CHARACTERISTICS OF SUCCESSION: 1. Mode of acquisition 2.

The property, rights & obligations to the extent of the value of the inheritance transmitted 3. The transmission takes place only by virtue of death 4. The transmission takes place either by will or by operation of law 5. The transmission to another REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting of the successional right): 1. Death of the decedent 2. Express will of the testator calling succession and/or provision of law prescribing successors 3. Rights or properties are transmissible 4. Transferee is still alive (didn’t predecease) 5. Transferee is capacitated to inherit 6. Acceptance of the inheritance by the successor KINDS OF SUCCESSION: 1. Testamentary – succession by will 2. Intestate – succession in default of a will 3. Mixed Treatment of accruals under the laws of succession: 1. a. Article 793 refers to accruals after the making of the will b. Article 781 refers to accruals after the death of the testator 2. a. Article 793 accruals don’t always pertain to the testate heirs b. Article 781 accruals will always pertain to the testate heirs Will – 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. Validity of wills EXTRINSIC 1. Governing law as to time 2. Governing law as to place FOR FILIPINOS Article 795 – law in force when will was executed Law of citizenship Law of domicile Law of residence Law of place of execution Philippine law FOR FILIPINOS Article 2263 – law at time of death Article 16, Article 1039 – Philippine law FOR FOREIGNERS Same rule (assumption: will is being probated here) Law of citizenship Law of domicile Law of residence Law of place of execution Philippine law FOR FOREIGNERS Article 16, Article 1039 – depends on personal law Article 16, Article 1039 – national law

INTRINSIC 1. Governing law as to time 2. Governing law as to place

Testamentary Capacity 1. All persons not expressly prohibited by law 2. 18 years old and above 3. Sound mind 2 Kinds of Wills: 1. Notarial will – Articles 804-806, & 807-808 in special cases 2. Holographic – Articles 804 & 810

If made by the hand of the testator & authenticated by him: alters the will without affecting its validity 2.Common requirements that apply to the 2 kinds of wills 1. In a language or dialect known to the testator REQUISITES FOR VALID NOTARIAL WILL: 1. Must be acknowledged before a notary public Additional requisite if deaf or mute: Must either: 1 1. Read will personally. Executed in a language or dialect known to the testator 3. Executed in a language or dialect known to the testator 3. or caused some other person to write his name under his express direction c. If made by testator but not handwritten: entire will is nullified 4. Subscribed by the testator himself or by the testator’s name written by some other person in his presence & under his express direction at the end thereof. or erasure on the validity of the will 1. stating the following: a. Made by a stranger but not authenticated by the testator: deemed as if not written at all . The number of pages of the will b. on the left margin 6. Must contain an attestation clause. Each & every page of the will must be numbered correlatively in letters placed on the upper part of each page 7. By a stranger & the testator has authenticated the same: entire will is nullified 5. Entirely written. Attested & subscribed by at least 3 credible witnesses in the presence of the testator and of one another 5. he shall designate 2 persons to read it & communicate to him the contents Additional requisite if blind: Will shall be read to him twice: 1. Once by one of the subscribing witnesses 2. Once by the notary public before whom it is acknowledged REQUISITES OF HOLOGRAPHIC WILL: 1. Otherwise. In writing 2. & by instrumental witnesses in the presence of each other. Notarial will can only be amended through a codicil 2. PROVIDED that said dispositions are also dated & signed & everything is written by the hand of the testator himself b. In writing 2. Executing a codicil which may either be notarial or holographic Effect of cancellation. Fact that the testator signed the will & every page in the presence of witnesses. Certain dispositions or additional matter may be suppressed or inserted PROVIDED that sad cancellation is signed by the testator & is written by the testator himself (no need to be detailed) c. dated & signed by the hand of the testator himself AMENDING A WILL: 1. Each & every page must be signed by the testator or by the person requested by him to write is name. Dispositions may be added below the signature. if able to do so. In writing 2. addition insertion). at the presence of witnesses 4. 2. All witnesses signed the will & every page thereof in the presence of the testator & of one another 8. Holographic will can be amended in 3 ways: a. If made by the hand of the testator but was not authenticated by him: deemed as if not written at all 3.

Whether the instrument which is offered for probate is the last will and testament of the decedent 2. Whether the testator had testamentary capacity at the time of the execution of the will GROUNDS FOR DISALLOWANCE OF A WILL: 1. Literate. The execution of the will is attended by a vice of consent INSTITUTION OF HEIR – an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations Requisites for a valid institution of heir: 1. If one has no compulsory heirs: a. The testator failed to comply with prescribed formalities 3. blind) 3. Same May be blind. they are instituted simultaneously & not successively Rules regarding a person’s right to dispose of his estate: 1. 4. Same 7. added to or altered. able to read and write 4. Not the notary public before whom the will is acknowledged 6. made after the execution of the will & annexed to be taken as part by which any disposition in the original will may be explained. Designation in will of person/s to succeed 2. dumb. The will is formally valid 5. Sound mind 7. deaf or deaf-mute No literacy requirement No such requirement 5. Will specifically assigns to such person an inchoate share in the estate 3. The person so named has capacity to succeed 4. No such requirement 6. Qualifications of a witness and a testator: WITNESS 1. Whether the will has been executed in accordance with the formalities prescribed by law 3. By implication of law 2. Equality: heirs who are instructed without a designation of shares inherit in equal parts 2. No such requirement REVOCATION OF A WILL: 1. By the physical act of destruction coupled with the intent to revoke PROBATE – It is a the special proceeding by which the validity of a will maybe established Matters to be proved in a probate: 1. No prior conviction for perjury/false testimony/falsification 5. Domiciled in the Philippines TESTATOR 1. No preterition results from the effect of such will 3 principles in the institution of heirs: 1. He can give his estate to any person qualified to inherit under him . At least 18 years old 2. 2. No vice of consent is present 6. The testator did not possess testamentary capacity at the time of execution 2. By the execution of a documentation with all the requisites of a will 3. Physically fit (not deaf. 3. Individuality: heirs collectively instituted are deemed individually named unless contrary intent is proven 3. Simultaneity: when several heirs are instituted.What is a codicil? It is a supplementary or addition to a will.

deprives a compulsory heir of his right to the legitime. stating the cause in the will itself 5. The omission must be that of a COMPULSORY HEIR 3. Compulsory heir omitted must be of the DIRECT LINE 4. he must respect restrictions imposed by special laws 2. Disinheritance must be for a cause designated by law 3. The omitted compulsory heir must be LIVING at the time of testator’s death or must at least have been CONCEIVED before the testator’s death Effects of preterition: 1. Cause must be certain & true. It must be made expressly. Disinheritance DISINHERITANCE Express deprivation of legitime Always voluntary PRETERITION Tacit deprivation of legitime May also be voluntary but is presumed to be involuntary (as it’s an omission to mention as an heir or though mentioned. He can give only the disposable portion to strangers b. It must be made in valid will 4. It must unconditional 7. There must be an omission of one. Must be total Summary of causes of disinheritance GROUNDS FOR DISINHERITANCE CHILDREN/ DESCENDANT S PARENTS/ ASCENDANTS SPOUSE * UNWORTHINE SS 1 Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant * * * . Heir disinherited must be designated by name or in such a manner as to leave no room for doubt as to who it is intended 2. for just cause. isn’t instituted as an heir) Presumed by law to be a mere oversight Compulsory heir is merely restored to his legitime Legal cause is present Even a compulsory heir may be totally excluded Requisites for a valid disinheritance 1. However. some or all of the heir/s in the will 2. & must be proved by interested heirs if the person disinherited should deny it 6. If one has compulsory heirs: a.b. The institution of heirs is annulled 2. Preterition vs. Devises & legacies shall remain valid as long as they aren’t officious DISINHERITANCE – It is the act by which the testator. Legitimes of compulsory heirs must be respected PRETERITION: 1.

intimidation. found groundless. The testator creates it himself – disinheritance 2. The does something – repudiates 3. unless authorities have already taken action 14 Force. false 3 Causes testator/ decedent to make will or change one by fraud. violence. Something happens to the heir – incapacitated / predecease How are vacancies filled: 1. Substitution . 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 & 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’s reconciliation between parents 12 Spouses given cause for legal separation 13 Failure to report violent death of decedent within 1 month.GROUNDS FOR DISINHERITANCE 2 Accused testator/ decedent of crime punishable by imprisonment of more than 6 years. 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 CHILDREN/ DESCENDANT S PARENTS/ ASCENDANTS SPOUSE * UNWORTHINE SS * * * * * * * * * * * * * * * * * * * * * * * * * Causes of vacancy in succession: 1.

Requisites of a fideicommissary substitution: 1. Legitimate children & their descendants (legitimate) b. Fideicommissary Substitution FIDEICOMMISSARY SUBSTITUTION – A substitution is a fideicommissary substitution if the testator institutes an heir with an obligation to deliver to another the property so inherited. Singular or vulgar substitution a. Different classes of heirs: 1. Compendious d. Illegitimate children & their descendants (legitimate or illegitimate) 2. Both the fiduciary & the fideicommissary substitute are living or at least conceived at the time of the death of the testator 7. An obligation clearly imposed on the fiduciary to preserve & transmit the property to a fideicommissary substitute 4. Representation 3.2. Compulsory heirs – succeed because the law reserved for them Classes Compulsory Heirs: 1. Secondary a. Illegitimate parents (no other ascendants) – inherit only in default of 1a & 1c Summary of legitimes of compulsory heirs: SURVIVING LEGITIMATE SURVIVING RELATIVES CHILDREN & SPOUSE DESCENDANTS ILLEGITIMATE CHILDREN LEGITIMATE PARENTS & ASCENDANTS ILLEGITIMATE PARENTS Legitimate children alone 1 legitimate child surviving spouse ½ (divided by the # of children) ½ ¼ . Voluntary heirs – succeed by virtue of a will 2. Legal or intestate heirs – succeed by operation of law in the absence of a will 3. The fideicommissary substitution is imposed on the free portion of the estate & not on the legitime LEGITIME . Legitimate parents & ascendants (legitimate) – inherit only in default of 1a b. Accretion Classes of substitution 1. The heir instituted to such condition is called the first heir or fiduciary heir. Surviving spouse (legitimate) c. Simple b.It is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs called compulsory heirs. The fideicommissary substitution is made expressly 6. Brief c. Primary a. A 2nd heir or fideicommissary substitute 3. The substitution doesn’t go beyond the 1st degree of the fiduciary 5. the one to receive the property is the fideicommissary or second heir. Reciprocal 2. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited 2.

SURVIVING RELATIVES CHILDREN LEGITIMATE & SURVIVING SPOUSE ILLEGITIMATE CHILDREN LEGITIMATE PARENTS & ASCENDANTS ILLEGITIMATE PARENTS DESCENDANTS Legitimate children Surviving spouse Legitimate children Illegitimate children 1 legitimate child surviving spouse illegitimate children 2 or more legitimate children surviving spouse Illegitimate children Legitimate parents alone Legitimate parents Illegitimate children Legitimate parents Surviving spouse Legitimate parents Surviving spouse Illegitimate children Illegitimate children alone Illegitimate children Surviving spouse Surviving spouse alone Illegitimate parents alone Illegitimate parents Surviving spouse ½ (divided by no. Article 854 would come into play (annulment of institution of heir & reduction of devises and legacies) 2. If the impairment is thru donation. of children) ½ Same as the share @ legit child ½ of the share of @ legit child ¼ ½ of the share of @ legit child ½ of the share of @ legit child ½ ½ (divided by no. If the impairment is partial. of children) Same as the share of @ legit child ½ ¼ ½ ¼ 1/8 ¼ ½ 1/3 ½ or 1/3 if marriage in articulo mortis ½ (divided by no. of children) 1/3 (divided by no. then the compulsory heirs is entitled to completion of legitime under Article 906 3. then remedy is collation. of children) ½ ¼ ¼ Remedy of compulsory heir in case of impairment of legitime: 1. RESERVA TRONCAL – It is that part of the decedent’s property that an ascendant. If the impairment is total them there may be preterition if the compulsory heir preterited is either an ascendant or descendant. who inherits by operation of law from his descendants which the latter may have acquired by .

Person dies with void will 3. NEVER in the ascending line Order of Intestate succession adopted child LEGITIMATE CHILD 1 Legitimate child and legitimate descendants 2 Legitimate parents & legitimate ascendants 3 Illegitimate children & left or illegitimate descendants of a legitimate child. Order of payment in case estate is INSUFFICIENT to cover legacies & devises 1. but only in favor of the children of siblings 2. nephews. determinate thing 6. Intestate succession only: heirs in the collateral line. Preferential legacies or devises declared by testator 3. is obliged by law to reserve such property for the benefit of 3rd degree relatives who belong to the line from which the property which otherwise will go to certain specific heirs but which law reserves to certain predetermined heirs. Predecease Who can exercise right of representation 1. Legacies for Support 4. Person dies with a will that subsequently loses validity 4. Suspensive condition attached to the institution of the heir doesn’t happen or isn’t fulfilled 7. or repudiates the inheritance 8. Incapacity of the heir 2 fundamental underlying principles in legal or intestate succession 1. nephews. Legacies for Education 5. Person dies without a will 2. an illegitimate child and an ILLEGITIMATE CHILD legitimate child & legitimate descendants illegitimate children & legitimate or illegitimate descendants illegitimate parents ADOPTED CHILD legitimate child & legitimate descendants illegitimate children & legitimate or illegitimate descendants legitimate or illegitimate parents & legitimate ascendants. illegitimate siblings. nieces 4 Surviving spouse surviving spouse 5 Legitimate siblings. Rule of Equal Division – equal division within the same group Grounds when the right of representation will be available: 1. Will doesn’t institute an heir or institution is void 5. No one Surviving spouse & Legitimate collaterals & state Illegitimate children descendants . Legacies or devises for Specific. Remuneratory legacies or devises 2. Disinheritance 2. Heir predeceases. All others. Incapacity 3. nieces 6 Legitimate collateral State State relatives 7 State Order of succession & concurrence in intestate succession INTESTATE HEIR EXCLUDES EXCLUDED BY CONCURS WITH Legitimate children Ascendants. pro-rata Causes for legal or intestate succession 1. Will doesn’t dispose of ALL property belonging to the testator 6. Rule of Proximity – nearer exclude the more remote 2. nieces nephews. adoptive parents surviving spouse siblings. Both testate & intestate succession: heirs in the descending line.gratuitous title from another ascendant or sibling.

of children 1 4. of children plus the surviving spouse Surviving spouse Same as share of @ legitimate child TOTAL Varies on no. Legitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate children ½ Remaining portion of estate after paying TOTAL INTESTATE SHARE 1 1 TOTAL INTESTATE SHARE ½ ½ 1 TOTAL INTESTATE SHARE Whole estate divided equally between total number of children plus the surviving spouse No. of children Legitimes to be divided equally between total no. One legitimate child and surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate child ½ Surviving spouse ¼ ¼ TOTAL ¾ ¼ 3.Illegitimate children & Descendants Legitimate parents & legitimate descendants Illegitimate parents Surviving spouse Illegitimate parents. of children plus the surviving spouse Varies on no. Legitimate children & legitimate descendants alone INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate children ½ ½ TOTAL ½ ½ 2. collaterals & state Collaterals & state Collaterals & state Collaterals other than siblings. nephews nieces Other collaterals within 5th degree State No one Legitimate children. Legitimate parents & illegitimate parents Legitimate children Illegitimate children Legitimate parents Illegitimate parents & Surviving spouse Everyone Collaterals in the same degree No one Summary of intestate shares: 1. nephews and nieces All other collaterals & state Collateral remoter in degree & state No one Legitimate children Legitimate children & illegitimate children No one Surviving spouse Legitimate children & legitimate parents Illegitimate children & surviving spouse Surviving spouse Legitimate children Illegitimate children Legitimate parents & Illegitimate parents Surviving spouse Siblings. illegitimate children. Legitimate children & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate children ¼ Remaining portion of Whole estate divided estate after paying by the ration of 2 for each legitimate child .

Legitimate parents & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate parents ½ Illegitimate children ¼ ¼ TOTAL ¾ ¼ 9. One legitimate child. 1 for @ illegitimate child Illegitimate child ½ share of @ 1 for @ illegitimate 1 for @ illegitimate legitimate child child child Surviving spouse ¼ & 2 for the surviving Legitimes wouldn’t spouse be impaired TOTAL Varies depending on Varies depending on 1 no. of children Legitimes to be divided by the ration of 2 for @ legitimate child. Legitimate parents alone INTESTATE HEIR SHARE AS LEGITIME Legitimate parents TOTAL ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 8. of children 1 for @ illegitimate child provided that legitimes wouldn’t be impaired 5. if any after by the ratio of 2 for paring legitimes to @ legitimate child be divided by the ratio of 2 for @ legitimate child Illegitimate children ½ share of @ legit 1 for @ illegitimate 1 for @ illegitimate child child child Surviving spouse ¼ & 2 for the surviving & 2 for the surviving spouse spouse provided that legitimes won’t be impaired TOTAL Varies depending on Varies depending on 1 no. of illegitimate children children 6. Legitimate parents & surviving spouse TOTAL INTESTATE SHARE ½ ½ 1 . of illegitimate no. & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate child ½ Remaining portion of Whole estate divided estate after paying by the ratio of 2 @ legitimes to be legitimate child divided by the ration of 2 for @ legitimate child. illegitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate children ½ Remaining portion of Whole estate divided estate. of illegitimate no. 1 for @ illegitimate child Varies on no. Legitimate children. of illegitimate children children 7.Illegitimate children ½ share of @ legitimate child TOTAL Varies on no. illegitimate children.

Illegitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Illegitimate children 1/3 1/6 Surviving spouse 1/3 1/6 TOTAL 2/3 1/3 13.INTESTATE HEIR Legitimate parents Surviving spouse TOTAL SHARE AS LEGITIME ½ 1/8 ¾ SHARE AS FREE DISPOSAL 1/8 ¼ TOTAL INTESTATE SHARE ½ ¼ 1 10. surviving spouse & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Illegitimate children 1/3 1/6 ½ Surviving spouse 1/8 1/8 ¼ Illegitimate children 1/4 ¼ TOTAL 7/8 1/8 1 11. Surviving spouse INTESTATE HEIR SHARE AS LEGITIME Surviving spouse TOTAL ½ or 1/3 ½ or 1/3 SHARE AS FREE DISPOSAL ½ or 1/3 ½ or 1/3 TOTAL INTESTATE SHARE 1 1 14. Illegitimate children alone INTESTATE HEIR SHARE AS LEGITIME Illegitimate children alone TOTAL ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 TOTAL INTESTATE SHARE ½ ½ 1 12. Legitimate parents. Illegitimate parents alone INTESTATE HEIR SHARE AS LEGITIME Illegitimate children ½ SHARE AS FREE DISPOSAL ½ TOTAL INTESTATE SHARE 1 15. Illegitimate parents & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Illegitimate parents ¼ ¼ Surviving spouse ¼ ¼ TOTAL ½ ½ TOTAL INTESTATE SHARE ½ ½ 1 .

to which the priest belongs 2. surgeon. Attesting witness to execution of will & their spouses. Plurality of heirs 3.the order should be complied with. chapter.P) 4. corporations not permitted by law to inherit Validity and Effect of Legacy/Devise Thing owned in part by General Rule: Conveys only interest or part owned by testator testator (Article 929) Exception: if testator otherwise provides – a. If testator ordered acquisition of the thing . siblings.the state shld try to acquire the part or interest owned by other parties. descendant. nephews & nieces INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Surviving spouse ½ Siblings.there is an implied order to acquire & doubts must be resolved in favor of intestacy . ½ nieces TOTAL ½ ½ Requisites for accretion to take place: 1. He may convey more than what he owns .legacy/device is void Exception: if testator acquire the thing onerously or gratuitously after making of the disposition. nephews.code is silent but disposition shld be considered valid (Balane & Tolentino) . the estate should give the legatee/devisee the monetary equivalent (analogy with Article 931) b. nieces TOTAL ½ ½ SHARE AS FREE DISPOSAL ½ ½ TOTAL INTESTATE SHARE 1 1 17. He may convey less than what he owns (Article 794) Thing owned by another General Rule: (Articles 930-931) a. Others are accepting & 5. Guardian before final accounts have been approved EXCEPT if an ascendant. disposition is validated c. Individuals. Priest who heard confession during last illness & his relatives with thin the 4 th degree & the order. If other parties are unwilling to alienate. nephews.16. Siblings. the legatee/devisee should be given the monetary equivalent b. etc. If testator knew that the thing did not belong to him but did not order its acquisition . If testator erroneously believed that the thing belonged to him . associations. Unity of object 2. Physician. There has been earmarking TOTAL INTESTATE SHARE ½ ½ 1 Incapacity to succeed because of possible undue influence 1. nephews & nieces alone INTESTATE HEIR SHARE AS LEGITIME Siblings. spouse 3. nurse who took care of testator during his last illness 5.I. Surviving spouse. Some of the heirs cannot or are disqualified to accept (R.. sibling. children or any one claiming under them 4. parents. If the owner is unwilling to part with the thing.

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 . 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 Action for declaration of incapacity & for took possession recovery of the inheritance. If thing already belonged to legatee/devisee at time of execution of will – legacy/devise is void b. in fact or by fiction. devise or legacy 30 days from issuance of order of Must signify acceptance/repudiation distribution otherwise.Thing already owned to the legatee/devisee (Articles 932-933) a. property which came from the estate of the decedent. but which the law considers as an adverse from the inheritance. If thing was acquired onerously by L/D – L/D entitled to be reimbursed ii. so that a division may be effected according to law & the will of the testator.To collate is to bring back or to return to the hereditary mass. if publicly known to be insane. if the encumbrance can be removed for a consideration an encumbrance over a thing belonging to testator (Article 932 par 2) Legacy/Devise of a thing The encumbrance must be removed by paying the debt unless the pledged or mortgaged testator intended otherwise (Article 934) COLLATION . the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him. If testator erroneously believed that he owned the thing – legacy /devise is void 2. If testator was not in error - i. Important periods to remember: 1 month or less before making a will Testator. It is the act by virtue of which. during his lifetime. If thing was acquired gratuitously by L/D – nothing is due iii. If thing was owned by testator at time will was made and L/D acquired the thing from him thereafter – law is silent (Balane: deemed revoked) Legacy/Devise to remove Valid. If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee – 1.

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