SUCCESSION

DEFINITION OF SUCCESSION (Art. 774, CC)

- It is a mode of acquisition
- by virtue of which the property, rights and obligations
- to the extent of the value of the inheritance, of a person
- are transmitted through his death to another or others
- either by his will or by operation of law

KINDS OF SUCCESSION
1. Testamentary – that which results from the designation of an heir, made in a will executed in
the form prescribed by law. (Art. 779, CC)
2. Legal or Intestate – that which takes place by operation of law in the absence of a valid will.
3. Mixed – that which is effected partly by will and partly by operation of law. (Art. 780, CC)

KINDS OF HEIRS
1. Compulsory – those who succeed by force of law to some portion of the inheritance, in an
amount predetermined by law, of which they cannot be deprived by the testator, except by a
valid disinheritance. They succeed regardless of a will.
2. Voluntary or Testamentary – those who are instituted by the testator in his will, to succeed
to the portion of the inheritance of which the testator can freely dispose. They succeed by
reason of a will.
3. Legal or Intestate – those who succeed to the estate of the decedent who dies without a valid
will, or to the portion of such estate not disposed of by will. They succeed in the absence of a
valid will.

I. TESTAMENTARY SUCCESSION

A. CONCEPT

DEFINITION OF WILL (Art. 783, CC)

- It is an act
- whereby a person is permitted
- with the formalities prescribed by law
- to control to a certain degree
- the disposition of his estate
- to take effect after his death

B. TESTAMENTARY CAPACITY

TESTAMENTARY CAPACITY
1. All persons who are not expressly prohibited by law (Art. 796, CC)
2. Eighteen (18) years old and above (Art. 797, CC)
3. Of sound mind at the time of the execution of the will (Art. 798, CC)
*Supervening capacity or incapacity does not affect the will.

C. FORMALITIES OF WILLS

KINDS OF WILLS
1. Notarial – an ordinary or attested will (Articles 804-808, CC)
2. Holographic – a handwritten will (Art. 810, CC)

COMMON REQUIREMENTS TO BOTH WILLS (Art. 804, CC)

1. In writing
2. In a language or dialect known to the testator

REQUISITES FOR A VALID NOTARIAL WILL

1. In writing (Art. 804, CC)
2. In a language or dialect known to the testator (Art. 804, CC)
3. Subscribed at the end by the testator himself or by the testator’s name written by some other
person in his presence, and by his express direction (Art. 805, CC)
4. Attested and subscribed by three or more credible witnesses in the presence of the testator and
of one another (Art. 805, CC)
 *Test of Presence: Not whether they actually saw each other sign, but whether they might
have seen each other sign had they chosen to do so considering their mental and physical
condition and position with relation to each other at the moment of inscription of each
signature. (Jaboneta vs. Gustilo, 5 Phil. 541)
5. Each and every page, except the last, must be signed by the testator or by the person
requested by him to write his name, and by the instrumental witnesses of the will, on the left
margin. (Art. 805, CC)
*Exceptions:
a. not needed in the last page if the will consists of two or more pages
b. when the will consists of only one page
c. when the will consists of only two pages, the first of which contains all dispositions and is
signed at the bottom by the testator and the witnesses, and the second page contains
only the attestation clause duly signed at the bottom by the witnesses.

*Note: The inadvertent failure of one witness to affix his signature to one page of a testament,
due to the simultaneous lifting of two pages in the course of signing, is not per se sufficient to
justify denial of probate. (Icasiano vs. Icasiano, 11 SCRA 422)
6. Each and every page of the will must be numbered correlatively in letters placed on the upper
part of each page. (Art. 805, CC) example, page one of five pages
7. It must contain an attestation clause, stating the following (Art. 805, CC)
a. The number of pages used upon which the will is written.
b. The fact that the testator signed the will and every page, or caused some other person to
write his name, under his express direction, in the presence of the instrumental witnesses.
c. All the instrumental witnesses witnessed and signed the will and all the pages in the
presence of the testator and of one another.
8. It must be acknowledged before a notary public by the testator and the witnesses. (Art. 806,
CC)
* Note: The notary public before whom the will was acknowledged cannot be considered as the
third instrumental witness since he cannot acknowledge before himself his having signed the
will. To allow such would have the effect of having only two attesting witnesses to the will which
would be in contravention of Articles 805 and 806. (Cruz vs. Villasor, 54 SCRA 31)

ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE DEAF

OR A DEAF-MUTE (Art. 807, CC)
1. Testator must personally read the will, if able to do so.
2. Otherwise, testator shall designate two persons to read the will and communicate its contents to
him in some practicable manner.

ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE BLIND

(Art. 808, CC)
The will shall be read to the testator twice –
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom the will is acknowledged

REQUISITES FOR A HOLOGRAPHIC WILL

1. In writing (Art. 804, CC)
2. In a language or dialect known to the testator (Art. 804, CC)
3. Entirely written, dated, and signed by the hand of the testator himself (Art. 810, CC)

AMENDING A WILL
1. Notarial – only through a codicil
2. Holographic –
a. Dispositions may be added below the signature, provided that said dispositions are also
dated and signed, and everything is written by the hand of the testator himself
b. Certain dispositions or additional matter may be suppressed or inserted provided that such
is signed by the testator and written by the hand of the testator himself
c. Through a codicil which may either be notarial or holographic

EFFECT OF INSERTION WRITTEN BY ANOTHER PERSON ON THE VALIDITY OF A

HOLOGRAPHIC WILL WRITTEN BY THE TESTATOR
When Made Effect
After the execution of the will, without the Insertion is considered not written. The validity
consent of the testator of the will cannot be defeated by the malice or
caprice of a third person.
After the execution of the will, with the consent Will is valid.
of the testator Insertion is void.
After the execution of the will, validated by the Insertion becomes part of the will.
testator by his signature Entire will becomes void because it did not
comply with the requirement that it must be
 wholly written by the testator.
Contemporaneous to the execution of the will Will is void because it is not written entirely by
the testator.

RULES IN CASE OF SUBSEQUENT DISPOSITIONS

Subsequent Disposition Effect
Signed Valid
Not dated
Last disposition is signed and dated
Not signed Void
Dated
Signed Void but it does not affect the validity of the
Not dated other dispositions or the will itself

QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL (Arts. 820 – 821, CC)

1. Of sound mind
2. Of the age of 18 years or more
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines
6. Have not been convicted of falsification of a document, perjury or false testimony

INTERESTED WITNESS (Art. 823, CC)

- A witness who attests to the execution of a will which gives a legacy or devise to that
witness, or his spouse, or his parent or his child.
*Effect: The devise or legacy, insofar as it concerns that witness or his spouse or his parent or his
child, shall be void unless there are three other witnesses to such will. His competence as a witness
shall subsist.

GOVERNING LAW
As to time Governing Law
Formal Validity Law in force at the time the will is made
Intrinsic Validity Law of decedent’s nationality at the time of his death
(Art. 16, CC)

As to Place
Testator Place of Execution of the Will Governing Law
Filipino Philippines (Art. 16, CC) Philippine Law
Outside of the Philippines (Art. 1. Law of the country in which it is executed; or
815, CC) 2. Philippine Law
Alien Philippines (Art. 817, CC) 1. Philippine Law; or
2. Law of the Country of which testator is a citizen
or subject.
Outside the Philippines (Art. 816, 1. Law of the place where the will is executed; or
CC) 2. Law of the place where the testator resides; or
3. Law of the testator’s country; or
4. Philippine Law

ASPECTS OF THE WILL GOVERNED BY THE NATIONAL LAW OF THE

DECEDENT (Arts. 16 and 1039, CC)
1. Order of succession
2. Capacity to succeed
3. Amount of successional rights
4. Intrinsic validity of testamentary provisions

JOINT WILL
- A single testamentary instrument
- which contains the wills of two or more persons
- jointly executed by them
- either for their reciprocal benefit or for the benefit of a third person

MUTUAL WILLS
- Executed pursuant to an agreement between two or more persons
- to dispose of their property in a particular manner
- each in consideration of the other separate wills of two persons which are reciprocal in their
provisions

RECIPROCAL WILLS
- Testators name each other as beneficiaries
- under similar testamentary plans
Note: A will that is both joint and mutual is one executed jointly by two or more persons, the provisions
of which are reciprocal and which shows on its face that the devises are made in consideration of the
other. Such is prohibited under Art. 819, CC. Prohibition is applicable only to joint wills executed by
Filipinos.

D. CODICIL AND INCORPORATION BY REFERENCE

DEFINITION OF A CODICIL (Arts. 825 – 826, CC)

- It is a supplement or addition to a will
- made after the execution of a will
- and annexed to be taken as a part of the will
- by which any disposition made in the original will is explained, added to, or altered
- It is executed as in the case of a will.

REQUISITES FOR INCORPORATION BY REFERENCE (Art. 827, CC)

1. The document or paper referred to in the will must be in existence at the time of the execution
of the will.
2. The will must clearly describe and identify the same, stating among other things the number of
pages thereof.
3. It must be identified by clear and satisfactory proof as the document or paper referred to
therein. And
4. It must be signed by the testator and the witnesses on each and every page, except in case of
voluminous books of account or inventories.

E. REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS

MODES OF REVOKING A WILL (Art. 830, CC)

1. By implication of law
2. By the execution of a will, codicil or other writing executed as provided in the case of wills
3. By burning, tearing, canceling, or obliterating the will with the intention of revoking it, by the
testator himself, or by some other person in his presence, and by his express direction

*Note: It must be done any time before the death of the testator. The right of revocation cannot be
waived or restricted. (Art. 828, CC)

LAWS WHICH GOVERN REVOCATION (Art. 829, CC)

PLACE OF REVOCATION TESTATOR’S DOMICILE GOVERNING LAW
In the Philippines Philippines or in some other Philippine Law
country
Outside the Philippines Philippines Philippine Law
Foreign country 1. Law of the place where the will
was made; or
2. Law of the place in which the
testator had his domicile at the
time of revocation.

DOCTRINE OF DEPENDENT RELATIVE REVOCATION

- A revocation subject to a condition does not revoke a will unless and until the condition
occurs. Thus, where a testator “revokes” a will with the proven intention that he would
execute another will, his failure to validly make a latter will would permit the allowance of
the earlier will.
- Where the act of destruction is connected with the making of another will so as to fairly
raise the inference that the testator meant the revocation of the old to depend upon the
efficacy of the new disposition intended to be substituted, the revocation will be conditional
and dependent upon the efficacy of the new disposition; and if for any reason, the new will
intended to be made as a substitute is inoperative, the revocation fails and the original will
remain in full force. (Molo vs. Molo, 90 Phil. 37)

F. ALLOWANCE AND DISALLOWANCE OF WILLS

PROBATE
- It is a special proceeding by which the validity of a will may be established.

MATTERS TO BE PROVED IN A PROBATE

1. Whether the instrument which is offered for probate is the last will and testament of the
decedent
2. Whether the will has been executed in accordance with the formalities prescribed by law
3. Whether the testator had testamentary capacity at the time of the execution of the will
 GROUNDS FOR DISALLOWANCE OF A WILL (Art. 839, CC) – FIFU SM
1. If the Formalities required by law have not been complied with.
2. If the testator was Insane, or otherwise mentally incapable of making a will, at the time of its
execution.
3. If it was executed through Force or under duress, or the influence of fear, or threats.
4. If it was procured by Undue and improper pressure and influence, on the part of the beneficiary
or of some other person.
5. If the Signature of the testator was procured by fraud.
6. If the testator acted by Mistake or did not intend that the instrument he signed should be his
will at the time of affixing his signature thereto.
*This list is exclusive.

REVOCATION VS. DISALLOWANCE

REVOCATION DISALLOWANCE
Voluntary act of the testator Given by judicial decree
With or without cause Must always be for a legal cause
May be partial or total Always total except when the ground of fraud or
influence for example affects only certain portions
of the will

G. INSTITUTION OF HEIRS

DEFINITION OF INSTITUTION OF HEIRS (Art. 840, CC)

- It is an act by virtue of which a testator designates in his will
- the person/s who are to succeed him in his property and transmissible rights and
obligations.

REQUISITES FOR A VALID INSTITUTION OF HEIR

1. Designation in will of person/s to succeed
2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will

THREE PRINCIPLES IN THE INSTITUTION OF HEIRS

1. Equality – heirs who are instituted without designation of shares shall inherit in equal parts.
(Art. 846, CC)
2. Individuality – heirs collectively instituted are deemed individually named unless a contrary
intent is proven. (Art. 847, CC)
3. Simultaneity – when the testator calls to the succession a person and his children, they are all
deemed to have been instituted simultaneously and not successively. (Art. 849, CC)i

INSTITUTION BASED ON A FALSE CAUSE (Art. 850, CC)

- General Rule: The statement of a false cause for the institution of an heir shall be
considered as not written.
- Exception: If it appears from the will that the testator would not have made such
institution if he had known the falsity of such cause. In this case, the institution shall be
annulled.

RULES REGARDING A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE (Art. 842,

CC)
1. If testator has no compulsory heirs
a. He can give his estate to any person having capacity to succeed.
b. He must respect restriction imposed by special laws.
2. If testator has compulsory heirs
a. He can give the disposable portion to strangers.
b. Legitimes of compulsory heirs must be respected.

CONCEPT OF PRETERITION (Art. 854, CC)

1. There must be a total omission of one, some or all of the heir/s in the will.
2. The omission must be that of a compulsory heir.
3. The compulsory heir omitted must be of the direct line.
4. The omitted compulsory heir must be living at the time of the testator’s death or must at least
have been conceived before the testator’s death.
 EFFECTS OF PRETERITION (Art. 854, CC)
1. The institution of the heir is annulled.
2. Devises and legacies shall remain valid as long as they are not inofficious.
3. If the omitted compulsory heir should die before the testator, the institution shall be effectual,
without prejudice to the right of representation.

PRETERITION VS. DISINHERITANCE

PRETERITION
Tacit deprivation of legitime
Presumed to be involuntary as it is an omission to
mention an heir or though mentioned, is not
instituted as an heir. But it may also be voluntary.
Presumed by law to be a mere oversight or
mistake
The omitted compulsory heir gets his legitime plus
his share in the free portion not disposed of by
way of legacies and devises.
DISINHERITANCE
Express deprivation of legitime
Always voluntary
Legal cause is present
Even a compulsory heir may be totally excluded. If
disinheritance is not lawfully made, the compulsory
heir is restored to his legitime.

EFFECTS OF PREDECEASE, INCAPACITY, REPUDIATION

HEIR PREDECEASE INCAPACITY REPUDIATION
Voluntary No right transmitted to the No right transmitted to the Voluntary heir who
heirs of the voluntary heir. heirs of the voluntary heir. repudiated cannot
transmit any right to his
own heirs.
Compulsory Right to the legitime and not to Compulsory heir may be Compulsory heir who
the free portion transmitted to represented but only with repudiated cannot
the representatives of the respect to his legitime. transmit any right to his
compulsory heir. own heirs.

KINDS OF INSTITUTIONS
1. Simple or Pure – the rights to the succession are transmitted from the moment of the death of
the decedent. (Art. 777, CC)
2. Conditional – may be potestative, causal or mixed. (See Arts. 871 – 884)
*Disposicion Captatoria – disposition made upon the condition that the heir shall make some
provision in his will in favor of the testator or of any other person. This is void. (Art. 875, CC)
3. With a Term – designation of the day or time when the effects of the institution of an heir shall
commence or cease. (Art. 885, CC)
4. Modal – institution where the testator states the following: (Art. 882, CC)
a. the object of the institution; or
b. the purpose of the application of the property left by the testator; or
c. the charge imposed by the creator upon the heir.
*Doctrine of Constructive Compliance – When without the fault of the heir, the modal
institution cannot take effect in the exact manner stated by the testator, it shall be complied
with in a manner most analogous to and in conformity with his wishes. (Art. 883, CC)

H. SUBSTITUTION OF HEIRS

DEFINITION OF SUBSITUTION (Art. 857, CC)

- It is the appointment of another heir
- so that he may enter into the inheritance in default of the heir originally instituted.

CLASSES OF SUBSITITUTION
1. Vulgar or Simple – the testator may designate one or more person/s to substitute the heir/s
instituted in case such heir/s should: (Art. 859, CC)
a. die before him (predecease)
b. should not wish to accept the inheritance (renounce)
c. should be incapacitated to accept the inheritance (incapacitated)
2. Brief or Compendious (Art. 860, CC)
a. Brief - two or more persons designated by the testator to substitute for only one heir.
b. Compendious – One person is designated to take the place of two or more heirs.
3. Reciprocal – If the heirs instituted in unequal shares should be reciprocally substituted, the
substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it
clearly appears that the intention of the testator was otherwise. If there are more than one
substitute, they shall have the same share in the substitution as in the institution. (Art. 861,
CC)
4. Fideicommissary – if the testator institutes an heir with an obligation to preserve and to
deliver to another the property so inherited. The heir instituted to such condition is called the
 first heir or the fiduciary heir, the one to receive the property is the fideicommissary or the
second heir. (Art. 863, CC)

REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION (Arts. 863 – 865, CC)

1. A fiduciary or first heir instituted entrusted with the obligation to preserve and to transmit to a
fideicommissary substitute or second heir the whole or part of the inheritance.
2. The substitution must not go beyond one degree from the heir originally instituted.
3. The fiduciary heir and the fideicommissary are living at the time of the death of the testator.
4. The fideicommissary substitution must be expressly made.
5. The fideicommissary substitution is imposed on the free portion of the estate and never on the
legitime.

I. LEGITIMES

DEFINITION OF LEGITIME (Art. 886, CC)

- It is that part of the testator’s property which he cannot dispose of
- because the law has reserved it for his compulsory heirs

CLASSES OF COMPULSORY HEIRS (Art. 887, CC)

1. Primary – those who have precedence over and exclude other compulsory heirs
a. Legitimate children and legitimate descendants with respect to their legitimate parents
and ascendants
2. Secondary – those who succeed only in the absence of the primary compulsory heirs
a. Legitimate parents and legitimate ascendants with respect to their legitimate children
and descendants
b. Illegitimate parents with respect to their illegitimate children
3. Concurring – those who succeed together with the primary or the secondary compulsory heirs
a. Widow or widower (legitimate)
b. Illegitimate children and illegitimate descendants

COMPULSORY HEIRS
If the testator is a LEGITIMATE CHILD If the testator is an ILLEGITIMATE CHILD
1. Legitimate children and descendants 1. Legitimate children and descendants
2. In default of no. 1, legitimate parents and 2. Illegitimate children and descendants
ascendants
3. Surviving spouse 3. In default of nos. 1-2, illegitimate parents only
4. Illegitimate children and descendants 4. Surviving spouse

RULES
1. Direct Descending Line
a. Rule of preference between lines - Those in the direct descending line shall exclude
those in the direct ascending and collateral lines, and those in the direct ascending line
shall, in turn, exclude those in the collateral line.
b. Rule of proximity – the relative nearest in degree excludes the farther one
c. Right of representation ad infinitum in case of predecease, incapacity or
disinheritance. For decedents who are legitimate children, only the legitimate descendants
can represent. For decedents who are illegitimate children, both the legitimate and
illegitimate descendants can represent.
d.If all the legitimate children repudiate their legitime, the next generation of legitimate
descendants succeed in their own right.
2. Direct Ascending Line
a. Rule of division by lines
b.
Rule of equal division – the relatives who are in the same degree shall inherit in
equal shares
3. Non-impairment of legitime

SUMMARY OF LEGITIMES OF COMPULSORY HEIRS

SURVIVING RELATIVES LEGITIMATE SURVIVING ILLEGITIMATE LEGITIMATE ILLEGITIMATE
CHILDREN& SPOUSE CHILDREN PARENTS & PARENTS
DESCENDANTS ASCENDANTS
Legitimate children ½ (divided by
alone the no. of
children)
1 legitimate child ½ ¼
Surviving spouse
Legitimate children ½ (divided by Same as the
Surviving spouse no. of share of 1
children) legit child
Legitimate children ½ ½ of the
Illegitimate children share of 1
legit child
1 legitimate child ½ ¼ ½ of the
Surviving spouse (preferred) share of 1
Illegitimate children legit child
2 or more legitimate ½ (divided by Same as the ½ of the
children no. of share of 1 share of 1
Surviving spouse children) legit child legit child
Illegitimate children
Legitimate parents ½
alone
Legitimate parents ¼ ½
Illegitimate children
Legitimate parents ¼ ½
Surviving spouse
Legitimate parents 1/8 ¼ ½
Surviving spouse
Illegitimate children
Illegitimate children ½ (divided by
alone no. of
children)
Illegitimate children 1/3 1/3 (divided
Surviving spouse by no. of
children)
Surviving spouse ½ or 1/3 if
alone marriage in
articulo
mortis
Illegitimate parents ½
alone
Illegitimate parents ¼ ¼
Surviving spouse
Adopter 1/3 1/3 1/3 (adopter)
Illegitimate child
Surviving Spouse

STEPS IN DETERMINING THE LEGITIME OF COMPULSORY HEIRS

1. Determine the gross value of the estate at the time of the death of the testator.
2. Determine all debts and charges which are chargeable against the estate.
3. Determine the net value of the estate by deducting all debts and charges from the gross value
of the estate.
4. Collate or add the value of all donations inter vivos to the net value of the estate.
5. Determine the amount of the legitime from the total thus found.
6. Impute the value of all donations inter vivos made to compulsory heirs against their legitime
and of the value of all donations inter vivos made to strangers against the disposable free
portion and restore it to the estate if the donation is inofficious.
7. Distribute the residue of the estate in accordance with the will of the testator.

REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME

1. If the impairment is total, then there may be preterition if the compulsory heir omitted is either
an ascendant or descendant. Art. 854, CC would come in to play, i.e., there will be an
annulment of the institution of heirs and a reduction of devises and legacies.
2. If the impairment is partial, then the compulsory heir is entitled to completion of legitime under
Art. 906, CC.
3. If the impairment is through donation, the remedy is collation.

CONCEPT OF RESERVA TRONCAL (Art. 891, CC)

- The ascendant who inherits from his descendant
- any property which the latter may have acquired by gratuitous tile
- from another ascendant, or a brother or sister,
- is obliged to reserve such property
- as he may have acquired by operation of law
- for the benefit of relatives within the third degree
- and who belong to the line from which said property came.

REQUISITES FOR RESERVA TRONCAL (Chua vs. CFI, 78 SCRA 406 and Gonzales
vs. CFI, 104 SCRA 161)
1. that the property was acquired by a descendant (prepositus) from an ascendant or from a
brother or sister (source) by gratuitous title
 2. that the prepositus died without an issue
3. that the property is inherited by another ascendant (reservista) by operation of law
4. that there are relatives within the 3rd degree (reservatarios) belonging to the line from which
said property came
(Source)
B E
A F

C G (Reservista)
(Reservatario) D

(Prepositus)

J. DISINHERITANCE

DEFINITION OF DISINHERITANCE (Art. 915, CC)

- It is the act by which the testator
- for just cause
- deprives a compulsory heir of his right to the legitime.

REQUISITES FOR A VALID DISINHERITANCE

1. Heir disinherited must be designated by name or in such a manner as to leave no room for
doubt as to who is intended to be disinherited.
2. It must be for a cause designated by law.
3. It must be made in a valid will.
4. It must be made expressly, stating the cause in the will itself.
5. The cause must be certain and true, and must be proved by the interested heir if the person
disinherited should deny it.
6. It must be unconditional.
7. It must be total.

SUMMARY OF CAUSES OF DISINHERITANCE

CHILDREN/
PARENTS/ Spouse UNWORTHINESS
DESCENDANTS
GROUNDS FOR DISINHERITANCE ASCENDANTS(ART. (Art. 921, (ART. 1032,
(ART. 919,
920, CC) CC) CC)
CC)
1 Guilty/convicted of attempt
against life of *
* * *
testator/spouse/
ascendant/descendant
2 Accused testator/decedent
of crime punishable by
*
imprisonment of 6 years or * * *
more, found groundless,
false
3 Causes testator/decedent to
make will or change one by *
* * *
fraud, violence, intimidation,
or undue influence
4 Unjustified refusal to
* * *
support testator
5 Convicted of adultery or
*
concubinage with spouse of * *
testator/decedent
6 Maltreatment of testator by
*
word and deed
7 Leading a dishonorable or
*
disgraceful life
8 Conviction of crime which *
carries penalty of civil
 interdiction
9 Abandonment of children or
inducing children to live *
*
corrupt and immoral life or
attempted against virtue
10 Loss of parental authority * *
11 Attempt by one parent
against life of the other
UNLESS there is *
reconciliation between
parents
12 Spouses given cause for
*
legal separation
13 Failure to report violent
death of decedent within
*
one month, unless
authorities have already
taken action
14 Force, violence, intimidation
or undue influence to
prevent another from
*
making a will or revoking
one already made or who
supplants or alters the
latter’s will
15 Falsifies or forges a
*
supposed will of the
decedent

REVOCATION OF DISINHERITANCE
1. Reconciliation
2. Subsequent institution of the disinherited heir
3. Nullity of the will which contains the disinheritance

*Note: The moment the testator uses one of the acts of unworthiness as a cause for disinheritance, he
thereby submits it to the rules on disinheritance. Thus, reconciliation renders the disinheritance
ineffective.

K. LEGACIES AND DEVISES

PERSONS CHARGED WITH LEGACIES AND DEVISES

1. Compulsory heir
2. Voluntary heir
3. Legatee or devisee
4. Estate

VALIDITY AND EFFECT OF LEGACY OR DEVISE

STATUS OF PROPERTY GIVEN BY EFFECT ON THE LEGACY/DEVISE
LEGACY/DEVISE
1. Belonging to the testator at the time of the Effective
execution of the will until his death
2. Belonging to the testator at the time of the Revoked
execution of the will but alienated in favor of a 3 rd
person
3. Belonging to the testator at the time of the No revocation. There is a clear intention to comply
execution of the will but alienated in favor of the with the legacy/devise.
legatee or devisee gratuitously
4. Belonging to the testator at the time of the Legatee/devisee can demand reimbursement from
execution of the will but alienated in favor of the the heirs or the estate.
legatee/devisee onerously
5. Not belonging to the testator at the time the Effective
will is executed but he has ordered that the thing
be acquired in order that it be given to the
legatee/devisee.
6. Not belonging to the testator at the time the will Void
is executed and the testator erroneously believed
that the thing pertained to him.
7. Not belonging to the testator at the time the Effective
will is executed but afterwards it becomes his by
whatever title.
8. Already belonged to the legatee/devisee at the Ineffective
time of the execution of the will even though
another person may have interest therein
9. Already belonged to the legatee/devisee at the Ineffective
time of the execution of the will even though it
may have been subsequently alienated by him.
10. Testator had knowledge that the thing Legatee/devisee can claim nothing by virtue of the
bequeathed belonged to a third person and the legacy/devise
legatee/devisee acquired the property gratuitously
after the execution of the will.
11. Testator had knowledge that the thing Legatee/devisee can demand reimbursement from
bequeathed belonged to a third person and the the heir or estate.
legatee/devisee acquired the property by onerous
title.

ORDER OF PAYMENT IN CASE THE ESTATE IS INSUFFICIENT TO COVER ALL

LEGACIES AND DEVISES – ART. 911, CC VS. ART. 950, CC
ART. 911 ART. 950
Order of Preference Order of Preference
(LIPO) (RPSESO)
1. Legitime of compulsory heirs 1. Remuneratory legacy/devise
2. Donations Inter vivos 2. Preferential legacy/devise
3. Preferential legacies or devises 3. Legacy for Support
4. All Other legacies or devises pro rata 4. Legacy for Education
5. Legacy/devise of Specific, determinate
thing which forms a part of the estate
6. All Others pro rata
Application: Application:
1. When the reduction is necessary to 1. When there are no compulsory heirs and
preserve the legitime of compulsory heirs the entire estate is distributed by the
from impairment whether there are testator as legacies or devises; or
donations inter vivos or not; or 2. When there are compulsory heirs but their
2. When, although, the legitime has been legitime has already been provided for by
preserved by the testator himself there the testator and there are no donations
are donations inter vivos. inter vivos.
*Art. 911 governs when there is a conflict *Art. 950 governs when the question of
between compulsory heirs and the devisees reduction is exclusively among legatees and
and legatees. devisees themselves.
*Note: In case of reduction, the inverse order of payment should be followed.

GROUNDS FOR REVOCATION OF LEGACIES AND DEVISES (Art. 957, CC)

1. Testator transforms the thing bequeathed in such a manner that it does not retain either the
form or the denomination it had.
2. Testator by any title or for any cause alienates the thing bequeathed, or any part thereof, it
being understood that in the latter case the legacy or devise shall be without effect only with
respect to the part alienated. Except: When the thing should again belong to the testator after
alienation by virtue of the exercise of the right of repurchase.
3. Thing bequeathed is totally lost during the lifetime of the testator, or after his death without the
heirs’ fault.
4. Other causes: nullity of the will; non-compliance with suspensive conditions affecting the
bequests; sale of the thing to pay the debts of the deceased during the settlement of his estate.
*Note: List is not exclusive.

II. LEGAL OR INTESTATE SUCCESSION

CAUSES OF VACANCY IN SUCCESSION
1. Disinheritance – the testator creates it himself
2. Repudiation – the heir does something
3. Incapacity or Predecease – something happens to the heir

HOW VACANCIES ARE FILLED

1. Substitution (Art. 857, CC)
2. Representation (Art. 970, CC)
3. Accretion (Art. 1015, CC)
4. Intestate Succession

CAUSES FOR LEGAL OR INTESTATE SUCCESSION (Art. 960, CC)

1. If a person dies without a will
 2. If a person dies with a void will
3. If a person dies with a will which has subsequently lost its validity
4. When the will does not institute an heir
5. When the will does not dispose of all the property belonging to the testator. Legal succession
shall take place only with respect to the property which the testator has not disposed.
6. If the suspensive condition attached to the institution of the heir does not happen or is not
fulfilled
7. If the heir dies before the testator
8. If the heir repudiates the inheritance, there being no substitution, and no right of accretion
takes place
9. When the heir instituted is incapable of succeeding, except in cases provided in the Civil Code

FUNDAMENTAL UNDERLYING PRINCIPLES IN LEGAL OR INTESTATE

SUCCESSION
1. Rule of Preference Between Lines – Those in the direct descending line shall exclude those
in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn,
exclude those in the collateral line.
2. Rule of Proximity – the relative nearest in degree excludes the farther one. (Art. 962, CC)
3. Rule of Equal Division – the relatives who are in the same degree shall inherit in equal
shares. (Articles 987 and 1006, CC)
Exceptions:
a. Division in the ascending line (between paternal and maternal grandparents)
b. Division among brothers and sisters, some of whom are of the full and others of half-blood
c. Division in cases where the right of representation takes place
4. Rule of Barrier between the legitimate family and the illegitimate family – the
illegitimate family cannot inherit by intestate succession from the legitimate family and vice-
versa. (Art. 992, CC)
5. Rule of Double Share for full blood collaterals – when full and half-blood brothers or
sisters, nephews or nieces, survive, the full blood shall take a portion in the inheritance double
that of the half-blood. (Articles 895 and 983, CC)

RELATIONSHIP (Articles 963 – 969, CC)

1. Number of generations determines proximity.
2. Each generation forms a degree.
3. A series of degrees forms a line.
4. A line may either be direct or collateral.
5. A direct line is that constituted by the series of degrees among ascendants and descendants
(ascending and descending).
6. A collateral line is that constituted by the series of degrees among persons who are not
ascendants or descendants, but who come from a common ancestor.
7. Full blood – same father and mother.
8. Half-blood – only one of either parent is the same.
9. In adoption, the legal filiation is personal and exists only between the adopter and the adopted.
The adopted is deemed a legitimate child of the adopter, but still remains as an intestate heir of
his natural parents and other blood relatives.

DEFINITION OF THE RIGHT OF REPRESENTATION (Art. 970, CC)

- It is a right created by fiction of law
- by virtue of which the representative is raised to the place and degree of the person
represented
- and acquires the rights which the latter would have if he were living or if he would have
inherited.

*Notes:
- In the direct line, representation takes place ad infinitum in the direct descending line,
never in the ascending.
- In the collateral line, representation takes place only in favor of the children of the brothers
or sisters (i.e., nephews and nieces) whether of the full or half-blood and only if they concur
with at least one uncle or aunt.

RIGHT OF REPRESENTATION IN TESTAMENTARY SUCCESSION

1. When a compulsory heir in the direct descending line had predeceased the testator and was
survived by his children or descendants.
2. When a compulsory heir in the direct descending line is excluded from the inheritance due to
incapacity or unworthiness and he has children or descendants.
3. When a compulsory heir in the direct descending line is disinherited and he has children or
descendants; representation covers only the legitime.
4. A legatee or devisee who died afther the death of the testator may be represented by his heirs.

RIGHT OF REPRESENTATION IN INTESTATE SUCCESSION

 1. When a legal heir in the direct descending line had predeceased the decedent and was survived
by his children or descendants.
2. When a legal heir in the direct descending line is excluded from the inheritance due to
incapacity or unworthiness and he has children or descendants.
3. When brothers or sisters had predeceased the decedent and they had children or descendants.
4. When illegitimate children represent their deceased illegitimate parents in the estate of their
grandparents.
5. When nephews and nieces inherit together with their uncles and aunts in representation of their
deceased parents who are brothers or sisters of said uncles and aunts.

ORDER OF LEGAL OR INTESTATE SUCCESSION

Decedent is a DECEDENT IS AN
Legitimate Child ILLEGITIMATE CHILD DECEDENT IS AN ADOPTED CHILD
1 Legitimate child and Legitimate child and Legitimate child and
Legitimate descendants Legitimate descendants Legitimate descendants
2 Legitimate parents and Illegitimate children and Illegitimate children and
Legitimate ascendants Illegitimate descendants Illegitimate descendants
3 Illegitimate children and Illegitimate parents Legitimate or Illegitimate
Illegitimate descendants parents and
Legitimate ascendants,
Adoptive parents
4 Surviving spouse Surviving spouse Surviving spouse
5 Legitimate siblings, Illegitimate siblings, Siblings,
Nephews, Nephews, Nephews,
Nieces Nieces Nieces
6 Legitimate collateral relatives State State
within the 5th degree
7 State

CONCURRENCE IN LEGAL OR INTESTATE SUCCESSION

Intestate Heir EXCLUDES EXCLUDED BY CONCURS WITH

Legitimate children and Ascendants, No one Surviving spouse
Legitimate descendants Collaterals and Illegitimate children
State
Illegitimate children Illegitimate parents, No one Surviving spouse
and Descendants Collaterals and Legitimate children and
State Legitimate parents
Legitimate parents and Collaterals and Legitimate children Illegitimate children and
Legitimate ascendants State Surviving spouse
Illegitimate parents Collaterals and Legitimate children and Surviving spouse
State Illegitimate children
Surviving spouse Collaterals other than No one Legitimate children
siblings, nephews and Illegitimate children
nieces Legitimate parents
Illegitimate parents
Siblings
Nephews
Nieces
Siblings, All other collaterals and Legitimate children, Surviving spouse
Nephews State Illegitimate children,
Nieces Legitimate parents and
Illegitimate parents
Other collaterals within Collateral more remote Legitimate children Collaterals in the same
5th degree in degree and Illegitimate children degree
State Legitimate parents
Illegitimate parents and
Surviving spouse
State No one Everyone No one

A MORE DETAILED SUMMARY OF INTESTATE SHARES

1
LEGITIMATE CHILDREN AND LEGITIMATE DESCENDANTS ALONE
 Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate children ½ ½ 1
TOTAL ½ ½ 1

2
ONE LEGITIMATE CHILD AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate child ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1

3
LEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate
SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Heir
Legitimate Remaining portion of estate Whole estate divided
children after paying legitimes equally between total
½
number of children plus
the surviving spouse
Surviving Legitimes to be divided equally No. of children plus the
Same as share of 1
spouse between total no. of children surviving spouse (see
legitimate child
plus the surviving spouse above)
TOTAL Varies on no. of children Varies on no. of children 1

4
LEGITIMATE CHILDREN AND ILLEGITIMATE CHILDREN

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate children ½ Remaining portion of Whole estate divided by the
estate after paying ratio of 2:1 for each
legitimes legitimate child as
compared to the
illegitimate child
Illegitimate ½ share of 1 legitimate Legitimes to be divided 1 for each illegitimate child
children child by the ratio of 2 for provided that legitimes
each legitimate child, 1 wouldn’t be impaired
for each illegitimate
child
TOTAL Varies on no. of Varies on no. of 1
children children

5
ONE LEGITIMATE CHILD, ILLEGITIMATE CHILD, AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate child ½ Remaining portion of Whole estate divided by
estate after paying the ratio of 2 for each
legitimes to be divided legitimate child
by the ratio of 2:1 for
each legitimate child
and each illegitimate
child, respectively
Illegitimate child ½ share of 1 legitimate 1 for each illegitimate 1 for each illegitimate
child or ¼ child (see above) child
Surviving spouse ¼ Same share as a Legitimes wouldn’t be
legitimate child impaired
TOTAL Varies depending on Varies depending on 1
no. of illegitimate no. of illegitimate
children children

6
LEGITIMATE CHILDREN, ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate children ½ Remaining portion of Whole estate divided by
estate, if any after the ratio of 2:1 for each
paying legitimes to be legitimate child and
 divided by the ratio of
2 for each legitimate
child
Illegitimate ½ share of each legit 1 for each illegitimate
children child child (see above)
Surviving spouse Same share as one Same share as a
legitimate child legitimate child, legitimate child, provided
provided legitimes are
not impaired
TOTAL Varies depending on Varies depending on
no. of illegitimate no. of illegitimate
children children
illegitimate child
respectively
1 for each illegitimate
child (see above)
Same share as a
legitimes are not
impaired
1

7
LEGITIMATE PARENTS ALONE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½ 1
TOTAL ½ ½ 1

8
LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½
Illegitimate ¼ ¼ ½
children
TOTAL ¾ ¼ 1

9
LEGITIMATE PARENTS AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1

10
LEGITIMATE PARENTS, SURVIVING SPOUSE AND ILLEGITIMATE CHILDREN

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Legitimate parents ½ ½
Surviving spouse 1/8 1/8 ¼
Illegitimate ¼ ¼
children
TOTAL 7/8 1/8 1

11
ILLEGITIMATE CHILDREN ALONE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Illegitimate ½ ½ 1
children alone
TOTAL ½ ½ 1

12
ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Illegitimate children 1/3 1/6 ½
Surviving spouse 1/3 1/6 ½
TOTAL 2/3 1/3 1

13
SURVIVING SPOUSE
 Intestate Heir SHARE AS LEGITIME SHARE FREE DISPOSAL
AS TOTAL INTESTATE SHARE
Surviving spouse ½ or 1/3 ½ or 1/3 1
TOTAL ½ or 1/3 ½ or 1/3 1

14
ILLEGITIMATE PARENTS ALONE

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Illegitimate parents ½ ½ 1
TOTAL ½ ½ 1

15
ILLEGITIMATE PARENTS AND SURVIVING SPOUSE
Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Illegitimate parents ¼ ¼ ½
Surviving spouse ¼ ¼ ½
TOTAL ½ ½ 1

16
SIBLINGS, NEPHEWS AND NIECES ALONE
(SPECIAL KIND OF COLLATERAL RELATIVES)

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Siblings, nephews, ½ ½ 1
nieces
TOTAL ½ ½ 1

17
SURVIVING SPOUSE, SIBLINGS, NEPHEWS AND NIECES

Intestate Heir SHARE AS LEGITIME SHARE AS FREE DISPOSAL TOTAL INTESTATE SHARE
Surviving spouse ½ ½
Siblings, nephews, ½ ½
nieces
TOTAL ½ ½ 1

ORDER OF CONCURRENCE IN THE CASE OF AN ADOPTED CHILD (Art. 190, FC)

SURVIVORS SHARE
Legitimate children As in the case of ordinary intestate succession
Illegitimate children
Surviving spouse
Legitimate parents or ascendants or illegitimate ½
parents and

Adopter ½
Legitimate parents or ascendants or illegitimate ½
parents
Adopter

Surviving Spouse ½
Legitimate parents or ascendants ½
Adopter

Illegitimate children or descendants ½

Legitimate parents or ascendants 1/3
Adopter

Surviving spouse 1/3

Illegitimate children or descendants 1/3

Adopter alone Entire estate
Collateral blood relatives As in the case of ordinary intestate succession

III. PROVISIONS COMMON TO TESTAMENTARY AND INTESTATE

SUCCESSIONS

A. ACCRETION
 DEFINITION OF ACCRETION (Art. 1015, CC)
- It is a right by virtue of which
- when two or more persons are called to the same inheritance, devise or legacy
- the part assigned to one who renounces or cannot receive his share or who died before the
testator
- is added or incorporated to that of his co-heirs, co-devisees, or co-legatees.

EFFECT OF PREDECEASE, INCAPACITY, DISINHERITANCE OR REPUDIATION IN

TESTAMENTARY AND INTESTATE SUCCESSION
CAUSE OF VACANCY TESTAMENTARY SUCCESSION INTESTATE SUCCESSION
LEGITIME FREE PORTION
Predecease 1. Representation 1. Accretion 1. Representation
2. Intestate 2. Intestate 2. Intestate
Succession Succession Succession

Incapacity 1. Representation 1. Accretion 1. Representation

2. Intestate 2. Intestate 2. Intestate
Succession Succession Succession

Disinheritance 1. Representation - -
2. Intestate
Succession

Repudiation Intestate Succession Accretion Accretion

B. CAPACITY TO SUCCEED

REQUISITES FOR CAPACITY TO SUCCEED BY WILL OR BY INTESTACY (Art. 1024

– 1025, CC)
1. The heir, legatee or devisee must be living or in existence at the moment the succession opens;
and
2. He must not be incapacitated or disqualified by law to succeed.

WHO ARE INCAPABLE OF SUCCEEDING

1. BASED ON UNDUE INFLUENCE OR INTEREST (Art. 1027, CC) - PIGRAP
a. Priest who heard the last confession of the testator during his last illness, or the minister of
the gospel who extended spiritual aid to him during the same period;
b. Individuals, associations and corporations not permitted by law to inherit;
c. Guardian with respect to testamentary dispositions given by a ward in his favor before the
final accounts of the guardianship have been approved, even if the testator should die after
the approval thereof; except if the guardian is his ascendant, descendant, brother, sister,
or spouse;
d. Relatives of the priest or minister of the gospel within the fourth degree, the church, order,
chapter, community, organization, or institution to which such priest or minister may
belong;
e. Attesting witness to the execution of a will, the spouse, parents, or children, or any one
claiming under such witness, spouse, parents, or children;
f. Physician, surgeon, nurse, health officer or druggist who took care of the testator during his
last illness.

2. BASED ON MORALITY OR PUBLIC POLICY (Art. 739, CC)

a. Those made in favor of a person with whom the testator was guilty of adultery or
concubinage at the time of the making of the will.
b. Those made in consideration of a crime of which both the testator and the beneficiary have
been found guilty.
c. Those made in favor of a public officer or his spouse, descendants and ascendants, by
reason of his public office.
3. BASED ON ACTS OF UNWORTHINESS (Art. 1032, CC) – See table under disinheritance

PARDON OF ACTS OF UNWORTHINESS

EXPRESS IMPLIED
Made by the execution of a document or any Effected when the testator makes a will instituting
writing in which the decedent condones the cause the unworthy heir with knowledge of the cause of
of incapacity incapacity
Cannot be revoked Revoked when the testator revokes the will or the
institution

C. ACCEPTANCE AND REPUDIATION OF INHERITANCE

 CHARACTERISTICS – VIR (Articles 1041 – 1042, 1056, CC)
1. Voluntary and free
2. Irrevocable except if there is vitiation of consent or an unknown will appears
3. Retroactive

REQUISITES (Art. 1043, CC)

1. certainty of death of the decedent
2. certainty of the right to the inheritance

ACCEPTANCE VS. REPUDIATION

1. Acceptance involves the confirmation of transmission of successional rights, while repudiation
renders such transmission ineffective.
2. Repudiation is equivalent to an act of disposition and alienation.
3. The publicity required for repudiation is necessary for the protection of other heirs and also of
creditors.

FORMS OF ACCEPTANCE (Articles 1049 – 1050, CC)

1. Express Acceptance – one made in a public or private document.
2. Tacit Acceptance – one resulting from acts by which the intention to accept is necessarily
implied or from acts which one would have no right to do except in the capacity of an heir.
Examples would be when the heir sells, donates or assigns his right, when the heir demands
partition of the inheritance, when the heir alienates some objects of the inheritance, etc.

FORMS OF REPUDIATION (Art. 1051, CC)

1. in a public instrument acknowledged before a notary public; or
2. in an authentic document – equivalent of an indubitable writing or a writing whose
authenticity is admitted or proved; or
3. by petition presented to the court having jurisdiction over the testamentary or intestate
proceeding

HEIRS IN TWO CAPACITIES (Art. 1055, CC)

- If a person is called to the same inheritance as an heir by will and by law and he repudiates
the inheritance in his capacity as a testamentary heir, he will be considered to have also
repudiated the inheritance as a legal heir.
- If he repudiates it as a legal heir, without his being a testamentary heir, he may still accept
it in the latter capacity.

D. COLLATION (Articles 1061 – 1077, CC)

CONCEPT OF COLLATION
- To collate is to bring back or to return to the hereditary mass
- in fact or by fiction
- property which came from the estate of the decedent, during his lifetime by donation or
other gratuitous title
- but which the law considers as an advance from the inheritance.

- It is the act by virtue of which, the compulsory heir who concurs with other compulsory
heirs in the inheritance bring back to the common hereditary mass
- the property which they may have received from the testator
- so that a division may be effected according to law and the will of the testator.

OPERATIONS RELATED TO COLLATION

1. Collation – adding to the mass of the hereditary estate the value of the donation or gratuitous
disposition.
2. Imputing or Charging – crediting the donation as an advance on the legitime (if the donee is
a compulsory heir) or on the free portion (if the donee is a stranger).
3. Reduction – determining to what extent the donation will remain and to what extent it is
excessive or inofficious.
4. Restitution – return or payment of the excess to the mass of hereditary estate.

PERSONS OBLIGED TO COLLATE

1. General Rule: compulsory heirs
Exceptions:
a. when the testator should have so expressly provided
b. when the compulsory heir should have repudiated his inheritance
 2. Grandchildren who survive with their uncles, aunts, or first cousins and inherit by right of
representation
*Note: Grandchildren may inherit from their grandparent in their own right, i.e., as heirs next
in degree, and not by right of representation if their parent repudiates the inheritance of the
grandparent, as no living person can be represented except in cases of disinheritance and
incapacity in which case grandchildren are not obliged to bring to collation what their parent
has received gratuitously from their grandparent.

WHAT TO COLLATE
1. Any property or right received by gratuitous title during the testator’s lifetime.
2. All that they may have received from the decedent during his lifetime.
3. All that their parents would have brought to collation if alive.

PROPERTIES NOT SUBJECT TO COLLATION

1. Absolutely no collation
a. Expenses for support, education (only elementary and secondary), medical attendance,
even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts.
(Art. 1067, CC)
2. Generally not imputable to legitime
a. Expenses incurred by parents in giving their children professional, vocational or other
career unless the parents so provide, or unless they impair the legitime.
b. Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit
except when they exceed 1/10 of the sum disposable by will.

E. PARTITION AND DISTRIBUITON OF ESTATE (Articles 1078 – 1105, CC)

CONCEPT OF PARTITION (Art. 1079, CC)

- It is the separation, division and assignment
- of a thing held in common among those to whom it may belong.
- The thing itself or its value may be divided.

WHO MAY EFFECT PARTITION

1. decedent, during his lifetime by an act inter vivos or by will
2. heirs
3. competent court
4. third person designated by the decedent

WHO CAN DEMAND PARTITION

1. compulsory heir
2. voluntary heir
3. legatee or devisee
4. any person who has acquired interest in the estate

WHEN PARTITION CANNOT BE DEMANDED – PAPU

1. when expressly Prohibited by the testator for a period not exceeding 20 years
2. when the co-heirs Agreed that the estate shall not be divided for a period not exceeding 10
years, renewable for another 10 years
3. when Prohibited by law
4. when to partition the estate would render it Unserviceable for the use for which it is intended

PROHIBITION TO PARTITION
1. The prohibition to partition for a period not exceeding 20 years can be imposed on the legitime.
2. If the prohibition to the partition is for more than 20 years, the excess is void.
3. Even if a prohibition is imposed, the heirs by mutual agreement can still make the partition.

PARTITION INTER VIVOS (Art. 1080, CC)

- It is one that merely allocates specific items or pieces of property on the basis of the pro-
indiviso shares fixed by law or given under the will to heirs or successors.

EFFECTS OF INCLUSION OF INTRUDER IN PARTITION

1. Between a true heir and several mistaken heirs – partition is void.
2. Between several true heirs and a mistaken heir – transmission to mistaken heir is void
3. Through error or mistake, share of true heir is allotted to mistaken heir – partition shall
not be rescinded unless there is bad faith or fraud on the part of the other persons interested,
but the latter shall be proportionately obliged to pay the true heir of his share. The partition
with respect to the mistaken heir is void.

A VOID WILL MAY BE A VALID PARTITION

1. If the will was in fact a partition
 2. If the beneficiaries of the void will were legal heirs

IMPORTANT PERIODS TO REMEMBER

1 month or less before making a will Testator, if publicly known to be insane, burden of
proof is on the one claiming validity of the will
20 years Maximum period testator can prohibit alienation of
dispositions
5 years from delivery to the State To claim property escheated to the State
1 month To report knowledge of violent death of decedent lest
he be considered unworthy
5 years from the time disqualified person took Action for declaration of incapacity & for recovery of
possession the inheritance, devise or legacy
30 days from issuance of order of distribution Must signify acceptance/repudiation otherwise,
deemed accepted
1 month form written notice of sale Right to repurchase hereditary rights sold to a
stranger by a co-heir
10 years To enforce warranty of title/quality of property
adjudicated to co-heir from the time right of action
accrues
5 years from partition To enforce warranty of solvency of debtor of the
estate at the time partition is made
4 years form partition Action for rescission of partition on account of lesion