BASIC SUCCESSION

1. Define the following:

a. SUCCESSION
 From the Latin “sub” and “cedere,” meaning the placing of one
person in the place of another. It is defined as the transmission of
rights and properties from one person to another.
 Succession may be inter vivos or mortis causa, depending upon
whether the transfer is effective during the lifetime (inter vivos) of
the giver, or after his death (mortis causa).

b. HEIR
 An heir is a person called to the succession either by the provision of
a will or by operation of law. (Art. 782)

c. WILL
 A will 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. (Art. 783)

d. FUTURE INHERITANCE
 “Future inheritance” is any property or right not in existence or
capable of determination at the time of the contract, that a person
may in the future acquire by succession.

2. Differentiate the following:

a. inheritance and succession
 Inheritance is the property or right acquired; succession is the
manner by virtue of which the property or right is acquired.

b. succession inter vivos and succession mortis causa

 Succession inter vivos means that the transfer is effective during the
lifetime of the giver. Succession inter vivos occurs in an ordinary
donation. Succession mortis causa denotes the transfer of title to
property under the laws of descent and distribution, taking place as it
does, only on the death of a person.

c. compulsory succession and voluntary succession

  Compulsory succession refers to the legitime while voluntary
succession refers to the free disposal.

d. universal succession and particular succession

 Universal succession covers ALL juridical relations involving the
deceased while particular succession covers only certain items or
properties.

e. administration and succession

 Administration is means dealing with a deceased person’s property
according to law; succession is the transferring to it beneficially.

f. decedent and testator

 Decedent is the general term applied to the person whose property
is transmitted through succession, whether or not he left a will. If he
left a will, he is also called the testator.

g. testamentary succession, intestate succession and mixed succession

 testamentary succession - there is a will
intestate or legal succession - there is NO will
mixed succession - part of the property has been disposed of in a will

h. devisees and legatees

 Legatees — if they succeed to particular personal properties
(legacies);
 Devisees — if they succeed to particular real properties (devises).
Note that, legatees and devisees can exist only in testamentary
succession.

i. will and testament

 A “testament” disposes of personal property; while a “will” disposes
of real property.

j. extrinsic validity and intrinsic validity

 Extrinsic validity refers to the forms and solemnities needed;
Intrinsic validity — refers to the legality of the provisions in an
instrument, contract or will.

3. What are the important elements of the definition of succession mortis

causa under Art. 774?
  Important Elements of the Definition of Mortis Causa under Art. 774
are the following:
a) mode of acquisition (or ownership)
b) transfer of property, rights, and obligations to the extent of the value
of the inheritance of a person (called grantor or transferor, decedent,
testator, or intestate)
c) transmission thru death (not during life)
d) transmission to another (called grantee, or transferee, heir, legatee,
or devisee)
e) by will or by operation of law (testamentary or legal succession)

4. What rights are extinguished by death and does not form part of the
estate?
 Examples of rights extinguished by death (and which therefore are not
part of the estate):
1) intransmissible personal rights because of their nature (such as
those appertaining to family rights, marital and parental authority,
support, action for legal separation, partnership, agency, life
annuity).
2) right to claim acknowledgment or recognition as a natural child.
3) right to hold public or private office or job.

5. What rights are not extinguished by death and form part of the estate?
 Examples of rights not extinguished by death (and which therefore are
part of the estate):
1) Right to bring or continue an action for forcible entry or unlawful
detainer.
2) Right to compel the execution of a document necessary for
convenience, provided that the contract is valid and enforceable
under the Statute of Frauds.
3) Right to continue a lease contract either as lessor or lessee, unless
otherwise provided for in the contract.
4) Property right in an insurance policy (the interest of a beneficiary in
a life insurance policy) is a vested interest (provided, the designation
of the beneficiary is irrevocable), and as such is transmissible by
hereditary succession, unless by the terms of the policy it is
otherwise provided.

6. ABC Company entered into a Contract of Lease with Option to Buy with
Dugong. ABC Company have the option to lease or lease with purchase the
 land of Dugong which option must be exercised within a period of two
years from the signing of the contract. ABC Company regularly paid
Php.3,000.00 monthly as consideration for the option. Before the two years
period expired, Dugong died. His son Chocolate inherited the land. He
refused to accept payments being made by ABC Company and even refused
the offer of ABC Company to buy the land. Is Chocolate’s action correct?

 No, Chocolate is incorrect. A contract of lease is generally

transmissible to the heirs of the lessor or lessee. It involves a
property right and, such, the death of a party does not excuse non-
performance of the contract. The rights and obligations pass to the
heirs of the deceased and the heir of the deceased lessor is bound to
respect the period of the lease. The same principle applies to the
option to renew lease. However, while the option to renew is an
enforceable right, it must necessarily be first exercised to be given
effect.

In this case, it appears that the exercise by ABC Company of its

option to lease the subject property was made in accordance with
the contractual provisions. Thus, Chocolate has the obligation to
surrender possession of and lease the premises to ABC Company
pursuant to the Contract of Lease with Option to Buy.

7. What are the conditions for the transmission of successional rights?

 Conditions for the Transmission of Successional Rights

It is true that death transfers the rights to the succession — but only if
the following conditions are present, namely:
a) that indeed there has been a death (either actual or presumed)
b) that the rights or properties are indeed transmissible or
descendible
c) that the transferee is still alive (no predecease), willing (no
repudiation), is capacitated to inherit.

8. When does intestate succession takes place?

 “Legal succession” or “intestate succession” takes place:

1) If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;
 2) When the will does not institute an heir to, or dispose of all the
property belonging to the testator. In such case, legal succession
shall take place only with respect to the property of which the
testator has not disposed;
3) If the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or if the heir dies before the testator,
or repudiates the inheritance, there being no substitution, and no
right of accretion takes place;
4) When the heir instituted is incapable of succeeding, except in cases
provided in this Code. (Art. 960, Civil Code)

9. Give an example of mixed succession.

 Mixed succession is that which is effected partly by will and partly by
operation of law.
For example, when the testator fails to dispose of all his property in his
will, over that portion undistributed by will, legal or intestate succession
shall operate.

10.Explain: All compulsory heirs are necessarily intestate heirs but not all
intestate heirs are compulsory heirs.
 Intestate heirs include legitimate and illegitimate children, surviving
spouse, and other relatives. Compulsory heirs are those who cannot be
deprived of their legitimes, like the spouse and children. In the absence
or in default of a last will of the decedent, the compulsory heirs
(surviving spouse and children) will automatically inherit the estate of
the decedent at the time of death in accordance with law.

11.Could a compulsory heir be a voluntary heir at the same time?

 Yes. If in a will, a compulsory heir is given more than his legitime, he
assumes a dual status:
(a) Insofar as his legitime is concerned, he is a compulsory heir.
(b) Insofar as the excess is concerned, he is a voluntary heir.
12.The testator X makes a will giving the sum of Php 1 million which he has
deposited in ABC Bank Manila in favor of the two oldest public schools in
Bicol. He leaves the task to his executor to determine these two schools
and distribute the sum equally. Is the disposition valid? Explain.

 Yes. Under Article 786 of the Civil Code, “The testator may entrust to a
third person the distribution of specific property or sums of money that
he may leave in general to specified classes or causes, and also the
designation of the persons, institutions or establishments to which such
property or sums are to be given or applied.”
In the said case, the distribution and the designation of who will receive
and how much, fall within the class or cause, and the specific sum of
money has been set aside for the purpose. Thus, it can be entrusted to a
third person.

13.Testator X stated that he leaves the sum of Php 1 million to charity and
leaves the discretion to his father F whether to give it or not. Is the
disposition valid? Explain.
 No. The disposition is not valid. Under Article 787, “The testator may not
make a testamentary disposition in such manner that another person
has to determine whether or not it is to be operative.”
Here, testator X leaves the discretion to his father whether to give the
Php 1 million to a charity or not. This would be a clear case of illegal
delegation of testamentary power.

14.What are the essential elements and characteristics of a will?

 Essential Elements and Characteristics of a Will
a) The making of a will is a statutory (not a natural) right.
b) It is a unilateral act. This means that no acceptance by the
transferees is needed while the testator is still alive; any acceptance
made prematurely is useless.
c) It is a solemn or formal act (executed in accordance with the
formalities prescribed by law).
d) There must be animus testandi (intent to make a will).
e) The testator must be capacitated to make a will. (Arts. 796-798
f) The will is strictly a personal act in all matters that are essential. (Art.
784)
g) It is effective mortis causa (i.e., it produces effects only after the
death of the testator — hence, the will is termed “ambulatory”). (Art.
777)
h) It is essentially revocable or ambulatory. (Art. 828)
 i) It is free from vitiated consent, i.e., it must have been executed
freely, knowingly, and voluntarily, otherwise it will be disallowed.
(Art. 839)
j) It is an individual (as distinguished from a joint) act (if executed by a
Filipino, whether in the Philippines or abroad). (See Arts. 818 and
819)
k) It disposes of the testator’s estate (whether totally or partially) in
accordance with his wishes (“to a certain degree” only, because
legitimes are reserved for compulsory heirs).

15.What is the rule in constructing the provisions of the will?

 Art. 796. All persons who are not expressly prohibited by law may
make a will.
Who Can Make Wills
a) The general rule is CAPACITY. It is incapacity that is the exception.
b) Two general qualifications: (1) 18 years old or over; (2) soundness of
mind at the time the will is made.
c) A convict under civil interdiction is allowed to make a will. This is
because civil interdiction prohibits a disposition of property inter
vivos, not mortis causa. (Art. 34, Revised Penal Code).
d) Since the law does not disqualify them, it is believed that
spendthrifts or prodigals, even if under guardianship, can make a
will provided they are at least 18 years old and are of sound mind.
e) Art. 796 refers to “all persons,’’ but this should be understood to
refer only to natural persons, not juridical ones, like corporations.
This is evident from the requirement of soundness of mind. (Art.
798).
f) Capacity to make a will is called “testamentifaccion active,’’ whereas
capacity to inherit or to receive by will is “testamentifaccion
passive.’’

16.What are the kinds of ambiguity in a will and how to resolve it?
 Kinds of Ambiguity in a Will and how to resolve it:
1. Latent or Intrinsic Ambiguity — “imperfect description or when no
person or property exactly answers the description.”
How may this be cured?
BY EXAMINING:
a. the will itself
b. extrinsic evidence such as written declarations of the testator (NOTE —
extrinsic evidence taken from the alleged ORAL declarations of the
testator should NOT be allowed, as this can result in fraud, confusion,
 and unfairness to the dead man whose words may be distorted or
perjured.).

2. Patent or Extrinsic Ambiguity — “when an uncertainty arises upon the

face of the will.”
How may this be cured?
(Same as what was stated for curing a latent ambiguity.)
BY EXAMINING:
a. the will itself
b. extrinsic evidence such as written declarations of the testator (NOTE —
extrinsic evidence taken from the alleged ORAL declarations of the
testator should NOT be allowed, as this can result in fraud, confusion,
and unfairness to the dead man whose words may be distorted or
perjured.).

17.What are the rules in the interpretation of wills?

 Interpretation as a Whole
a) The will must be interpreted as a whole.
b) While testacy is preferred over intestacy, this is true only if the will has
been validly made.
 Rules for Interpretation of Words
(a) Ordinary words have their ordinary meanings.
EXCEPTION — If there is a clear intention that another meaning was
used — provided that other meaning can be determined. (Reason for
exception: The supreme law for interpretation is INTENTION).

(b) Technical words have technical meanings. (Example — “natural

child” means that kind defined in the law of PERSONS.).
EXCEPTIONS:
1) If there is a contrary intention.
2) If it appears that the will was drafted by the testator alone, who did
not know the technical meaning.

18.Explain the priority or preference of testate over intestate proceedings.

 Testate proceedings take precedence over intestate proceedings:

If in the course of intestate proceedings pending before the RTC, it is

found that the decedent left a will, proceedings for the probate of the
will should replace the intestate proceedings (in the same court), even if
at that stage, an administrator had already been appointed, the latter
 being required to render his final accounts and to turn over the estate to
the executor subsequently named. This is without prejudice to the fact
that if, the will be disallowed, the intestate proceedings should be
resumed.
19.What is the general rule and exceptions respecting after-acquired
properties?
 General Rule Respecting After-Acquired Properties
1. What are given by the will are only those properties already
possessed and owned by the testator at the time the will was made,
not those acquired after (“after-acquired property”).
Exceptions:
(a) If it expressly appears in the will that it was the intention to give such
“after-acquired” properties.
(b) If the will is republished or modified by a subsequent will or codicil
(in which case, the properties owned at the time of such
republication or modification shall be given). (Art. 836).
(c) If at the time the testator made the will he erroneously thought that
he owned certain properties, the gift of said properties will not be
valid, unless after making the will, said properties will belong to him.
(See Art. 930).
(d) Legacies of credit or remission are effective only as regards that part
of the credit or debt existing at the time of the death of the testator.
(Art. 935, par. 1).

20.What law will govern the extrinsic and intrinsic validity of a will?
 Article 795 states that:
The validity of a will as to its form depends upon the observance of the
law in force at the time it is made.