Professional Documents
Culture Documents
Wills and Succession
Wills and Succession
2
SUCCESSION
3
QUESTION:
Which of the following is not a
mode of acquisition of ownership?
a. prescription
b. donation
c. accession
d. law
4
WHAT ARE THE MODES OF
ACQUISITION OF OWNERSHIP?
DONATION
PRESCRIPTION
INTELLECTUAL CREATION
SUCCESSION
TRADITION
OCCUPATION
LAW (Art. 712, CC)
5
QUESTION:
What is meant by “law” as a mode of
acquiring ownership?
6
ANSWER:
When the Civil code speaks of “law”
as a distinct mode of acquiring
ownership, it refers to those instances
where the law, independently of the
other modes of acquiring ownership,
AUTOMATICALLY and DIRECTLY
vests the ownership of the thing in a
certain individual once the prescribed
conditions are present or complied
with.
7
EXAMPLES:
9
WHY IS THERE A NEED TO DISTINGUISH
BETWEEN DONATION INTER
VIVOS AND DONATION MORTIS CAUSA?
11
TRANSFER OF OWNERSHIP
12
DEATH OF DONEE
13
REVOCABILITY OF DONATION
14
FORMALITIES
15
PROBLEM:
X donated in a public instrument a
parcel of land to Y, who accepted it
in the same document. It is there
declared that the donation shall take
effect immediately, with the donee
having the right to take possession
of the land and receive its fruits but
not to dispose of the land while X is
alive, as well as for ten years
following his death.
Moreover, X also reserved in the same
deed his right to sell the property
should he decide to dispose of it at any
time – a right which he did not exercise
at all.
After his death, X’s heirs brought an
action to recover the property, alleging
that the donation was void because it
did not comply with the formalities of a
will.
17
ANSWER:
Yes, the suit will prosper because the
donation did not comply with the
formalities of a will. In this instance,
the fact that the donor did not intend
to transfer ownership or possession
of the donated property to the donee
until the donor’s death, would result
in a donation mortis causa and in this
kind of disposition, the formalities of
a will should be complied with,
otherwise, the donation is void.
18
The donation mortis causa in this
case which is embodied only in a
public instrument without the
formalities of a will could not have
transferred ownership of the
disputed property to Y.
19
TRANSMISSION OF PROPERTY
RIGHTS AND OBLIGATIONS
20
PROBLEM:
21
ANSWER:
22
PROBLEM:
23
ANSWER:
24
DEATH OF THE DECEDENT
25
PRIOR TO A PERSON’S DEATH
The heirs merely have an
inchoate right to his property.
28
QUESTION:
29
ANSWER:
30
PRESUMED DEATH
ORDINARY ABSENCE
If the absentee disappears under
normal conditions, there being no
danger of death, he is presumed dead
for the opening of his succession at the
end of TEN YEARS.
34
ANSWER:
The person is presumed to have
died at the time of the
disappearance (or at the time of
the calamity, not at the end of
four years.
35
NOTE:
While succession really took place
four years before or on the day of
the disappearance, actual division
will only be at the end of four
years.
From the beginning of the four
years, the heir shall be considered
the owner and possessor of the
property, and not only from the
end thereof.
36
PROBLEM:
37
ANSWER:
No, because the presumption is
already established by law.
39
QUESTION:
40
FREAK SUCCESSION
43
Testamentary
Intestate
Mixed
44
TESTAMENTARY
45
LEGAL OR INTESTATE
46
MIXED
47
DIFFERENT KINDS OF HEIRS
48
COMPULSORY HEIRS
- primary compulsory heirs
- secondary compulsory heirs
VOLUNTARY HEIRS
INTESTATE HEIRS
49
DISTINCTIONS BETWEEN HEIRS
LEGATEES AND DEVISEES
50
DEVISEES/LEGATEES are always
called to succeed to individual
items of property.
51
DEVISEES/LEGATEES succeed by
particular title.
52
DEVISEES/LEGATEES are always
called to succeed by will.
53
QUESTION:
54
ANSWER:
GENERAL RULE
There is no difference in their
capacity, effect and solemnities.
EXCEPTION
Distinction is important in cases of:
PRETERITION
IMPERFECT DISINHERITANCE.
55
WHAT IS PRETERITION?
57
FIRST: There is a total omission
in the inheritance.
58
TOTAL OMISSION
IN THE INHERITANCE
60
NO PRETERITION even if a
compulsory heir is not given
anything in the will, but he had
already received a donation from
the testator.
REASON: A donation to a
compulsory heir is considered as
an advance of the legitime. (Art.
1073 CC)
61
NO PRETERITION if a compulsory
heir is given a legacy, even if less
than his legitime.
62
NO PRETERITION if part of the
estate has been given to a
compulsory heir, whether
indicated in the will or not.
63
OMITTED HEIR MUST BE A
COMPULSORY HEIR
THERE IS NO PRETERITION of
voluntary heirs or instituted heirs.
64
COMPULSORY HEIR OMITTED
MUST BE IN THE DIRECT LINE
THERE IS NO PRETERITION of a
surviving spouse.
66
FIRST EFFECT
INTESTACY RESULTS.
PROBLEM:
68
90,000
A B C F
Instituted Instituted Preterited Instituted
ANSWER:
70
PROBLEM:
T executed a will containing only
one provision whereby he
instituted his sister, S, as his only
heir.
Surviving T when he died were his
parents, F and M, and his sister, S.
71
M
T S
50,000 Instituted
72
ANSWER:
73
IMPORTANT:
In preterition, the preterited heir gets
his share not only of the legitime, but
also of the free portion.
74
SECOND EFFECT
76
T 100,000
A B F
Instituted Preterited Legatee
10,000
77
ANSWER:
The preterition of B renders the
institution of heirs void.
The legacy is effective for the
legitime has not been impaired.
Therefore, the remaining 90,000 will
be divided intestate as follows:
A = 45,000
B = 45,000
F = 10,000
78
PROBLEM:
79
ANSWER:
Since the estate is 100,000, the
free portion is only 50,000.
A = 25,000
B = 25,000
F = 50,000
80
PROBLEM:
In T’s will, he gave his friend, X, a
legacy of 60,000; instituted A and
another friend, Y, as heirs; and
deliberately omitted B.
81
T 100,000
A B X Y
Instituted Preterited Legatee Instituted
60,000
82
ANSWER:
84
QUESTION:
85
WHAT IS INEFFECTIVE
DISINHERITANCE?
87
ANSWER:
FIRST EFFECT: The institution of
heirs is annulled insofar as it may
prejudice the person disinherited, or
insofar as the legitime of said heir is
impaired.
SECOND EFFECT: The devises,
legacies and other testamentary
dispositions shall be valid to such
extent as it will not impair the
legitime.
88
PROBLEM:
Testator T has three legitimate
children: A, B, and C.
In his will, T disinherited A and
instituted B and C as his heirs. The
disinheritance of A was invalid
because it was for a cause not
provided by the law.
If the hereditary estate is 90,000,
how shall the distribution be made?
89
T 90,000
A B C
Ineffectively Instituted Instituted
Disinherited
90
ANSWER:
The institution of B and C remains
valid, but their shares are to be
reduced to give A his legitime.
A - 15,000
B - 37,500
C - 37,500
91
PROBLEM:
92
T
Y X
93
ANSWER:
94
QUESTION:
In his will, testator T (a) disinherits his
daughter, A, because “she married a
good for nothing gigolo despite my
repeated warnings that she shouldn’t
marry him” (b) omits his wife, W, (c)
leaves a legacy of 10,000 to his mistress,
M, and 5,000 to his driver, E, and (e)
institutes his son, B, as his sole heir.
Distribute T’s estate of 100,000.
95
T W
A B M E
96
ANSWER:
The disinheritance of A was ineffective
because the ground relied upon by T
does not constitute a valid ground for
disinheritance under Article 919 of the
Civil Code. Hence, the testamentary
provisions in the will shall be annulled
but only to the extent that A’s legitime
was impaired.
97
The total omission of W does not
constitute preterition because she is not
a compulsory heir in the direct line. Only
compulsory heirs in the direct line may
be the subject of preterition. Not having
been preterited, she is entitled to her
legitime.
A B M E
100
QUESTION:
If all other facts in the previous problem
are the same, except that the
disinheritance of A was for a valid cause,
how shall T’s estate be distributed?
ANSWER:
A 0
B 50,000 (legitime)
20,000 (by institution)
W 25,000 (legitime)
D 5,000 (legacy)
M 0
101
EFFECTS OF A VALID
DISINHERITANCE
Heir is deprived of his legitime.
Children of the disinherited child
can represent the latter, but the right
of representation extends only to
the legitime. (Art. 923, CC)
103
WHAT IS A WILL?
ANSWER:
105
INTRINSIC AMBIGUITY
111
ANSWER:
112
QUESTION:
Is T’s oral declaration extrinsic
evidence?
113
ANSWER:
114
QUESTION:
115
ANSWER:
B should inherit in view of the
written memorandum which is
admissible extrinsic evidence.
118
ANSWER:
Three only.
121
CAN THERE BE A VALID ORAL WILL?
126
5. The testator or the person
requested by him to write his
name and the instrumental
witnesses of the will shall
also sign and every page
thereof, except the last, on
the left margin.
128
TESTATOR IS DEAF OR DEAF-MUTE
129
TESTATOR IS BLIND
130
PROBLEM:
131
ANSWER:
132
QUESTION:
If a person is a beneficiary in a
will, is he competent to act as an
instrumental witness?
133
ANSWER:
134
MEANING OF “SIGNED IN
THE PRESENCE OF”
“SIGNED IN THE PRESENCE OF” does not
mean that the testator and the
instrumental witnesses actually saw each
other sign.
136
PURPOSE OF ATTESTATION
137
SUBSCRIPTION
138
DISTINCTIONS BETWEEN
ATTESTATION AND SUBSCRIPTION
ATTESTATION is mental.
SUBSCRIPTION is mechanical.
142
ANSWER:
Yes, the will as ORIGINALLY WRITTEN
may be probated. The insertions and
alterations were void since they were
not authenticated by the full signature
of T pursuant to Article 814 of the Civil
Code.
The original will remains valid
because a holographic will is not
invalidated by the unauthenticated
insertions or alterations. (Ajero v. Court
of Appeals, 236 SCRA 468)
143
PROBLEM:
T executed a will in his own handwriting,
signed by him at the end of each page on
the left marginal space of every page,
except the last page. The document bore
no date. However, below T’s every
signature, were the signature of two
witnesses, who later testified that the will
was executed in their presence on January
1, 1995, and that T was in full possession
of his faculties at that time and even
explained to them the details of the will he
was writing down.
Is the will formally valid?
144
ANSWER:
The will is not valid either as a
notarial will or a holographic will. It is
not valid as a notarial will because
this requires three witnesses. Neither
is it valid as a holographic will
because the will must be entirely
written, dated and signed by the
hand of the testator. The fact that the
witnesses testified as to the date of
execution of the will did not cure the
defect. Lacking the date, it cannot be
probated as a holographic will.
145
CONFLICTS RULES IN THE
EXECUTION OF WILLS
TESTATOR IS FILIPINO
148
JOINT WILL
149
IS A JOINT WILL VALID?
151
ANSWER:
152
QUESTION:
Manuel, a Filipino, and his American
wife, Eleanor, executed a Joint Will in
Boston, Massachusetts when they
were residing in said city. The law of
Massachusetts allows the execution
of joint wills. Shortly thereafter,
Eleanor died. Can the will be
probated in the Philippines for the
settlement of her estate?
ANSWER:
Yes, the will can be probated in the
Philippines insofar as the estate of
Eleanor is concerned. While the Civil
Code prohibits the execution of joint wills
here and broad, such prohibition applies
only to Filipinos. Hence, the joint will
which is valid where executed is valid in
the Philippines, but only with respect to
Eleanor. Under Article 819, it is void with
respect to Manuel whose joint will
remains void in the Philippines despite
being valid where executed.
SUBSTITUTION OF HEIRS
155
KINDS OF
SUBSTITUTION OF HEIRS
156
1. SIMPLE OR COMMON
Takes place when the testator
designates one or more persons to
substitute the heir or heirs instituted.
(Art. 859, CC)
2. BRIEF
Two or more persons are designated
by the testator to substitute for one
heir.
COMPENDIOUS
One person substitutes for two or
more heirs.
157
3. RECIPROCAL
158
4. FIDEICOMMISSARY
Takes place when the FIRST heir (fiduciary)
instituted is entrusted with the obligation
to preserve and to transmit to a SECOND
heir the whole or part of the inheritance.
161
FIRST REQUISITE
FIRST HEIR
• ownership is consolidated to
him upon its transmission.
• the second heir inherits not from
the first heir but from the testator.
• must be capacitated to
succeed not the first heir but
the testator.
165
FOURTH REQUISITE
ONE DEGREE APART
QUESTION:
166
ANSWER:
167
SECOND VIEW: “One degree”
means one generation. This means
that the substitute may be the
parent or child of the first heir;
thus, no other person can be the
fideicommissary.
168
FIFTH REQUISITE
BOTH HEIRS MUST BE ALIVE
169
SECOND HEIR PREDECEASES TESTATOR
170
PROBLEM:
T devised one-half of a parcel of land
to A, and the other half to B, subject
to the condition that upon B’s death,
whether before or after that of T, the
portion devised to him (B) shall be
delivered to A or his heirs should he
die before T.
171
ANSWER:
A fideicommissary substitution has no
effect unless it is made expressly. The
testamentary clause under consideration
is not a fideicommissary substitution.
172
PROBLEM:
173
In the settlement of A’s estate, E and F
filed a motion to exclude the house
and lot originating from T on the
ground that they are the exclusive
owners of the property.
C and D opposed the motion on the
ground that B, the second heir,
predeceased T, and that therefore, the
fideicommissary substitution did not
produce any effect as far as B, the
second heir, is concerned.
Should the opposition be sustained?
174
T died 1990.
(1st heir)
A + 2000
(2nd heir)
+ 1995 B C D
E F
HOUSE AND LOT
175
ANSWER:
177
QUESTION:
Under the law, the testator has no
right to impose any condition upon
the legitime, and that should he do
so, the same shall be considered
as not imposed.
178
ANSWER:
179
PROBLEM:
A, a bachelor, named his brother, B, as
heir if their sister, C, dies after ten years
following A’s death. B died two years
after A’s death, while C died one year
later. A’s estate is claimed by D and E,
B’s legitimate children, and by F, G and
H, C’s legitimate children.
If A’s estate is valued at 150,000, how
shall the distribution be made?
180
“If C dies after 10 years
following A’s death.”
A B C
150,000
D E F G H
181
ANSWER:
In a conditional institution, such as
what is involved in the problem, the
instituted heir (B) must survive not only
the testator but also the fulfilment of
the condition in the will. (Art. 1034, CC)
Since B did not survive the condition,
his institution is inoperative. Intestacy
results. A’s estate must therefore be
distributed to all nephews and nieces in
equal shares at 30,000 each.
182
IMPOSSIBLE AND
ILLEGAL CONDITIONS
EFFECT: Impossible or illegal
conditions are deemed not
imposed. (Art. 873, CC)
183
ABSOLUTE PROHIBITION TO
CONTRACT A FIRST MARRIAGE
Condition is void.
EXAMPLE:
187
ANSWER:
188
PROBLEM:
189
ANSWER:
Yes, but he must give a security to
guarantee he would not enter any
gambling casino for one whole year
upon T’s death.
The security is called “caucion
muciana.”
If he enters any casino during the
prohibited period, he should return
whatever he may have received,
together with its fruits and interest.
(Art. 879, CC)
190
WHAT IS MODAL INSTITUTION?
191
DISTINGUISH BETWEEN MODAL
AND CONDITIONAL INSTITUTION
193
PROBLEM:
T institutes his friend, F, as heir “on
condition that A marries B.”
Modal or conditional?
ANSWER:
This is a suspensive condition; the
inheritance is not demandable until
fulfilment of the condition.
194
PROBLEM:
T institutes his friend, F, as heir on
condition that “A does not smoke
for a period of one year.”
Conditional or modal?
ANSWER:
This is a negative condition;
inheritance is demandable right
away, provided security is given.
195
PROBLEM:
T’s will contains the following
testamentary provision: “I institute A
as heir. He will use the money for the
establishment of a medical school.”
Modal or conditional?
ANSWER:
This is a modal institution;
inheritance is demandable right away,
provided security is given.
196
INSTITUTION OF HEIRS
PRINCIPLE OF EQUALITY
199
PRINCIPLE OF INDIVIDUALITY
GENERAL RULE:
When the testator institutes some heirs
individually and others collectively as when
he says, “I designate as my heirs A and B,
and the children of C,” those collectively
designated shall be considered as
individually instituted.
EXCEPTION:
Unless it clearly appears that the
intention of the testator was otherwise.
(Art. 847, CC)
200
PRINCIPLE OF SIMULTANEITY
201
PROBLEM:
202
T 180,000
A B C+ M
Instituted Instituted Instituted
D E F
Instituted Instituted Instituted
203
ANSWER:
Apply Arts. 846 and 847, Civil Code.
205
DISTRIBUTION OF THE LEGITIME
206
STEP 2
207
DISTRIBUTION OF THE FREE PORTION
A = 15,000
B = 15,000
D = 15,000
E = 15,000
F = 15,000
M = 15,000
90,000
208
THEREFORE:
A = 30,000 as compulsory heir
15,000 as voluntary heir
B = 30,000 as compulsory heir
15,000 as voluntary heir
D = 10,000 by right of rep.
15,000 as voluntary heir
E = same as D
F = same as D
M = 15,000 as voluntary heir
209
QUESTION:
210
ANSWER:
REASON:
A voluntary heir cannot be represented.
211
SECOND PARAGRAPH OF ART. 856, CC
2. is incapacitated to succeed
212
QUESTION:
213
ANSWER:
214
REVOCATION OF WILLS
1. by implication of law
3. by an overt act
215
REVOCATION BY AN OVERT ACT
BURNING
Sufficient revocation even if small
part of the will is burned even
though the entire writing itself is left
untouched.
216
PROBLEM:
217
ANSWER:
218
NOTE:
219
OVERT ACT OF TEARING
220
PROBLEM:
221
ANSWER:
No revocation.
It is not one of the modes recognized
by law.
NOTE: Tearing of signature is
sufficient revocation because the
signature goes to the very heart of the
will.
222
QUESTION:
223
ANSWER:
ESTATE 300,000
233
SECOND VIEW
234
Consequently, F is entitled to the ricefield
but only to the extent that it does not
encroach upon the legitime of T’s son and
widow.
ESTATE 300,000
SON 150,000
WIDOW 75,000
FP 75,000
236
Stated otherwise, the revocation is
subject to a SUSPENSIVE CONDITION:
237
PROBATE OF WILLS
Gross Estate
- Debts/Charges
+ Collationable Donations
= Net Hereditary Estate
PROBLEM:
T died leaving an estate worth
100,000 and debts amounting to
30,000.
During his lifetime, T had given a
donation of P50,000 to A, his
legitimate son. When T died, two
legitimate sons, A and B, survived
him.
How much is the legitime of A and B?
240
T 100,000 (debts: 30,000)
A B
DONATION
50,000
241
COMPUTATION:
242
ANSWER:
Since the net hereditary estate is
120,000, the legitime of the legitimate
children is 60,000.
Since there are two children, each will
receive 30,000 as his legitime.
The legitime of A is only 30,000. The
50,000 donation to him should first be
charged to the legitime.
243
The excess of 20,000 (50,000 minus
30,000) should be taken from the free
portion which is 60,000.
244
QUESTION:
Should donations inter vivos to
children be collated?
YES.
245
EXPLANATIONS:
Donations to strangers are
collationable because they are
considered as advances on the free
disposal, just as donations inter
vivos to children are considered as
advances on their legitimes.
Besides, how can the free portion
be determined or computed unless
the value of said donations be
added to the actual estate?
246
Paragraph 2 of Article 909 of the Civil
Code is clear:
247
PROBLEM:
250
PURPOSE OF LEGITIME
251
COMPULSORY HEIRS
252
LEGITIMATE TESTATOR
255
SECONDARY COMPULSORY HEIRS
256
PROBLEM:
T is the testator; F and M are his
parents; A is T’s legitimate child; B
and C are T’s illegitimate children; S
is T’s surviving spouse; and W is the
wife of A.
257
F M
T S
W A B C
258
ANSWER:
A, B, C and S are all entitled to their
legitimes even if all of them are
present.
F and M are entitled to their
legitimes only in default of a
legitimate child such as A.
If only F and A are present, A is
entitled to his legitime, but not F.
W, A’s wife is not a compulsory heir
of T but is a compulsory heir of A.
259
TABLE OF LEGITIMES
260
LEGITIMATE CHILDREN
1/2 of the estate, in equal portions,
whether they survive alone or with
concurring compulsory heirs.
261
SURVIVING SPOUSE ALONE
1/2 of the estate.
1/3 if marriage is in articulo mortis
and deceased spouse dies within
three months after marriage.
1/2 if despite marriage in articulo
mortis, deceased and surviving
spouse have been living as husband
and wife for more than five years (Art.
900, CC)
262
ILLEGITIMATE CHILDREN ALONE
1/2 of the estate, to be divided equally
among themselves.
263
ONE LEGITIMATE CHILD
SURVIVING SPOUSE
264
LEGITIMATE CHILDREN
SURVIVING SPOUSE
265
LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN
266
ONE LEGITIMATE CHILD
SURVIVING SPOUSE
ILLEGITIMATE CHILDREN
267
LEGITIMATE CHILDREN
SURVIVING SPOUSE
ILLEGITIMATE CHILDREN
268
LEGITIMATE PARENTS
ILLEGITIMATE CHILDREN
269
LEGITIMATE PARENTS
SURVIVING SPOUSE
270
LEGITIMATE PARENTS
SURVIVING SPOUSE
271
ILLEGITIMATE CHILDREN
SURVIVING SPOUSE
272
ILLEGITIMATE PARENTS
CHILDREN OF ANY CLASS
273
ILLEGITIMATE PARENTS
SURVIVING SPOUSE
274
PROBLEM:
275
100,000 T W
276
ANSWER:
A 50,000
W 25,000
FP 25,000
277
PROBLEM
278
100,000 T W
A B C D
279
ANSWER
A 12,500
B 12,500
C 12,500
D 12,500
W 12,500
FP 37,500
TOTAL 100,000
280
PROBLEM
281
200,000 T
A B C D
282
ANSWER
A 50,000
B 50,000
C 25,000
D 25,000
FP 50,000
TOTAL 200,000
283
PROBLEM
284
200,000 T
A B C D E F
285
ANSWER
A 50,000
B 50,000
C 25,000
D 25,000
E 25,000
F 25,000
FP 0_____
TOTAL 200,000
286
PROBLEM
T is survived by his wife, W, his
legitimate child, A, and his
illegitimate child, B. Net value of
the estate is 100,000. What is the
legitime of each survivor?
287
100,000 T W
A B
288
ANSWER
A 50,000
W 25,000
B 25,000
FP 0
289
PROBLEM
290
100,000 T W
A B C
291
ANSWER
A 50,000
W 25,000
B 12,500
C 12,500
FP 0
292
PROBLEM:
T has three legitimate children; A, B,
and C; a wife, W; a father, F; and two
illegitimate children, D and E. A is a
“special child,” and T wants to leave
to him as much of his estate as he can
legally do under the law.
120,000 T W
A B C D E
294
ANSWER
F 0
A 20,000
B 20,000
C 20,000
W 20,000
D 10,000
E 10,000
FP 20,000
TOTAL 120,000
295
DIVISION IN THE
ASCENDING LINE
296
A B C D
F M
T
100,000
297
EXPLANATION:
298
If M predeceased T, F gets 50,000
as legitime. The remaining 50,000
is the free portion. C and D cannot
represent M, because there is no
right of representation in the
ascending line.
299
If F and M predeceased T, and the
others are still alive, the paternal
line gets half of the legitime and the
maternal line gets the other half.
The paternal line gets 25,000 and
this should be divided equally
between A and B.
300
PROBLEM:
301
F M
T W
100,000
302
ANSWER
F 25,000
M 25,000
W 25,000
FP 25,000
303
QUESTION
304
F M
100,000 T
A B
305
ANSWER
F 25,000
M 25,000
A 12,500
B 12,500
FP 25,000
306
PROBLEM:
307
F M
72,000 T W
A B
308
ANSWER
F 18,000
M 18,000
W 9,000
A 9,000
B 9,000
FP 9,000
309
PROBLEM
310
90,000 T W
A B
311
ANSWER
W 30,000
A 15,000
B 15,000
FP 30,000
312
PROBLEM
T, an illegitimate person, is
survived by his parents by nature, F
and M, and his widow, W. The net
estate is 100,000. What is the
legitime of the survivors?
313
F M
100,000 T W
Illegitimate
314
ANSWER
F 12,500
M 12,500
W 25,000
FP 50,000
315
PROBLEM
T, an illegitimate person, is
survived by his parents by nature,
F and M, and his illegitimate
children, A and B. The net estate is
100,000. What is the legitime of the
survivors?
316
F M
100,000 T Illegitimate
A B
317
ANSWER
F 0
M 0
A 25,000
B 25,000
FP 50,000
318
RESERVA TRONCAL
• A system of reservation of property by
virtue of which an ascendant inherits from
his descendant property, which property the
descendant in turn had acquired by
gratuitous title from another ascendant, or
brother or sister.
• ascendant is obliged to reserve such
property for the benefit of relatives who are
within the third degree and who belong to
the line from which said property came (Art.
891, CC)
RESERVA TRONCAL is an
extraordinary reservation of property
because it constitutes an exception
both to the system of legitime and
the order of intestate succession.
320
QUESTION
321
ANSWER
322
PERSONAL ELEMENTS OF
RESERVA TRONCAL
323
RESERVISTA: The ascendant of the
propositus who is obliged to reserve the
property.
324
RESERVATARIOS
ORIGIN RESERVISTA
GRATUITOUS OPERATION
TITLE OF LAW
PROPOSITUS
325
ELEMENTS OF RESERVA TRONCAL
327
EXAMPLE:
328
The land is subject to reserva troncal.
329
FIRST ELEMENT: ORIGIN
332
• If at reservista’s death, there should
still exist relatives within the third
degree of the propositus, and
belonging to the line from which the
property came, his ownership is
terminated.
• the property is not part any more of
his estate. Instead, ownership is
transferred to the third degree
relatives of the propositus.
333
QUESTION
Can the reservista sell, mortgage,
dispose or otherwise encumber the
property?
334
ANSWER
335
FOURTH ELEMENT: RESERVATARIOS
337
A B C D
+ H W +
100,000
CHILD +
5 hrs. after birth
338
ANSWER:
If the child had an intra-uterine life of
not less than seven months, it inherited
from the father. Consequently, the
estate of 100,000 shall be divided
equally between the child and his
mother as legal heirs. Upon the death
of the child, its share of 50,000 goes by
operation of law to the mother, W,
which is subject to reserva troncal.
339
A B C D
100,000
H W
50,000
50,000
operation
CHILD operation
of law
of law
340
Under Article 891 of the Civil Code,
the reserva is in favor of relatives
belonging to the paternal line and
who are within three degrees from
the child. The parents of H (A and B)
are entitled to the reserved portion
which is 50,000 as they are two
degrees related from the child. The
50,000 inherited by W from H will go
to her parents, C and D, as her legal
heirs.
341
However, if the child had an intra-
uterine life of less than seven
months, half of the estate of H, or
50,000, will be inherited by W, the
widow, while the other half, or 50,000,
will be inherited by the parents of H.
Upon the death of W, her estate of
50,000 will be inherited by her own
parents, C and D.
342
PROBLEM:
Before his death in 1990, A donated to
his grandson, F, a child of his
predeceased son D, a house and lot
worth 600,000.
344
A B
C D E G
DONATION
F WILL
345
ANSWER:
346
B is not entitled to the reservable
portion of the property.
Although a relative of the propositus in
the second degree, B is merely related
by affinity to the ascendant (A) from
whom the property came. She does
not, therefore, belong to the “line from
which the property came.”
A reservatario must not only be related
by consanguinity to the propositus
within the third degree, but he must
also be related by consanguinity to the
ascendant from whom the property
came.
347
C is entitled to the reservable portion of
the property since he is not only a third
degree relative by consanguinity of the
propositus, but he also belongs to the
line from which the property came.
348
PROBLEM:
351
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
352
ANSWER:
B alone is entitled to the property.
353
THIRD, descendant (Y) died without any
legitimate issue who can inherit from him.
In order to determine who can qualify as a
reservatario, two tests should be applied:
+ + +
E D F
+ +
X DONATION
Y INTESTATE
355
Neither can C qualify
because he does not
belong to the line from
which the property came.
He is not related by
consanguinity to X.
356
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
357
Only B can qualify. He is not only a
relative of Y within the third degree;
he also belongs to the line from
which the reservable property came.
358
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
359
THIRD DEGREE RELATIVES
OF PROPOSITUS
360
QUESTION
361
ANSWER
The rules of intestate succession shall
apply.
362
• If some claimants are in the direct
ascending line and others are in the
collateral line, the principle of
preference between lines shall apply.
• Relatives of the propositus in the
direct ascending line shall exclude
his relatives in the collateral line.
365
• If all the claimants are brothers and
sisters of the propositus and some
of them are of the full-blood and
others are of the half-blood, the
principle of double share for full
blood collaterals shall apply.
366
PROBLEM:
Among the properties in the estate of D,
who died intestate and without issue, were
a farm, which came from his father, B, and a
house, which he acquired from A, B’s
father. In the partition of D’s inheritance,
the house was allotted to B and the farm to
C, D’s mother. Upon the death of B and C,
who were simultaneously killed in a car
accident, the farm was claimed by A and E,
a child of B and C born after D’s death,
while the house was claimed also by A and
E and F, the latter being C’s child by a prior
marriage.
Who owns the farm and house?
367
A
E
HOUSE HOUSE
B + C +
FARM
D + A
E F
FARM
368
ANSWER:
HOUSE: This property was acquired by D
from his grandfather, A, and was transmitted
by D to B, his father. There is no reserva
troncal because there is no change of line.
Hence, E alone is entitled to inherit the house.
371
INTESTATE SUCCESSION
372
QUESTION
373
ANSWER:
INTESTATE SUCCESSION is
succession prescribed by law which
takes place when the expressed will
of the decedent has not been set
down in a will.
374
BASIC PRINCIPLES OF
INTESTATE SUCCESSION
375
CONCURRENCE
378
ANSWER:
A shall succeed to P’s estate. Both A and B
are collateral relatives of the decedent, P,
therefore, the rule of proximity is
applicable. Relatives nearest in degree
exclude the more remote ones. A is a
second degree relative of P, while C is a
third degree relative.
382
PROPRIETY OF REPRESENTATION
383
SCOPE OF REPRESENTATION
385
T 90,000
+ A B C
D
386
ANSWER
D gets 15,000 which is A’s legitime.
387
GRANDCHILDREN
EXCEPTIONS:
A B C
D E F G H
45,000 22,500 22,500 0 0 390
NOTE:
Whenever there is succession by
representation, the division of the
estate shall be made per stirpes.
391
QUESTION
392
ANSWER
• by representation
• one’s own right.
393
TESTATE
T 90,000
+ A B C
Instituted Instituted
15,000 15,000
+ 22,500 + 22,500
D
15,000 394
INTESTATE
P 60,000
+ A B C
20,000 20,000
D
20,000
395
TESTATE
T 90,000
+ A B C
Instituted Instituted
22,500 22,500
+ 22,500 + 22,500
D
0 396
INTESTATE
P 90,000
+ A B C
45,000 45,000
D
0 397
TESTATE
T 100,000
+ A B C
Instituted Instituted
25,000 25,000
+18,750 + 18,750
D
12,500 398
INTESTATE
P 100,000
+ A B C
40,000 40,000
D
20,000 399
SUCCESSIONAL RIGHTS OF
NEPHEWS AND NIECES
401
QUESTION
402
A B C +
90,000
X Y Z
45,000 22,500 22,500
403
A B + C +
90,000
X Y Z
30,000 30,000 30,000
404
A B + C +
90,000
X Y Z
0 45,000 45,000
405
THE IRON CURTAIN RULE
+ B C +
D E F G
Art. 992 Art. 902
407
PROBLEM:
P. the illegitimate son of F and M, died
intestate, without any descendant or
ascendant. His valuable estate is being
claimed by A, the legitimate son of F
from a previous marriage, and B, the
legitimate son of M from a previous
marriage.
408
+ +
F M
A P + B
409
ANSWER:
Neither A nor B is entitled to inherit ab
intestato from P. Both are legitimate
relatives of P’s parents and therefore
they fall under the prohibition prescribed
by Article 992 of the Civil Code. (Manuel v.
Ferrer, 242 SCRA 477)
410
PROBLEM:
411
A B
+
P C
D
412
ANSWER:
B cannot succeed because uncles
have no right to inherit from their
illegitimate nephews. D cannot
succeed either because legitimate
relatives have no right to inherit
from an illegitimate child and vice-
versa.
413
EFFECT OF REPUDIATION
415
A + 1995
1993 + B C
repudiated D E
F
416
INHERITANCE IN
EQUAL SHARES
EXCEPTIONS:
1. Division in the ascending line.
(Art. 987, par. 2, CC)
3. In cases of representation.
PROBLEM
A, B and C are the children of P;
while D and E are the children of
A; F is the child of B; G is the
child of C.
418
P 120,000
A B C
D E F G
419
ANSWER
420
P 120,000
A B C
D E F G
421
If only C repudiates, A and B will each
get 60,000.
D and E are excluded, because the
nearer excludes the farther. (Art. 962, CC)
G is also excluded because there is no
right of representation in case of
repudiation.
F is excluded by B. (Art. 977, CC)
422
If A, B and C all predeceased P, the 4
grandchildren will inherit by right of
representation, not in their own right.
Hence, D and E will each get 20,000;
F, 40,000; and G gets 40,000.
423
P 120,000
A B C
D E F G
424
ORDER OF INTESTATE
SUCCESSION
425
ESTATE OF A LEGITIMATE CHILD
427
ESTATE OF AN ILLEGITIMATE CHILD
428
4.Surviving spouse (Art. 994, CC), without
prejudice to the rights of illegitimate
brothers and sisters and nephews
and nieces who are children of
illegitimate brothers and sisters (by
inference from Art. 992)
5.State
429
COMBINATIONS OF
SURVIVAL AND
CONCURRENCE
OF INTESTATE HEIRS
430
1. LEGITIMATE CHILDREN ALONE
Entire estate to be divided in equal
shares as there are legitimate
children. (Art. 980, CC)
431
4. ILLEGITIMATE CHILDREN ALONE
Entire estate. (Art. 988, CC)
5. BSNN ALONE
Entire estate. (Art. 1003, CC)
8. STATE
Entire estate. (Art. 1011, CC)
433
9. ONE LEGITIMATE CHILD
SURVIVING SPOUSE
434
10. TWO OR MORE LEGITIMATE CHILDREN
SURVIVING SPOUSE
435
11. LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN
436
12. ONE LEGITIMATE CHILD
ILLEGITIMATE CHILDREN
SURVIVING SPOUSE
437
13. TWO OR MORE LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN
SURVIVING SPOUSE
438
14. LEGITIMATE PARENTS
ILLEGITIMATE CHILDREN
439
15. LEGITIMATE PARENTS
SURVIVING SPOUSE
440
16. LEGITIMATE PARENTS
ILLEGITIMATE CHILDREN
SURVIVING SPOUSE
441
17. ILLEGITIMATE CHILDREN
SURVIVING SPOUSE
442
18. ILLEGITIMATE PARENTS
CHILDREN OF ANY CLASS
443
19. ILLEGITIMATE PARENTS
SURVIVING SPOUSE
444
20. SURVIVING SPOUSE
BSNN
445
PROBLEM:
446
60,000
+ X Y
30,000
A
30,000
447
PROBLEM:
448
72,000
+ P W
18,000
A B C
36,000 9,000 9,000
449
ANSWER:
450
PROBLEM:
P died without a will. He is survived
by:
(1) A and B, his legitimate children.
(2) W, his widow; and
(3) C, D, E, his illegitimate children.
The net value of his estate is 60,000.
How shall the distribution be made?
451
60,000
+ P W
15,000
A B C D E
15,000 15,000 5,000 5,000 5,000
452
PROBLEM:
453
140,000
+ P W
A B C
454
ANSWER:
EXCLUSION THEORY
455
LEGITIMES:
A 35,000
B 35,000
W 35,000
C 17,500
BALANCE 17,500
456
Under the exclusion theory, the
balance of 17,500 is to be divided
equally between A and B, or 8,750
each.
A 43,750
B 43,750
W 35,000
C 17,500
TOTAL 140,000
457
CONCURRENCE THEORY
458
LEGITIMES:
A 35,000
B 35,000
W 35,000
C 17,500
BALANCE 17,500
459
A, B and W are entitled to 2/7 each of
17,500, or 5,000 each.
A 40,000
B 40,000
W 40,000
C 20,000
TOTAL 140,000
460
EXCLUSION OR CONCURRENCE?
Art. 983, CC: Legitimate and illegitimate inherit
in the proportion of 2:1.
461
PROBLEM:
In the previous problem, B (legitimate) and
C (illegitimate) predeceased P.
462
140,000
+ P W
A B + C +
D E F G
463
ANSWER:
D who is legitimate, can represent his
father B.
E cannot because of Art. 992 of the
Civil Code.
F and G can inherit by right of
representation. The barrier under Art.
992 does not exist.
Since F is legitimate and G is
illegitimate, the share which would have
passed to their father, C, they shall
inherit in the proportion of 2:1.
464
FINAL DISTRIBUTION:
466
F M
18,000 18,000
72,000 P W
18,000
A B C D
4,500 4,500 4,500 4,500
467
HAD P DIED WITH A WILL:
468
PROBLEM:
P died intestate survived by: (a) M, his
mother; (b) W, his widow; (c) A and B, his
legitimate children; (d) E, his grandson,
being the legitimate son of B; (e) F, his
other grandson, being the son of C who
was a legitimate son of P, and who
predeceased P; (f) G, his grandson, being
the son of D, a legitimate son who
repudiated the inheritance from P.
Distribute T’s net estate of 120,000.
469
M
+
P W
+
A B C D
E F G
470
ANSWER:
The legal heirs are A, B, F and W.
E is excluded by B who is still alive.
F represents C who predeceased P.
G is excluded because of the repudiation of D.
M is excluded by the legitimate children of P.
The answer may be premised on two theories:
THEORY OF EXCLUSION and THEORY OF
CONCURRENCE.
471
EXCLUSION
A 20,000 (own right)
B 20,000 (own right)
F 20,000 (representation)
W 20,000
FP 40,000
TOTAL 120,000
Under the Theory of Exclusion, the Free
Portion goes to the legitimate children, A
and B, and grandson F, at 13,333.33 each;
they are entitled to the free portion to the
exclusion of the other heirs because they
are first in the order of succession.
472
CONCURRENCE
In addition to their legitimes, the heirs A, B,
F and W will be given equal shares in the
free portion of 40,000.
473
PROBLEM:
P died without a will. He is survived by:
474
ESTATE: 240,000
W P A B C +
D E
20,000 20,000
475
PROBLEM:
476
ESTATE: 240,000
W P A B
X Y Z
477
PROBLEM:
+ D E F G H I
40,000 20,000 20,000 20,000 20,000
479
PROBLEM:
480
ESTATE: 120,000
A B + C +
D E + F + G + H + I
+
J K L
60,000 30,000 30,000
481
ANSWER:
483
(1) E, a brother of the full-blood
484
A B C
+ D E F G H + I +
J K +
ESTATE: 120,000 L
485
ANSWER:
E 48,000 own right
F 24,000 own right
G 24,000 own right
J 24,000 representing H
L 0
TOTAL 120,000
489
ACCRETION
Same inheritance, devise or legacy.
490
QUESTION:
491
TESTATE SUCCESSION
1. predecease
2. incapacity
3. repudiation
INTESTATE SUCCESSION
1. repudiation
2. incapacity
492
IMPORTANT
493
PROBLEM:
494
T 60,000
A B F
495
ANSWER:
The institution of A, B and F concerns only
the free disposal of 30,000. A and B are first
given their respective legitimes (15,000
each). The free disposal is then divided
equally among the three instituted heirs:
A 15,000 (CH)
10,000 (VH)
B 15,000 (CH)
10,000 (VH)
F 10,000 (VH)
496
QUESTION
497
ANSWER:
498
If F predeceases T, his share in the free
portion will go to A and B by accretion.
499
QUESTION:
500
ANSWER
501
PROBLEM
X died intestate. He is survived by: (1) A,
B, D and E, his legitimate children; (2) F
and G, legitimate children of C
(predeceased), a legitimate son of X; (3) H
and I, legitimate children of D; and (4) J
and K, legitimate children of E.
A B C D E
F G H I J K
503
ANSWER
504
DISTRIBUTION OF VACANT SHARES
507
ANSWER:
B and C will each get their inheritance.
509
P X + Y Z
A B C
510
ANSWER:
The 40,000 share of X who predeceased X
goes to his legitimate child, A, by
representation.
A 40,000 by representation
20,000 by accretion
B 20,000 by representation
10,000 by accretion
C 20,000 by representation
10,000 by accretion
512
PROBLEM:
Suppose Z is incapacitated?
513
PROBLEM:
T, an unmarried person and without any
children of any kind, instituted his
friends, A, B, C and D as his universal
heirs to his estate of 210,000.
T intended the distribution of his estate
as follows: A, ½ of the estate; B, 1/4; C,
1/8; and D, 1/8.
514
ESTATE: 120,000
T
REPUDIATED
A B C D
1/2 1/4 1/8 1/8
515
ANSWER:
516
A is to get it ½ of the estate, or 105,000.
B is to get 1/4 of the estate, or 52,500.
C is to get 1/8 of the estate, or 26,250.
D is to get 1/8 of the estate, or 26,250.
517
ANSWER:
D’S vacant share goes to the other heirs by
right of accretion.
518
FINAL DISTRIBUTION
519
CAPACITY TO INHERIT
520
QUESTION:
ANSWER:
521
PROBLEM:
522
ESTATE: 100,000
A B
523
ANSWER:
524
PROBLEM:
The beneficiary in a will is the wife of
the minister of the gospel who
rendered aid to the testator during
the latter’s last illness.
525
ANSWER:
She is qualified. The law extends the
disqualification of priests and ministers
of the gospel to their relatives within the
fourth degree as well as to the church,
order, chapter, community, organization
or institution to which they may belong.
The spouse is not included. (No. 2, Art.
1027, CC)
527