of an heir or if the institution
doesn't cover the entire estate. If the
person instituted doesn't accept or is
incapacitated, the legal heirs inherit the
remaining estate according to
testamentary dispositions made in
accordance with the law.
Article 842: Disposition by Testator A
person without compulsory heirs can
dispose of their entire estate to anyone
capable of succession. Those with
compulsory heirs can dispose of their
estate as long as they don't contravene
provisions regarding the legitime of their
heirs.
Article 843: Designation of Heir The
testator must designate the heir by name
and surname. If the name is omitted but the
designation is clear, the institution is valid.
Errors in name, surname, or circumstances
won't void the institution if the person can
be identified in other ways.
Article 845: Disposition in Favor of
Unknown Person A disposition in favor of
an unknown person is void unless the
person's identity becomes certain.
Dispositions in favor of a definite class or
group of persons are valid.
Article 846: Equal Inheritance for Heirs
without Designation Heirs instituted
without designated shares inherit equally.
Article 847: Individual and Collective
Institution Collectively designated heirs
are considered individually instituted
unless the testator's intention is clear.
Article 848: Distribution among Half and
Full Blood Siblings When testator
institutes both half and full-blood siblings,
the inheritance is distributed equally unless
a different intention appears.
Article 849: Simultaneous Institution of
Parent and Children If the testator calls a
person and their children to succession,
they are deemed instituted simultaneously.
Article 850: False Cause for Institution
A false cause for the institution of an heir is
disregarded unless it's shown that the
testator would not have made the
institution if aware of the falsity.
Article 854: Preterition of Compulsory
Heirs Omission of compulsory heirs in the
direct line annuls the institution of heir.
Devises and legacies are valid, but the
omitted heirs have the right of
representation.
Article 855: Share of Omitted Child The
share of an omitted child in a will is taken
first from the undesignated part of the
estate, and if insufficient, proportionally
from the shares of other compulsory heirs.
Article 856: Rights Transmitted by
Omitted Heirs An omitted voluntary heir
transmits nothing to their heirs. Omitted
compulsory heirs, incapacitated
successors, and those who renounce the
inheritance transmit no rights to their heirs
unless expressly provided otherwise.
SECTION 3
Substitution of Heirs
Article 857: Substitution Defined
Substitution is the appointment of another
heir to enter into the inheritance if the
originally instituted heir is unable or
unwilling.
Article 858: Types of Substitution
Substitution of heirs may be simple, brief,
reciprocal, or fideicommissary.
Article 859: Designation of Substitutes
The testator may appoint one or more
persons to substitute the originally
instituted heir in case of death, refusal, or
incapacity. A simple substitution comprises
these cases unless the testator states
otherwise.
Article 860: Number of Substitutes Two
or more persons can substitute one, and
one can substitute for two or more heirs.
Article 861: Reciprocal Substitution If
heirs with unequal shares are reciprocally
substituted, the substitute acquires the
share of the deceased, renouncing, or
incapacitated heir unless the testator
intended otherwise. Multiple substitutes
share the substitution equally.
Article 862: Charges and Conditions for
Substitutes The substitute is subject to
the same charges and conditions as the
instituted heir unless the testator specifies
otherwise or the charges are personally
applicable only to the instituted heir.
Article 863: Fideicommissary
Substitution A fideicommissary
substitution entrusts the fiduciary with
preserving and transmitting the inheritance
to a second heir. It is valid within one
degree from the originally instituted heir,
and both heirs must be alive at the
testator's death.
Article 864: Legitime and
Fideicommissary Substitution
Fideicommissary substitution cannot
burden the legitime.
Article 865: Requirements for
Fideicommissary Substitution
Fideicommissary substitution must be
expressly made to be valid. The fiduciary
must deliver the inheritance to the second
heir with deductions limited to legitimate
expenses, credits, and improvements,
unless the testator provides otherwise.
Article 866: Rights of the Second Heir
The second heir acquires the right to the
succession from the testator's death, even
if they die before the fiduciary. This right
passes to the second heir's heirs.
Article 867: Ineffectual Provisions
Certain provisions are deemed ineffective,
including fideicommissary substitutions not
made explicitly, perpetual or extended
prohibitions on alienation, provisions for
successive income payments beyond
limits, and instructions for applying or
investing the hereditary property based on
secret instructions.
Article 868: Nullity of Fideicommissary
Substitution The nullity of the
fideicommissary substitution does not
affect the validity of the first designated
heirs; the fideicommissary clause is simply
considered unwritten.
Article 869: Usufruct and Inheritance
Provision A provision granting the whole
or part of the inheritance to one person and
the usufruct to another is valid. Successive
usufruct provisions are subject to the rules
of Article 863.
Article 870: Inalienability Duration
Provisions making the estate or part of it
inalienable for more than twenty years are
void.
SECTION 4
Conditional Testamentary Dispositions
and Testamentary Dispositions With a
Term
Article 871: Conditional Institution of
Heir An heir may be instituted
conditionally, for a specific purpose, or
cause.
Article 872: Limitation on Charges,
Conditions, or Substitution for
Legitimes The testator cannot impose
charges, conditions, or substitutions on
legitimes prescribed by the Code. If
imposed, they are considered not written.
Article 873: Nullity of Impossible or
Contrary Conditions Conditions
impossible or contrary to law or good
customs are considered not imposed and
do not prejudice the heir, regardless of the
testator's provisions.
Article 874: Absolute Condition against
Marriage An absolute condition against
contracting marriage is considered not
written unless imposed on a widow or
widower by the deceased spouse,
ascendants, or descendants. Usufruct,
allowances, or personal prestations may
still be devised for the period of remaining
unmarried or in widowhood.
Article 875: Void Dispositions on
Conditions of Making Provision in Wills
Any disposition conditioning the heir's
provision in their will for the testator or
others is void.
Article 876: Potestative Conditions
Potestative conditions must be fulfilled by
the heir upon learning of the testator's
death, except when already fulfilled and
cannot be repeated.
Article 877: Casual or Mixed Conditions
Casual or mixed conditions are fulfilled at
any time before or after the testator's
death, unless otherwise provided. If known
by the testator, the condition is deemed
fulfilled if it can no longer exist or be
fulfilled.
Article 878: Suspensive Term A
disposition with a suspensive term doesn't
prevent the heir from acquiring and
transmitting rights before the term's arrival.
Article 879: Negative Potestative
Conditions If a negative potestative
condition is imposed, the heir complies by
providing security against contravention,
promising to return whatever is received
with its fruits and interests in case of
violation.
Article 880: Administration during
Suspensive Conditions If the heir is
instituted under a suspensive condition or
term, the estate is placed under
administration until fulfillment or certainty
of non-fulfillment, or until the term's arrival.
The same applies if the heir fails to provide
the required security.
Article 881: Administration Rules The
appointment, administration, and rights
and obligations of the administrator are
governed by the Rules of Court.
Article 882: Object of Institution Not a
Condition Statements regarding the
object of institution or the use of the
property are not considered conditions
unless explicitly intended by the testator.
The instituted heir or their heirs can claim
the bequest, provided they give security for
compliance and return of anything
received, along with its fruits and interests,
if they disregard this obligation.
Article 883: Analogous Fulfillment of
Conditions If an institution cannot take
effect exactly as stated due to no fault of
the heir, it shall be fulfilled in a manner
most analogous and in conformity with the
testator's wishes. If the interested person
prevents fulfillment without the heir's fault,
the condition is deemed fulfilled.
Article 884: Conditions Governed by
Conditional Obligation Rules Conditions
imposed by the testator on the heirs are
governed by rules established for
conditional obligations unless provided
otherwise.
Article 885: Validity of Designating
Commencement or Cessation of Heir's
Effects The designation of the day or time
when the effects of an heir's institution shall
commence or cease is valid. In both cases,
the legal heir is considered called to the
succession until the period arrives or
expires. In the first case, the legal heir does
not enter into possession until sufficient
security is given with the intervention of the
instituted heir.
SECTION 5
Legitime
Article 886: Legitime Legitime is the
portion of the testator's property that
cannot be freely disposed of, reserved by
law for certain compulsory heirs.
Article 887: Compulsory Heirs
Compulsory heirs include:
Legitimate children and descendants.
Legitimate parents and ascendants if
there are no legitimate children or
descendants.
The widow or widower.
Acknowledged natural children, natural
children by legal fiction, and other
illegitimate children as specified.
Compulsory heirs from different
categories do not exclude each other.
Article 888: Legitime of Legitimate
Children and Descendants Legitime of
legitimate children and descendants is half
of the hereditary estate of each parent. The
remaining half can be freely disposed of by
the parents.
Article 889: Legitime of Legitimate
Parents or Ascendants Legitime of
legitimate parents or ascendants is half of
their children's or descendants' hereditary
estate. The other half can be freely
disposed of by the children or
descendants.
Article 890: Division of Legitime for
Legitimate Parents Legitime reserved for
legitimate parents is divided equally
between them. If one parent is deceased,
the entire share passes to the surviving
parent. If there are no parents but
ascendants of equal degree, it is divided
equally. If ascendants are of different
degrees, it pertains to the nearest ones.
Article 891: Reservation of Property
Acquired Gratuitously An ascendant
inheriting property acquired gratuitously by
a descendant is obliged to reserve it for
relatives within the third degree of the line
from which the property came.
Article 892: Legitime of Surviving
Spouse with Legitimate Children If
there's one legitimate child or descendant,
the surviving spouse is entitled to one-
fourth of the hereditary estate. If there are
two or more, the surviving spouse gets a
portion equal to each legitimate child's
legitime.
Article 893: Legitime of Surviving
Spouse with Legitimate Ascendants If
the testator leaves no legitimate
descendants but legitimate ascendants,
the surviving spouse is entitled to one-
fourth of the hereditary estate.
Article 894: Legitime of Surviving
Spouse with Illegitimate Children If there
are illegitimate children, the surviving
spouse gets one-third, and illegitimate
children receive another third. The
remaining third is at the testator's free
disposal.
Article 895: Legitime of Illegitimate
Children Legitime of acknowledged
natural children and natural children by
legal fiction is half of the legitime of
legitimate children. Other illegitimate
children's legitime is four-fifths of
acknowledged natural children's legitime,
taken from the testator's free portion, but
not exceeding it.
Article 896: Legitime of Illegitimate
Children with Legitimate Parents
Illegitimate children surviving with
legitimate parents are entitled to one-fourth
of the hereditary estate from the testator's
free portion.
Article 897: Legitime of Surviving
Spouse with Various Children If the
surviving spouse coexists with legitimate
children and acknowledged natural or
legally fictitious children, the share of the
surviving spouse is equal to the legitime of
legitimate children.
Article 898: Legitime of Surviving
Spouse with Different Illegitimate
Children If the surviving spouse lives with
legitimate children and illegitimate children
other than acknowledged natural or legally
fictitious, the share remains the same as in
the preceding article.
Article 899: Legitime of Surviving
Spouse with Illegitimate Children and
Ascendants When the surviving spouse
coexists with legitimate parents and
illegitimate children, the surviving spouse
gets one-eighth from the free portion, and
illegitimate children receive one-fourth
from the disposable portion. The testator
freely disposes of the remaining one-
eighth.
Article 900: Sole Survivor - Surviving
Spouse's Legitime If the only survivor is
the widow or widower, they get half of the
hereditary estate, and the testator may
freely dispose of the other half. If the
marriage occurred in articulo mortis, the
surviving spouse's legitime is one-third
unless they lived as husband and wife for
over five years, in which case, the legitime
is as specified earlier.
Article 901: Illegitimate Children as Sole
Heirs When the testator dies leaving only
illegitimate children, they are entitled to half
of the hereditary estate, and the remaining
half is freely disposed of by the testator.
Article 902: Transmission of Rights of
Illegitimate Children Rights of illegitimate
children, as mentioned in the preceding
articles, are transmitted upon their death to
their descendants, whether legitimate or
illegitimate.
Article 903: Legitime of Parents with No
Surviving Heirs If the parents have an
illegitimate child, the parents' legitime is
half of the hereditary estate if the child
leaves no legitimate descendants,
surviving spouse, or illegitimate children. If
only legitimate or illegitimate children are
left, the parents have no legitime. If the
surviving spouse coexists with parents of
the illegitimate child, each is entitled to
one-fourth of the hereditary estate.
Article 904: Protection of Compulsory
Heirs Testators cannot deprive
compulsory heirs of their legitime, impose
burdens or conditions, except as expressly
specified by law.
Article 905: Void Renunciation or
Compromise of Legitime Renunciation or
compromise regarding future legitime
between the person owing it and
compulsory heirs is void. Compulsory heirs
can claim the legitime upon the person's
death, but they must bring to collation any
received amounts.
Article 906: Satisfaction of Legitime Any
compulsory heir receiving less than their
legitime by any title may demand the full
satisfaction of their legitime.
Article 907: Reduction of Testamentary
Dispositions Testamentary dispositions
that diminish or impair the legitime of
compulsory heirs can be reduced upon the
heirs' petition if they are inofficious or
excessive.
Article 908: Determination of Legitime
To determine the legitime, the net value of
the property left at the testator's death,
deducting debts and charges, is
considered. The value of donations subject
to collation made by the testator is added
to this net value.
Article 909: Charging Donations to
Legitime Donations given to children are
charged to their legitime. Donations to
strangers are charged to the disposable
portion. Inofficious or excessive donations
are reduced according to the Code.
Article 910: Charging Illegitimate
Children's Donations Donations received
by an illegitimate child during the lifetime of
their parent are charged to their legitime,
and if exceeding the disposable portion,
they are reduced according to the Code.
Article 911: Reduction of Testamentary
Dispositions After determining the
legitime, reductions are made as follows:
Donations are respected as long as
legitime can be covered, reducing or
annulling devises or legacies.
Reduction of devises or legacies is pro
rata without distinction.
If a devise or legacy is a usufruct or life
annuity, the compulsory heirs may
choose compliance or deliver the part
of the inheritance of which the testator
could freely dispose.
Article 912: Devise Subject to
Reduction - Real Property If the devise
subject to reduction is real property that
can't be divided conveniently, it goes to the
devisee if the reduction doesn't absorb half
its value. Otherwise, it goes to the
compulsory heirs, with reimbursement
between them.
Article 913: Public Auction of Undivided
Property If heirs or devisees don't choose
the rights granted in the previous article,
any heir or devisee without such right may
exercise it. If not used, the property is sold
at public auction at the request of any
interested party.
Article 914: Freedom of Testator to
Devise Free Portion The testator may
freely devise the free portion as deemed
fit.**
Top of Form
Bottom of Form
SECTION 6
Disinheritance
Article 915: Deprivation of Legitime
Through Disinheritance A compulsory
heir may be deprived of their legitime
through disinheritance, but only for causes
expressly stated by law.
Article 916: Disinheritance through Will
Disinheritance can only be done through a
will, and the legal cause must be specified
in the will.
Article 917: Burden of Proof for
Disinheritance The burden of proving the
truth of the cause for disinheritance falls
upon the other heirs if the disinherited heir
denies it.
Article 918: Effects of Disinheritance
Without Specification or Unproven
Cause Disinheritance without specifying
the cause or for an unproven cause annuls
the institution of heirs only to the extent it
prejudices the disinherited person. Devise,
legacies, and other testamentary
dispositions remain valid to the extent they
don't impair the legitime.
Article 919: Causes for Disinheritance
of Children and Descendants Sufficient
causes for disinheritance of children and
descendants, whether legitimate or
illegitimate, include:
Attempt against the life of the testator
or family members.
False accusation of a crime punishable
by six or more years of imprisonment.
Conviction of adultery or concubinage
with the testator's spouse.
Causing the testator to make or change
a will through fraud, violence,
intimidation, or undue influence.
Unjustifiable refusal to support the
disinheriting parent or ascendant.
Maltreatment of the testator by the child
or descendant.
Leading a dishonorable or disgraceful
life.
Conviction of a crime resulting in civil
interdiction.
Article 920: Causes for Disinheritance
of Parents or Ascendants Sufficient
causes for disinheritance of parents or
ascendants, whether legitimate or
illegitimate, include reasons similar to
those for disinheriting children, along with
specific reasons like:
Abandonment of children or inducing
daughters to lead a corrupt life.
Loss of parental authority for specified
reasons.
Attempt against the life of the testator or
family members.
False accusation of a crime punishable by
six or more years of imprisonment.
Conviction of adultery or concubinage with
the testator's spouse.
Causing the testator to make or change a
will through fraud, violence, intimidation, or
undue influence.
Unjustifiable refusal to support children or
descendants.
Attempt by one parent against the life of the
other unless there is reconciliation.
Article 921: Causes for Disinheritance
of Spouse Sufficient causes for
disinheriting a spouse include:
Conviction of an attempt against the life of
the testator or family members.
False accusation of a crime punishable by
six or more years of imprisonment.
Causing the testator to make or change a
will through fraud, violence, intimidation, or
undue influence.
Giving cause for legal separation.
Giving grounds for the loss of parental
authority.
Unjustifiable refusal to support children or
the other spouse.
Article 922: Subsequent Reconciliation
Nullifies Disinheritance A subsequent
reconciliation between the offender and the
offended person nullifies the right to
disinherit and renders any previous
disinheritance ineffective.
Article 923: Rights of Disinherited
Person's Children and Descendants
Children and descendants of a disinherited
person take their place and preserve the
rights of compulsory heirs concerning the
legitime. However, the disinherited parent
does not have the usufruct or
administration of the property constituting
the legitime.**
SECTION 7
Legacies and Devises
Article 924: Bequeathing Things and
Rights All things and rights within the
commerce of man can be bequeathed or
devised.
Article 925: Charging Legatees and
Devisees A testator may charge not only
his compulsory heirs but also legatees and
devisees with legacies and devises.
Legatees and devisees are liable for the
charge only to the extent of the value of the
legacy or devise received by them.
Compulsory heirs are liable only up to the
amount of the free portion given to them.
Article 926: Liability for Legacy or
Devise Charges If the testator charges
one heir with a legacy or devise, that heir
alone is bound. If no specific heir is
charged, all heirs are liable in the
proportion in which they inherit.
Article 927: Solidary Liability for Loss or
Destruction If two or more heirs take
possession of the estate, they are solidarily
liable for the loss or destruction of a thing
devised or bequeathed, even if only one of
them is negligent.
Article 928: Liability in Case of Eviction
The heir who is bound to deliver the legacy
or devise is liable in case of eviction,
especially when the thing is indeterminate
and indicated only by its kind.
Article 929: Legacy or Devise of
Indeterminate Thing If the testator, heir,
or legatee owns only a part or interest in
the bequeathed thing, the legacy or devise
is limited to that part or interest unless the
testator explicitly gives the entire thing.
Article 930: Legacy of Thing Belonging
to Another Person The legacy or devise
of a thing belonging to another person is
void if the testator erroneously believed it
belonged to him. However, if the
bequeathed thing later becomes the
testator's property, the disposition takes
effect.
Article 931: Acquiring a Thing Ordered
to be Acquired If the testator orders the
acquisition of a thing belonging to another
for a legatee or devisee, the heir or estate
must acquire it. If the owner refuses to sell
or demands an excessive price, the heir or
estate is only obliged to pay the just value.
Article 932: Legacy or Devise of Thing
Already Belonging to Legatee The
legacy or devise of a thing that already
belonged to the legatee at the time of the
will's execution is ineffective, even if others
have an interest in it. An explicit order for
the thing to be freed from such interest
makes the legacy or devise valid to that
extent.
Article 933: Legacy of Thing Already
Belonging to Legatee If the bequeathed
thing already belonged to the legatee at the
time of the will's execution, the legacy or
devise is without effect, even if later
alienated. If acquired gratuitously
afterward, the legatee cannot claim
anything. If acquired onerously, the legatee
can demand reimbursement.
Article 934: Legacy of Pledged or
Mortgaged Thing If the bequeathed thing
is pledged or mortgaged to secure a
recoverable debt before or after the will's
execution, the estate is obliged to pay the
debt, unless a contrary intention appears.
Other charges with which the thing is
burdened also pass to the legatee or
devisee.
Article 935: Legacy of Credit or Debt
Release A legacy of a credit or the
remission or release of a debt is effective
only regarding the part existing at the time
of the testator's death. The estate complies
with the legacy by assigning rights of action
against the debtor or providing an
acquittance if requested. The legacy
includes all interests due at the testator's
death.
Article 936: Lapse of Legacy in Case of
Action Against Debtor The legacy
referred to in the previous article lapses if
the testator, after making it, brings an
action against the debtor for payment,
even if payment hasn't occurred by the
time of the testator's death. The legacy to
the debtor of a pledged thing only
discharges the right of pledge.
Article 937: Generic Legacy of Release
or Remission of Debts A generic legacy
of the release or remission of debts
includes those existing at the time of the
will's execution, excluding subsequent
ones.
Article 938: Legacy or Devise to
Creditor A legacy or devise made to a
creditor shall not be applied to his credit
unless expressly declared by the testator.
The creditor has the right to collect any
excess over the credit, legacy, or devise.
Article 939: Testator's Order to Pay
What He Believes He Owes If the testator
orders the payment of what he believes he
owes but does not, the disposition is
considered not written. If more than the
specified debt amount is ordered paid, the
excess is not due unless a contrary
intention appears. These provisions do not
affect the fulfillment of natural obligations.
Article 940: Alternative Legacies or
Devises In alternative legacies or devises,
the choice is presumed to be left to the heir,
executor, or administrator. If the heir,
legatee, or devisee with the choice dies
before making it, the right passes to their
respective heirs. Once made, the choice is
irrevocable.
Article 941: Validity of Generic Personal
Property Legacy A legacy of generic
personal property is valid even if there are
no things of the same kind in the estate. A
devise of indeterminate real property is
valid only if there is immovable property of
its kind in the estate. The executor or
administrator has the right of choice and
must comply with the legacy by delivering
a thing of neither inferior nor superior
quality.
Article 942: Right of Choice Expressly
Left If the testator expressly leaves the
right of choice to the heir, legatee, or
devisee, they may give or choose
whichever they prefer.
Article 943: Passing of Right of Choice
If the heir, legatee, or devisee cannot make
the choice, the right passes to their heirs,
but a choice once made is irrevocable.
Article 944: Duration of Legacies for
Education and Support A legacy for
education lasts until the legatee reaches
the age of majority or finishes a course
diligently. A legacy for support lasts during
the legatee's lifetime if the testator has not
provided otherwise. The amount of these
legacies is determined based on social
standing, circumstances of the legatee,
and the value of the estate.
Article 945: First Installment of
Periodical Pension For periodical
pensions or certain annual, monthly, or
weekly amounts, the legatee may petition
the court for the first installment upon the
testator's death and subsequent ones at
the beginning of each period.
Article 946: Respect for Usufruct in
Bequeathed Thing If the bequeathed
thing is subject to usufruct, the legatee or
devisee must respect the right until it is
legally extinguished.

Article 947: Acquisition of Rights by
Legatee or Devisee The legatee or
devisee acquires the right to pure and
simple legacies or devises from the death
of the testator, transmitting it to their heirs.
Article 948: Ownership of Specific and
Determinate Thing If the legacy or devise
is of a specific and determinate thing
belonging to the testator, the legatee or
devisee acquires ownership upon the
testator's death. They bear the risk of loss
or deterioration from the testator's death,
benefiting from any increase or
improvement.
Article 949: Fruits and Interests for
Generic or Quantity Legacy If the
bequeathed thing is generic or of a
quantity, its fruits and interests from the
time of the testator's death pertain to the
legatee or devisee if expressly ordered by
the testator.
Article 950: Priority of Payment for
Legacies If the estate is insufficient to
cover all legacies, payment is made in the
following order:
Remuneratory legacies
Legacies declared preferential by the
testator
Legacies for support
Legacies for education
Legacies of a specific determinate thing
All others pro rata
Article 951: Delivery of Bequeathed
Thing with Accessories The bequeathed
thing shall be delivered with all its
accessories and in the condition it was
upon the testator's death.
Article 952: Delivery of Thing
Bequeathed The heir, charged with a
legacy or devise, or the executor or
administrator, must deliver the actual thing
bequeathed if possible. Payment of its
value is insufficient unless delivery is
impossible. Legacies of money must be
paid in cash, even if the heir or estate has
none. Delivery expenses are borne by the
heir or estate, without prejudice to the
legitime.
Article 953: Legatee or Devisee's
Request for Delivery The legatee or
devisee cannot take possession of the
thing bequeathed on their own authority
but must request its delivery from the heir,
executor, or administrator, authorized by
the court if needed.
Article 954: Acceptance or Repudiation
of Part of Legacy The legatee or devisee
cannot accept part of the legacy and
repudiate the rest if the latter is onerous. If
the legatee dies before acceptance, some
of the heirs may accept, and others may
repudiate their respective shares.
Article 955: Renunciation of Onerous
Legacy A legatee or devisee of two
legacies or devises, one onerous, cannot
renounce the onerous one and accept the
other. If both are onerous or gratuitous, the
legatee may accept or renounce both or
either. If the testator intended
inseparability, the legatee must accept or
renounce both. A compulsory heir who is
also a legatee or devisee may waive the
inheritance and accept the legacy or
devise, or renounce the latter and accept
the former.
 CHAPTER 3
Article 956: Legacy or Devise Lapsing If
the legatee or devisee cannot or is Legal or Intestate Succession
unwilling to accept, or if the legacy or
devise becomes ineffective, it merges into
the mass of the estate, except in cases of SECTION 1
substitution and the right of accretion.
General Provisions

Article 957: Legacy or Devise Without

Article 961: Vesting of Inheritance in
Effect The legacy or devise is without
Default of Testamentary Heirs In the
effect if:
absence of testamentary heirs, the law
vests the inheritance in the legitimate and
illegitimate relatives of the deceased, the
The testator transforms the thing in
surviving spouse, and the State. The rules
such a manner that it loses its form or
for this vesting are set forth in the
denomination.
subsequent articles.
The testator alienates the thing or any
part thereof, unless the reacquisition is
due to the right of repurchase. Article 962: Order of Inheritance

The bequeathed thing is totally lost

during the testator's lifetime or after his
death without the heir's fault. The
person responsible for paying the
legacy or devise is liable for eviction if
the thing was indeterminate.
In every inheritance, the relative nearest in
degree excludes more distant relatives.
The order of inheritance is as follows:
Legitimate children and descendants.

Legitimate parents and ascendants.

Article 958: Mistake in the Name of the
Thing Bequeathed A mistake in the name Illegitimate children and descendants.
of the thing bequeathed is inconsequential
if it's possible to identify the thing the Surviving spouse.
testator intended to bequeath.
Illegitimate parents.

Brothers and sisters, whether legitimate or

Article 959: Disposition in Favor of
illegitimate.
Testator's Relatives A disposition in
general terms in favor of the testator's
Nephews and nieces, whether legitimate or
relatives is understood to be in favor of
illegitimate.
those nearest in degree.**
Other collateral relatives within the fifth
Top of Form
degree, whether legitimate or illegitimate.
Bottom of Form
The State, in default of any of the above-
mentioned relatives.
Relatives in the same degree inherit in
equal shares, subject to rules regarding
relatives of the full and half blood and
division between paternal and maternal
lines. The right of representation applies
when appropriate.
SUBSECTION 1. Relationship
Article 963: Determination of Proximity
of Relationship
The proximity of relationship is determined
by the number of generations, and each
generation forms a degree.
Article 964: Formation of Lines
A series of degrees forms a line, which can
be direct or collateral.
A direct line consists of the series of
degrees among ascendants and
descendants.
A collateral line consists of the series of
degrees among persons who are not
ascendants and descendants but share a
common ancestor.
Article 965: Types of Direct Line
The direct line can be either descending or
ascending.
The descending direct line connects the
head of the family with those who descend
from him.
The ascending direct line binds a person
with those from whom he descends.
Article 966: Counting Degrees in the
Line
In the line, as many degrees are counted
as there are generations or persons,
excluding the progenitor.
In the direct line, ascent is made to the
common ancestor, counting one degree for
each generation.
In the collateral line, ascent is made to the
common ancestor, and then descent is
made to the person with whom the
computation is to be made.
Article 967: Full and Half Blood
Relationship
Full blood relationship exists between
persons who share the same father and
the same mother.
Half blood relationship exists between
persons who have the same father but not
the same mother, or the same mother but
not the same father.
Article 968: Accrual of Portion in Case
of Repudiation
If there are several relatives of the same
degree, and one or some of them are
unwilling or incapacitated to succeed, their
portion shall accrue to the others of the
same degree, except for the right of
representation.
Article 969: Inheritance Repudiation
and Succession
If the inheritance is repudiated by the
nearest relative, or by all the nearest
relatives called by law to succeed, those of
the following degree shall inherit in their
own right and cannot represent the person
or persons repudiating the inheritance.
SUBSECTION 2. Right of
Representation
Article 970: Nature of Representation
Representation is a legal fiction that raises
the representative to the place and degree
of the person represented, granting them
the rights the latter would have if alive or
capable of inheriting.
Article 971: Representative Called by
Law
Representation is a right created by law,
and the representative is called to the
succession by the law, not by the person
represented. The representative succeeds
the one whom the person represented
would have succeeded.
Article 972: Scope of Representation
The right of representation occurs in the
direct descending line but never in the
ascending line.
In the collateral line, representation occurs
only in favor of the children of brothers or
sisters, whether they are of the full or half
blood.
Article 973: Conditions for
Representation
For representation to take place, the
representative must be capable of
succeeding the decedent.
Article 974: Division of Estate in
Representation
In cases of succession by representation,
the division of the estate is made per
stirpes. The representatives inherit only
what the person they represent would
inherit if alive or capable of inheriting.
Article 975: Representation Among
Children of Brothers or Sisters
When children of one or more brothers or
sisters of the deceased survive, they inherit
by representation if they survive with their
uncles or aunts. If they alone survive, they
inherit in equal portions.
Article 976: Representation Despite
Renunciation
A person may represent the one whose
inheritance they have renounced.
Article 977: Exclusion of
Representation for Repudiating Heirs
Heirs who repudiate their share may not be
represented.

SECTION 2
Order of Intestate Succession
SUBSECTION 1. Descending Direct Line
Article 978: Order of Succession
Succession occurs first in the descending
direct line.
Article 979: Succession of Legitimate
Children and Their Descendants
Legitimate children and their descendants
succeed the parents and other ascendants
without distinction as to sex or age, even if
they come from different marriages.
Adopted children inherit from the adopting
parents in the same manner as legitimate
children.
Article 980: Equal Inheritance Among
Children
The children of the deceased inherit from
him in their own right, dividing the
inheritance equally.
Article 981: Inheritance in Presence of
Descendants of Deceased Children
If children of the deceased and
descendants of other children who are
dead survive, the former inherit in their own
right, and the latter inherit by right of
representation.
Article 982: Inheritance of
Grandchildren and Other Descendants
Grandchildren and other descendants
inherit by right of representation. If a
descendant has died, leaving several
heirs, the portion belonging to them is
divided equally.
Article 983: Shares of Illegitimate
Children
If illegitimate children survive with
legitimate children, the shares of the
former are determined by the proportions
prescribed in Article 895.
Article 984: Inheritance in Case of Death
of Adopted Child
In case of the death of an adopted child,
leaving no children or descendants, their
legal heirs are their parents and relatives
by consanguinity (blood relation) and not
by adoption.
SUBSECTION 2. Ascending Direct Line
Article 985: Inheritance in the Absence
of Legitimate Children and
Descendants
If there are no legitimate children and
descendants of the deceased, his parents
and ascendants shall inherit from him, and
collateral relatives are excluded.
Article 986: Equal Inheritance of Father
and Mother
If both the father and mother are living, they
shall inherit in equal shares.
If only one of them survives, he or she shall
inherit the entire estate of the child.
Article 987: Inheritance in the Absence
of Father and Mother
If the father and mother are not alive, the
nearest ascendants shall inherit.
If there is more than one ascendant of
equal degree in the same line, they divide
the inheritance per capita.
If there are ascendants of equal degree in
different lines, one-half goes to the
paternal ascendants, and the other half
goes to the maternal ascendants. The
division is per capita within each line.
SUBSECTION 3. Illegitimate Children
Article 988: Succession of Illegitimate
Children
In the absence of legitimate descendants
or ascendants, the entire estate of the
deceased shall be succeeded by
illegitimate children.
Article 989: Succession of Illegitimate
Children with Descendants of Another
Illegitimate Child
If illegitimate children survive along with
descendants of another illegitimate child
who is deceased, the surviving illegitimate
children shall inherit in their own right, and
the descendants of the deceased
illegitimate child shall inherit by right of
representation.
Article 990: Transmission of Hereditary
Rights to Descendants of Illegitimate
Children
The hereditary rights granted to illegitimate
children in the preceding articles shall be
transmitted to their descendants upon their
death. The descendants shall inherit by
right of representation from their deceased
grandparent.
Article 991: Division of Inheritance
Between Legitimate Ascendants and
Illegitimate Children
If legitimate ascendants are present,
illegitimate children shall divide the
inheritance with them, taking one-half of
the estate, regardless of the number of
ascendants or illegitimate children.
Article 992: No Right to Inherit Between
Illegitimate and Legitimate Children and
Relatives
Illegitimate children have no right to inherit
ab intestato from the legitimate children
and relatives of their father or mother, and
vice versa.
Article 993: Inheritance of Illegitimate
Child Without Issue
If an illegitimate child dies without
legitimate or illegitimate issue, the father or
mother shall succeed to the entire estate.
If both parents are living and the child's
filiation is duly proved for both, they shall
inherit equally.
Article 994: Inheritance in the Absence
of Father or Mother for Illegitimate Child
In the absence of the father or mother, an
illegitimate child shall be succeeded by the
surviving spouse, who is entitled to the
entire estate.
If the widow or widower survives along with
brothers, sisters, nephews, and nieces,
she or he shall inherit one-half, and the
latter shall inherit the other half.
SUBSECTION 4. Surviving Spouse
Article 995: Succession of the Surviving
Spouse in the Absence of Legitimate
and Illegitimate Descendants and
Ascendants
In the absence of legitimate descendants
and ascendants, and illegitimate children
and their descendants (whether legitimate
or illegitimate), the surviving spouse shall
inherit the entire estate. This is without
prejudice to the rights of brothers and
sisters, nephews, and nieces under Article
1001.
Article 996: Share of the Surviving
Spouse When Legitimate Children or
Descendants are Present
If a widow or widower and legitimate
children or descendants exist, the surviving
spouse has the same share in the
succession as each of the children.
Article 997: Share of the Surviving
Spouse With Legitimate Parents or
Ascendants
When the widow or widower survives with
legitimate parents or ascendants, the
surviving spouse is entitled to one-half of
the estate, and the legitimate parents or
ascendants are entitled to the other half.
Article 998: Share of the Surviving
Spouse With Illegitimate Children
If a widow or widower survives with
illegitimate children, the surviving spouse
is entitled to one-half of the inheritance,
and the illegitimate children or their
descendants (whether legitimate or
illegitimate) are entitled to the other half.
Article 999: Share of the Surviving
Spouse With Both Legitimate and
Illegitimate Children
When the widow or widower survives with
both legitimate children (or their
descendants) and illegitimate children (or
their descendants), the surviving spouse is
entitled to the same share as that of a
legitimate child.
Article 1000: Share of Legitimate
Ascendants, Surviving Spouse, and
Illegitimate Children
If legitimate ascendants, the surviving
spouse, and illegitimate children are
present, the ascendants shall be entitled to
one-half of the inheritance. The other half
is divided between the surviving spouse
and the illegitimate children, with the widow
or widower receiving one-fourth, and the
illegitimate children receiving the other
fourth.
Article 1001: Share of the Surviving
Spouse With Brothers and Sisters or
Their Children
If brothers and sisters or their children
survive with the widow or widower, the
latter is entitled to one-half of the
inheritance, and the brothers and sisters or
their children are entitled to the other half.
Article 1002: Rights of Surviving
Spouse in Case of Legal Separation
In case of legal separation, if the surviving
spouse caused the separation, he or she
shall not have the rights granted in the
preceding articles.
SUBSECTION 5: Collateral Relatives
Article 1003: Succession of Collateral
Relatives
If there are no descendants, ascendants,
illegitimate children, or a surviving spouse,
the collateral relatives shall succeed to the
entire estate of the deceased.
Article 1004: Equal Inheritance of Full
Blood Siblings
If the only survivors are brothers and
sisters of the full blood, they shall inherit in
equal shares.
Article 1005: Inheritance of Full Blood
Siblings and Nephews/Nieces
If brothers and sisters survive along with
nephews and nieces (children of the
descendant's full-blood siblings), the
brothers and sisters inherit per capita, and
the nephews and nieces inherit per stirpes.
Article 1006: Double Share for Full
Blood Siblings Compared to Half Blood
Siblings
If full-blood siblings survive along with half-
blood siblings, the full-blood siblings are
entitled to a share double that of the half-
blood siblings.
Article 1007: Equal Inheritance for Half
Blood Siblings
If only half-blood siblings survive, some on
the father's side and some on the mother's
side, all shall inherit in equal shares without
distinction as to the origin of the property.
Article 1008: Inheritance of Children of
Half Blood Siblings
Children of half-blood siblings shall
succeed per capita or per stirpes, following
the rules for full-blood siblings.
Article 1009: Succession of Other
Collateral Relatives
In the absence of brothers, sisters, and
children of brothers or sisters, other
collateral relatives shall succeed to the
estate. They shall inherit without distinction
of lines or preference based on the
relationship by the whole blood.
Article 1010: Limitation on Collateral
Inheritance
The right to inherit ab intestato shall not
extend beyond the fifth degree of
relationship in the collateral line.
SUBSECTION 6. The State
Article 1011: Inheritance by the State in
Default of Other Heirs
If there are no persons entitled to succeed
in accordance with the provisions of the
preceding sections, the State shall inherit
the entire estate.
Article 1012: Procedure for State
Inheritance
For the State to take possession of the
property mentioned in the preceding
article, the relevant provisions of the Rules
of Court must be observed.
Article 1013: Assignment of Personal
and Real Property to Municipalities or
Cities
After the payment of debts and charges,
personal property shall be assigned to the
municipality or city where the deceased
last resided in the Philippines. Real estate
shall be assigned to the municipalities or
cities, respectively, where it is situated.
If the deceased never resided in the
Philippines, the entire estate shall be
assigned to the respective municipalities or
cities where the property is located.
The assigned estate shall be for the benefit
of public schools, public charitable
institutions, and centers in the designated
municipalities or cities.
The court shall distribute the estate based
on the respective needs of each
beneficiary, and, at the instance of an
interested party or on its own motion, may
order the establishment of a permanent
trust so that only the income from the
property shall be used.
Article 1014: Rightful Claim to the
Estate by a Legal Heir
If a person legally entitled to the estate of
the deceased appears and files a claim
with the court within five years from the
date the property was delivered to the
State, that person shall be entitled to the
possession of the same. If the property has
been sold, the municipality or city shall be
accountable to the claimant for such part of
the proceeds that may not have been
lawfully spent.
CHAPTER 4
Provisions Common to Testate and
Intestate Successions
SECTION 1
Right of Accretion
Article 1015: Accretion
Definition: Accretion is a right wherein,
when two or more persons are called to the
same inheritance, devise, or legacy, the
share of the person who renounces,
cannot receive, or dies before the testator
is added to that of the surviving co-heirs,
co-devisees, or co-legatees.
Article 1016: Conditions for Accretion in
Testamentary Succession
Two or more persons must be called to the
same inheritance or portion pro indiviso.
One of the persons called must die before
the testator, renounce the inheritance, or
be incapacitated to receive it.
Article 1017: Exception to Exclusion of
Accretion
Terms like "one-half for each" or "in equal
shares" that don't specify a particular
property don't exclude the right of
accretion. Accretion can occur, especially
with money or fungible goods if shares are
not earmarked.
Article 1018: Accretion in Legal
Succession
In legal succession, the share of the
person repudiating the inheritance always
accrues to their co-heirs.
Article 1019: Accretion among Heirs
Heirs to whom the portion accrues through
accretion take it in the same proportion as
their inheritance.
Article 1020: Rights and Obligations in
Accretion
Heirs to whom the inheritance accrues
through accretion succeed to all the rights
and obligations of the heir who renounced
or could not receive it.
Article 1021: Accretion Among
Compulsory Heirs
Accretion among compulsory heirs occurs
when the free portion is left to two or more
of them or to one of them and a stranger.
If the repudiated part is the legitime, other
co-heirs succeed to it in their own right, not
by accretion.
Article 1022: Vacant Portion in
Testamentary Succession
In testamentary succession, when
accretion doesn't occur, the vacant portion
of instituted heirs, with no designated
substitute, passes to the legal heirs of the
testator with the same charges and
obligations.
Article 1023: Accretion Among
Devisees, Legatees, and Usufructuaries Incapacity to succeed includes specific
individuals (e.g., priests, witnesses),
associations, and corporations not
Accretion also takes place among permitted by law.
devisees, legatees, and usufructuaries
under the same conditions as heirs.
Article 1028: Application of Donation
Prohibitions to Testamentary
SECTION 2: Capacity to Succeed by Will Provisions
or by Intestacy

Prohibitions concerning donations inter

Article 1024: Capacity to Succeed vivos also apply to testamentary
provisions.

Persons not incapacitated by law may

succeed by will or intestacy. Incapacity by Article 1029: Bequest for Prayers and
will also applies to intestate succession. Pious Works

Article 1025: Criteria for Capacity to A bequest for prayers and pious works
Inherit without specifying its application will be
divided between the church or
denomination and the State for designated
To inherit, the heir, devisee, or legatee purposes.
must be living at the time the succession
opens.
Article 1030: Testamentary Provisions
A child conceived at the time of death is for the Poor
capable of inheriting if born under
conditions prescribed in Article 41.
Testamentary provisions for the poor are
deemed limited to those in the domicile of
Article 1026: Testamentary Disposition the testator unless the intention is clear
to Entities otherwise.

Testamentary disposition can be made to Article 1031: Testamentary Provisions

the State, provinces, municipalities, private for Disqualified Persons
corporations, organizations, or
associations for specified purposes.
A testamentary provision for a disqualified
Other entities may succeed under a will
person, even under the guise of an
unless their charter or laws restrict it.
onerous contract or through an
intermediary, is void.
Article 1027: Incapacity to Succeed
 acting in good faith. Co-heirs have the right
Article 1032: Incapacity Due to to recover damages.
Unworthiness

Article 1037: Rights of the Excluded

Unworthiness includes parents who
abandoned their children, individuals
convicted of certain offenses, and those
who commit fraud or violence to influence
the testator.
Article 1033: Effect of Testator's
Knowledge on Unworthiness
The cause of unworthiness is without effect
if the testator knew about it when making
the will or subsequently condoned it in
writing.
Article 1034: Criteria for Judging
Capacity
Unworthy Heir
The excluded unworthy heir has the right to
demand indemnity for expenses incurred in
preserving hereditary property and enforce
credits against the estate.
Article 1038: Obligation to Return
Hereditary Property
A person incapable of succession who
entered into possession of hereditary
property against prohibitions must return it
with its accessions, and is liable for fruits
and rents received.

Article 1039: Governing Law for

Capacity to succeed is judged based on Capacity to Succeed
the heir's qualifications at the time of the
decedent's death.
Capacity to succeed is governed by the law
of the nation of the decedent.
Article 1035: Legitime Rights of
Excluded Persons
Article 1040: Time Limit for Actions on
Capacity to Succeed
If an excluded person is a child or
descendant of the decedent and has
children or descendants, they acquire the Actions for a declaration of incapacity and
right to the legitime. the recovery of inheritance must be
brought within five years from the time the
disqualified person took possession. Any
Article 1036: Validity of Alienations by interested party may bring the action.
the Excluded Heir

Alienations and acts of administration by

the excluded heir before the judicial order SECTION 3
of exclusion are valid against third parties
Acceptance and Repudiation of the
Inheritance
Article 1041: Acceptance
Repudiation of Inheritance
The acceptance or repudiation of an
inheritance is a voluntary and free act.
Article 1042: Retroactive Effects of
Acceptance or Repudiation
The effects of acceptance or repudiation
retroact to the moment of the decedent's
death.
Article 1043: Conditions for Acceptance
or Repudiation
Acceptance or repudiation is allowed only
when the person is certain about the death
of the decedent and their right to the
inheritance.
Article 1044: Capacity to Accept or
Repudiate
Any person with free disposal of property
may accept or repudiate an inheritance.
Inheritance left to minors or incapacitated
persons may be accepted by parents or
guardians. Repudiation by parents or
guardians requires judicial authorization.
The right to accept an inheritance left to the
poor belongs to persons designated by the
testator or, in default, those mentioned in
Article 1030.
Article 1045: Acceptance or
Repudiation by Corporations, etc.
or Representatives of qualified corporations,
associations, institutions, and entities may
accept an inheritance. Repudiation
requires court approval.
Article 1046: Public Officials and
Inheritance
Public official establishments cannot
accept or repudiate an inheritance without
government approval.
Article 1047: Married Woman's Right to
Repudiate
A married woman of age can repudiate an
inheritance without her husband's consent.
Article 1048: Deaf-Mutes and
Acceptance or Repudiation
Deaf-mutes who can read and write may
accept or repudiate personally or through
an agent. Guardians accept or repudiate
for those unable to read and write.
Article 1049: Express and Tacit
Acceptance
Acceptance can be express or tacit.
Express acceptance must be in a public or
private document. Tacit acceptance results
from acts implying intention to accept.
Article 1050: Deemed Acceptance

An inheritance is deemed accepted if the
heir sells, donates, assigns the right to a
stranger or co-heir, or if the heir renounces
it.
Renunciation, even gratuitously, for the
benefit of co-heirs, or for a price in favor of
all co-heirs, is considered acceptance.
Article 1051: Form of Repudiation
Repudiation must be made in a public or
authentic instrument or by petition to the
court overseeing testamentary or intestate
proceedings.
Article 1052: Creditors and Repudiation
If an heir repudiates to the detriment of
creditors, the court may authorize creditors
to accept in the heir's name, benefiting only
to the extent of covering their credits.
Article 1053: Transmission of Right to
Heirs
If an heir dies without accepting or
repudiating, the right is transmitted to their
heirs.
Article 1054: Partial Acceptance or
Repudiation
When several heirs are called to the same
inheritance, some may accept, and others
may repudiate.
Article 1055: Repudiation in Different
Capacities
Repudiation in one capacity (testamentary
heir) is understood as repudiation in both
capacities. However, repudiating as an
intestate heir without knowing
testamentary heir status allows later
acceptance as a testamentary heir.
Article 1056: Irrevocability of
Acceptance or Repudiation
Acceptance or repudiation is irrevocable
and cannot be impugned, except for
causes vitiating consent or the appearance
of an unknown will.
Article 1057: Notification to Court within
Thirty Days
Within thirty days of a court's order for
estate distribution, heirs, devisees, and
legatees must notify the court if they accept
or repudiate the inheritance. Failure
implies acceptance.
SECTION 4: Executors and
Administrators
Article 1058: Governance by Rules of
Court
Matters related to the appointment,
powers, and duties of executors and
administrators, as well as estate
administration, are governed by the Rules
of Court.
Article 1059: Preference of Credits in
Insufficient Assets
If assets for paying debts are insufficient,
the preference of credits under articles
2239 to 2251 shall apply, with certain
expenses involving estate administration.
Article 1060: Appointment of
Corporations as Executors
A trust company conducting business in
the Philippines may be appointed as an
executor, administrator, guardian of an
estate, or trustee.
SECTION 5: Collation
Article 1061: Compulsory Heir's
Obligation to Bring Property
Every compulsory heir succeeding with
others must bring into the estate any
property or right received from the
decedent during the latter's lifetime
through donation or other gratuitous title.
Article 1062: Exceptions to Collation
Collation doesn't occur if the donor
explicitly provided for it or if the donee
repudiates unless the donation is reduced
as inofficious.
Article 1063: Will Provisions and
Collation
Property left by will is not subject to
collation unless the testator provided
otherwise.
Article 1064: Collation by Grandchildren
Representing Parents
Grandchildren inheriting in representation
of parents must bring to collation what their
parents would have been obliged to bring,
and what they received from the decedent
unless the will specifies otherwise.
Article 1065: Exclusion of Donated
Property from Collation
Parents are not obliged to bring to collation
property donated by ascendants to their
children.
Article 1066: Collation of Donations to
Spouses
Donations to the spouse of a child are not
brought to collation. If given jointly, the
child brings half to collation.
Article 1067: Exceptions to Collation for
Certain Expenses
Certain expenses for support, education,
medical attendance, apprenticeship,
equipment, or customary gifts are not
subject to collation.
Article 1068: Exceptions to Collation for
Professional Career Expenses
Expenses for a child's professional,
vocational, or other career are not brought
to collation unless parents provide
otherwise or if they impair the legitime.
Article 1069: Collation of Sums Paid by
Parents
Sums paid by parents for their children's
debts, election expenses, fines, etc., shall
be brought to collation.
Article 1070: Limitations on Reducing
Wedding Gifts
Wedding gifts by parents and ascendants
are not reduced as inofficious unless
exceeding one-tenth of the sum disposable
by will.
Article 1071: Assessment of Same
Donated Things
Same donated things are not brought to
collation and partition, only their assessed
value at the time of donation.
Article 1072: Collation of Donations by
Both Parents
Collation of a donation made by both
parents involves bringing half to the
inheritance of the father and the other half
to that of the mother.
Article 1073: Reduction of Donee's
Share
The donee's share of the estate is reduced
by the amount already received, and co-
heirs receive an equivalent in property of
the same nature, class, and quality.
Article 1074: Impracticable Reduction
If impracticable, the co-heirs
Top of Form
Bottom of Form
SECTION 6: Partition and Distribution of
the Estate
SUBSECTION 1: Partition
Article 1078: Common Ownership
before Partition
The entire estate of the decedent is
initially owned in common by heirs before
partition, subject to the payment of debts.
Article 1079: Definition of Partition
Partition is the separation, division, and
assignment of a thing held in common
among those to whom it may belong. It can
involve dividing the thing itself or its value.
Article 1080: Respect for Partition by
Act Inter Vivos or Will
A partition of the estate by an act inter
vivos or by will is respected, provided it
doesn't prejudice the legitime of
compulsory heirs. A parent may keep an
enterprise intact in the interest of the
family, ordering the legitime of other
children not assigned the property to be
paid in cash.
Article 1081: Mere Power to Partition by
Another Person
A person may entrust the power to make
the partition after death to someone who is
not a co-heir, even if there's a minor or
person under guardianship among the co-
heirs. The mandatary must make an
inventory after notifying co-heirs, creditors,
and legatees.
Article 1082: Acts Constituting Partition
Any act intended to end indivision among
co-heirs and legatees or devisees is
deemed a partition, even if it appears as a
sale, exchange, compromise, or other
transaction.
Article 1083: Right to Demand Division
Every co-heir has the right to demand the
division of the estate unless expressly
forbidden by the testator. The period of
indivision, if forbidden, should not exceed
twenty years. The co-ownership terminates
for specific reasons or if the court finds
compelling reasons for division.
Article 1084: Partition for Voluntary
Heirs with Conditions
Voluntary heirs with conditions cannot
demand partition until the conditions are
fulfilled. Other co-heirs can demand it by
providing sufficient security for the rights of
those with conditions. The partition is
provisional until it's known the condition
cannot be fulfilled.
Article 1085: Equality in Partition
Equality shall be observed in the
partition of the estate as much as possible,
dividing property into lots or assigning
things of the same nature, quality, and kind
to each co-heir.
Article 1086: Indivisible or Impaired
Things in Partition
If a thing is indivisible or would be
significantly impaired by division, it may be
adjudicated to one heir, provided they pay
the others the excess in cash. If any heir
demands it, the thing must be sold at public
auction.
Article 1087: Reimbursement in
Partition
Co-heirs shall reimburse each other for
income, fruits, expenses, and damages
related to the property during the partition.
Article 1088: Subrogation to Hereditary
Rights Sold
If an heir sells hereditary rights to a
stranger before partition, co-heirs can be
subrogated to the purchaser's rights by
reimbursing the price within one month of
being notified in writing of the sale.
Article 1089: Delivery of Titles in
Partition
 Titles of acquisition or ownership of each
property shall be delivered to the co-heir to
whom the property is adjudicated.
Article 1090: Titles for Multiple Co-Heirs
When a title comprises land assigned to
multiple co-heirs, it goes to the one with the
largest interest, with authentic copies
provided to others at the estate's expense.
SUBSECTION 2: Effects of Partition
Article 1091: Exclusive Ownership after
Partition
A legally made partition confers
exclusive ownership of the adjudicated
property to each heir.
Article 1092: Reciprocal Obligation to
Warrant Title
After partition, co-heirs are reciprocally
bound to warrant the title and quality of
each adjudicated property.
Article 1093: Proportional Reciprocal
Warranty
The reciprocal obligation of warranty is
proportionate to the respective hereditary
shares of co-heirs. If one is insolvent,
others are liable in proportion, deducting
the part corresponding to the insolvent
heir.
Article 1094: Limitation on Warranty
Action
An action to enforce the warranty among
heirs must be brought within ten years from
the date the right of action accrues.
Article 1095: Warranty for Assigned
Credits
Co-heirs are not liable for the
subsequent insolvency of a debtor
assigned as collectible, only for the
insolvency at the partition time. The
warranty can be enforced for five years
after partition.
Article 1096: Cases Where Warranty
Ceases
The obligation of warranty among co-
heirs ceases when the testator makes the
partition (unless specified otherwise),
when expressly stipulated in the partition
agreement (unless in bad faith), or when
eviction is due to a cause after partition or
caused by the fault of the property's
distributee.
SUBSECTION 3: Rescission and Nullity
of Partition
Article 1097: Rescission for Same
Causes as Contracts
A partition may be rescinded or annulled
for the same causes as contracts.
Article 1098: Rescission for Lesion
A partition, judicial or extrajudicial, may
be rescinded on account of lesion when
any co-heir receives things worth at least
one-fourth less than their entitled share at
the time of adjudication.
Article 1099: Exception for Partition by
Testator
Omission of objects or securities in the
inheritance does not cause rescission for
lesion; instead, the partition is completed
by distributing the omitted objects.

The partition made by the testator
cannot be impugned on the ground of
lesion, except when it prejudiced the
legitime of compulsory heirs or when it
appears that the testator's intention was
different.
Article 1100: Prescription of Action for
Rescission
Article 1104: Rescission for Preterition
A partition with the preterition of a
compulsory heir cannot be rescinded
unless there was bad faith or fraud. Those
not omitted are proportionately obliged to
pay the omitted heir.
Article 1105: Void Partition for Non-Heir

The action for rescission due to lesion

prescribes after four years from the time A partition that includes a person believed
the partition was made. to be an heir but is not is void only with
respect to that person.

Article 1101: Options for Heir Sued for

Rescission

An heir sued for rescission has the

option to indemnify the plaintiff or consent
to a new partition. Indemnity can be in cash
or the delivery of a thing of the same kind
and quality as awarded. A new partition
affects only those prejudiced or received
more than their share.

Article 1102: Inability to Maintain Action

for Lesion

An heir who alienated the adjudicated

real property cannot maintain an action for
rescission based on lesion but has the right
to be indemnified in cash.

Article 1103: Omission of Objects in

Inheritance