SUCCESSION

Succession is a mode of acquiring

properties, rights and obligation
to the extent of the value of the
inheritance thru transfer brought
about by the death of the
decedent.
 Decedent is a deceased person with property
transferred thru succession.
 Estate are the properties of the decedent subject
to transfer thru succession.
 Successor refers to heir or party to whom
properties are being transferred.
 Acceptance is the act of the successor receiving
properties transferred on his/her own free will.
 Voluntary heirs are those who inherit because of the will, and would not
inherit if not mentioned in the last will and testament.
Ex. Brothers, sisters, strangers

 Compulsory/involuntary/forced heirs are those whose legal

portion/legitime are reserved by the law.
• Primary are the first to receive the legal portion.
Ex. Legitimate children and their descendants, surviving legitimate
spouse (widow/widower), illegitimate children and their descendants
• Secondary are successors in the absence of the primary compulsory
heirs.
Ex. Legitimate parents/ascendants, Illegitimate parents
 Testamentary Succession follows the terms of the
will.

 Intestate Succession is undertaken thru the

operation of law.

 Mixed Succession is partly testamentary and

partly intestate.
 Succession is thru will, but must follow the legal form.
 A will may be holographic or non-holographic.
Holographic will is w/o formalities but is written by the
testator himself while non-holographic is prepared by a
lawyers.
 In testamentary succession, the legitime is reserved for the
compulsory heir.
 Free portion is the excess of the Gross Estate over the
Legitime. It can be freely given to anybody regardless of
relationship.
 Defective last will/testament does not render it void but
must be adjusted so that compulsory heirs shall receive
their legitime.
 Survivor Primary Compulsory Heir Secondary Compulsory
Heir
Legitimate Surviving Illegitimate Legitimate Illegitimate
children and spouse children parents parents
descendants
Legitimate children 1/2

Spouse only 1/2

Legitimate child and spouse 1/2 1/4

Legitimate child, spouse and 1/2 1/2 ½ of share

Illegitimate children of LC
Spouse and Illegitimate children 1/3 1/3

Illegitimate children only 1/2

Legitimate parents only 1/2

Legitimate parents and spouse 1/4 1/2

Legitimate parents, spouse and 1/8 1/4 1/2

Illegitimate children
Illegitimate parents only 1/2

Illegitimate parents and spouse 1/4 1/4

Spouse, siblings (no share) 1/2

A kind of succession of properties from
the decedent without the presence of a
will.
 decedent did not execute a will.
 decedent executed a will but is void.
 will has lost its validity.
 will did not mention the name of the
successor.
 SURVIVORS Distribution of Net Estate
Only one survivor All
Spouse and legitimate child Equally
Spouse and legitimate children Equally
Spouse and illegitimate children 1/2 and 1/2
Spouse and siblings 1/2 and 1/2
Spouse, illegitimate and legitimate parents 1/4, 1/4, 1/2
Spouse and illegitimate parents 1/2 and 1/2
A kind of succession that is partly
covered by will and partly legal or thru
operation of law.
Covered by Rules on Testamentary
Will Succession
Not covered Distributed in accordance with
intestate succession.
Refers to an act by which the owner of the
properties deprive the legal person of his/her right
to inherit. The causes for disinheritance should be
legal and authorized by law in order for the action
to take effect.
• child is found guilty on the attempt on the life of the
testator, testator’s spouse, descendants and ascendants.
• child accused the testator of crime involving moral
turpitude and the accusation is proven without valid
ground.
• child thru fraud, intimidation or violence forced the testator
to make a will or change one already made.
• child maltreated the testator by word or deed.
• child committed a dishonorable or disgraceful act.
• child convicted of crime with penalty of civil interdiction.
• child is guilty of adultery with the spouse of the testator.
• parent abandoned or induce the child to live an immoral life.
• parent is convicted of an act against the life of the testator.
• parent accused the testator of crime involving moral turpitude
and the accusation is proven groundless.
• parent thru fraud, intimidation or violence forced the testator to
make a will or change one already made.
• parent who made an attempt on the life of the testator unless
there is reconciliation.
• Parent who refused to support the children without justifiable
cause.
• parent convicted of crime with penalty of civil interdiction.
• parent is guilty of adultery with the spouse of the testator.