SUCCESSION

Succession 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 (Art. 774.
Inheritance ! sub"ect matter of the succession# property, rights and obligations
Will ! an act whereby a person is permitted with the formalities prescribed by law to a certain degree the disposition of his estate
to ta$e effect after his death.
Test of available senses ! if the testator is blind, the witness must act within the range of his other senses.
Codicil ! a supplement or addition to a will% supplemental pleading
KINDS OF SUCCESSION:
1. Testaentar! & that which results from the designation of an heir, made in a will executed in the form prescribed by law.
". #e$al or Intestate & that which ta$es place by operation of law in the absence of a valid will.
%. &i'ed & that which is effected partly by will and partly by operation of law. '()S*+,(-).
KINDS OF (EI)S:
1. Co*+lsor! & those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law,
of which they cannot be deprived by the testator, except by a valid disinheritance
". ,ol+ntar! or Testaentar! & those who are instituted by the testator in his will, to succeed to the portion of the
inheritance of which the testator can freely dispose.
%. #e$al 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.
#e$al -ersonalit! of (eirs to .rin$ S+its
/ending the filing of administration proceedings, the heirs have legal personality to bring suit in behalf of the estate of the
decedent in accordance with the provision of Article 777 of the 0ivil 0ode. (+ioferio v. 0ourt of Appeals, 1.+. )o. 234556,
7anuary 28, 3554.
,he heirs have legal standing to prosecute the rights belonging to the deceased subsequent to the commencement of the
administration proceedings but pending the appointment of an administrator. And, even if there is an appointed administrator,
"urisprudence recogni9es two exceptions where the heirs can bring suit to protect the rights or interests of the estate# (2 if the
executor or administrator is unwilling or refuses to bring suit; and (2) when the administrator is alleged to have participated in
the act complained of and he is made a party defendant. (id..
Sellin$ the )i$hts/ Interest and -artici*ation b! the (eir -rior to Final 0d1+dication
An heir can sell his right, interest, or participation in the property under administration under Art. :88 of the 0ivil 0ode, which
provides that possession of hereditary property is deemed transmitted to the heir without interruption from the moment of death of
the decedent. ;owever, an heir can only alienate such portion of the estate that may be allotted to him in the division of the estate
by the probate or intestate court after final ad"udication, that is, after all debtors shall have been paid or the devisees or legatees
shall have been given their shares. ,his means that an heir may only sell his ideal or undivided share in the estate, not any specific
property therein. (Aggabao vs. +,0 of <ue9on, 1.+. )o. 24=55=, >ebruary 38, 3554.
(n this case, 7uliana and 7ose sold specific properties of the estate without court approval necessary for the validity of any
disposition of the decedent?s estate. Such sale is void and passes no title to the purchaser, and the same can be annulled by the
probate court, without need for a separate action to annul the unauthori9ed disposition (id..
DEFINITION OF WI##
(t is an act whereby a person is permitted with the formalities prescribed by law to control to a certain degree the disposition of his
estate to ta$e effect after his death. '()S*+,(-).
TEST0&ENT0)2 C0-0CIT2:
2. All persons who are not expressly prohibited by law@
3. 26 years old and above@
8. -f sound mind, at the time of its execution. '()S*+,(-).
KINDS OF WI##S:
2. Notarial & an ordinary or attested will. Articles 654A65=, and 657A656 in special cases
3. (olo$ra*hic & a handwritten will. Articles 654 and 625 '()S*+,(-).
C(0)0CTE)ISTICS OF SUCCESSION
2. Bode of acquisition.
3. ,he property, rights and obligations to the extent of the value of the inheritance transmitted.
8. ,he transmission ta$es place only by virtue of death.
4. ,he transmission ta$es place either by will or by operation of law.
:. ,he transmission to another.
Transission of S+ccessional )i$hts and its Effect
=3
Successional rights are transmitted from the moment of death of the decedent and compulsory heirs are called upon to succeed by
operation of law to the inheritance. As successors, who stepped into the shoes of their decedent upon his death, they can
commence any action originally pertaining to the decedent (Speed Cistributing 0orp. vs. 0A, 43: S0+A =42.
)e3+isites for Transission of )i$ht to S+ccession
2. Ceath of the decedent@
3. *xpress will of the testator calling succession and%or provision of law prescribing successors@
8. +ights or properties are transmissible@
4. ,ransferee is still alive (didn?t predecease@
:. ,ransferee is capacitated to inherit@ and
=. Acceptance of the inheritance by the successor.
Treatent of 0ccr+als +nder the #a4s of S+ccession
2. Article 748 refers to accruals after the ma$ing of the will
3. Article 762 refers to accruals after the death of the testator
8. Article 748 accruals don?t always pertain to the testate heirs
4. Article 762 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 ta$e effect after his death.
,0#IDIT2 OF WI##S
Extrinsic FO) FI#I-INOS FO) FO)EI5NE)S
2. 1overning law as to Article 74: & law in force when will
was executed
Same rule (assumption# will is being probated
here
3. 1overning law as to place Daw of citi9enship Daw of citi9enship
Daw of domicile Daw of domicile
Daw of residence Daw of residence
Daw of place of execution Daw of place of execution
/hilippine law /hilippine law
Intrinsic >-+ >(D(/()-S >-+ >-+*(1)*+S
2. 1overning law as to time Article 33=8 & law at time of death Article 2=, Article 2584 & depends on personal
law
3. 1overning law as to time Article 2=, Article 2584 & /hilippine
law
Article 2=, Article 2584 & national law
Testaentar! Ca*acit!
2. All persons not expressly prohibited by law.
3. 26 years old and above.
8. Sound mind
Coon )e3+ireents that 0**l! to the " Kinds of Wills
2. (n writing.
3. (n a language or dialect $nown to the testator.
)E6UISITES FO) ,0#ID NOT0)I0# WI##
2. (n writing@
3. *xecuted in a language or dialect $nown to the testator?
8. Subscribed by the testator himself or by the testator?s name written by some other person in his presence and under his
express direction at the end thereof, at the presence of witnesses@
4. Attested and subscribed by at least 8 credible witnesses in the presence of the testator and of one another@
:. *ach and every page must be signed by the testator or by the person requested by him to write is name, and by
instrumental witnesses in the presence of each other, on the left margin@
=. *ach and every page of the will must be numbered correlatively in letters placed on the upper part of each page@
7. Bust contain an attestation clause, stating the following#
a. ,he number of pages of the will@
b. >act that the testator signed the will and every page in the presence of witnesses, or caused some other person to
write his name under his express direction@ and
c. All witnesses signed the will and every page thereof in the presence of the testator and of one another.
6. Bust be ac$nowledged before a notary public.
0dditional )e3+isite if Deaf or &+te
Bust either#
2. +ead will personally, if able to do so@
3. -therwise, he shall designate (two 3 persons to read it and communicate to him the contents
0dditional )e3+isite if .lind
A will shall be read to him twice#
=8
2. -nce by one of the subscribing witnesses@ and
3. -nce by the notary public before whom it is ac$nowledged.
Donation &ortis Ca+sa: Characteristics and Co*liance 4ith 0rticle 789 and 78:
'i. (t conveys no title or ownership to the transferee before the death of the transferor@ or what amounts to the same thing, that the
transferor should retain the ownership (full or na$ed and control of the property while alive@
'ii. Eefore the transferor?s death, the transfer should be revocable by the transferor at will, ad nutum (without cause@ but
revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed@ and
'iii. ,he transfer should be void if the transferor should survive the transferee. (n the present case, the donations are mortis causa
as# they do not contain any clear provision that intends to pass proprietary rights to petitioners prior to the donor?s death.
,hat the donations were made Fin consideration of the love and affection of the donorG does not qualify the donations as inter
vivos because transfers mortis causa may also be made for the same reason. Conations mortis causa parta$e of the nature of
testamentary provisions and must be executed in accordance with the requisites on solemnities of wills and testaments under
Articles 65: and 65= of the 0ivil 0ode. (Baglasang vs. heirs of 0abatingan, 1.+. )o. 2824:8, : 7une 3553
)E6UISITES OF (O#O5)0-(IC WI##
2. (n writing.
3. *xecuted in a language or dialect $nown to the testator.
8. *ntirely written, dated and signed by the hand of the testator himself.
Effect of Cancellation/ 0ddition/ Insertion/ or Eras+re on the ,alidit! of the Will
2. (f made by the hand of the testator and authenticated by him & alters the will without affecting its validity
3. (f made by the hand of the testator but was not authenticated by him & deemed as if not written at all
8. (f made by testator but not handwritten & entire will is nullified
4. Ey a stranger and the testator has authenticated the same & entire will is nullified
:. Bade by a stranger but not authenticated by the testator & deemed as if not written at all
Effect of Insertion on the ,alidit! of a (olo$ra*hic Will:
1. If made after the execution of the will, but without the consent of the testator, such insertion is considered as not written
because the validity of the will cannot be defeated by the malice or caprice of a third person
2. If the insertion after the execution of the will was with the consent of the testator, the will remains valid but the insertion
is void
. If the insertion after the execution is validated by the testator by his signature thereon, then the insertion becomes part of
the will, and the entire will becomes void, because of failure to comply with the requirement that it must be wholly written by the
testator
!. If the insertion made by a third person is made contemporaneous to the execution of the will, then the will is void because
it is not written entirely by the testator. '()S*+,(-).
What is a codicil;
(t is a supplementary or addition to a will, made after the execution of the will and annexed to be ta$en as part by which any
disposition in the original will may be explained, added to or altered.
)E6UISITES FO) INCO)-O)0TION .2 )EFE)ENCE
2. ,he document or paper referred to in the will must be in existence at the time of the execution of the will
3. ,he will must clearly describe and identify the same, stating among other things the number of pages thereof
8. (t must be identified by clear and satisfactory proof as the document or paper referred to therein
4. (t must be signed by the testator and the witnesses on each and every page, except in case of voluminous boo$s of account
or inventories. '()S*+,(-).
6+alifications of a Witness and a Testator:
Witness Testator
2. At least 26 years old
3. /hysically fit (not deaf, dumb, blind
8. Diterate, able to read and write
4. )o prior conviction for per"ury%false
testimony%falsification
:. )ot the notary public before whom the will is
ac$nowledged
=. Sound mind
7. Comiciled in the /hilippines
2. Same
3. Bay be blind, deaf or deafAmute
8. )o literacy requirement
4. )o such requirement
:. )o such requirement
=. Same
7. )o such requirement
)E,OC0TION OF 0 WI##
2. Ey implication of law.
3. Ey the execution of a documentation with all the requisites of a will.
8. Ey the physical act of destruction coupled with the intent to revo$e.
-)O.0TE
(t is a special proceeding by which the validity of a will maybe established.
&atters to be -roved in a -robate
2. Hhether the instrument which is offered for probate is the last will and testament of the decedent.
=4
3. Hhether the will has been executed in accordance with the formalities prescribed by law.
8. Hhether the testator had testamentary capacity at the time of the execution of the will.
Effect of -robation of Will
Intil admitted to probate, a will has no effect whatever and no right can be claimed thereunder. +emedios anchors her right in
filing this suit on her being a devisee of 0atalina?s last will. ;owever, since the probate court has not admitted 0atalina?s last will,
+emedios has not acquired any right under the last will. +emedios is thus without any cause of action either to see$ reconveyance
of the lots or to enforce an implied trust over them. (Spouses /ascual v. 0A, 1.+. )o. 22:43:, August 2:, 3558, see Art. 686.
Sale b! the 0dinistrator 4itho+t Co+rt<s 0**roval: Effect
,he sale of the property of the estate by an administrator without the order of the probate court is void and passes no title to the
purchase and the unauthori9ed disposition of estate property can be annulled by the probate court, there being no need for a
separate action to annul the unauthori9ed disposition ( Dee vs. +,0 of <0, 438 S0+A 447.
5)OUNDS FO) DIS0##OW0NCE OF 0 WI##
2. ,he testator did not possess testamentary capacity at the time of execution.
3. ,he testator failed to comply with prescribed formalities.
8. ,he execution of the will is attended by a vice of consent.
INSTITUTION OF (EI)
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
)e3+isites for a ,alid Instit+tion of (eir
2. Cesignation in will of person%s to succeed.
3. Hill specifically assigns to such person an inchoate share in the estate.
8. ,he person so named has capacity to succeed.
4. ,he will is formally valid.
:. )o vice of consent is present.
=. )o preterition results from the effect of such will.
% -rinci*les in the Instit+tion of (eirs
2. *quality A ;eirs who are instructed without a designation of shares inherit in equal parts
3. (ndividuality A ;eirs collectively instituted are deemed individually named unless contrary intent is proven.
8. Simultaneity A Hhen several heirs are instituted, they are instituted simultaneously and not successively.
)+les )e$ardin$ a -erson<s )i$ht to Dis*ose of his Estate
2. (f one has no compulsory heirs#
a. ;e can give his estate to any person qualified to inherit under him.
b. ;owever, he must respect restrictions imposed by special laws.
3. (f one has compulsory heirs#
a. ;e can give only the disposable portion to strangers.
b. Degitimes of compulsory heirs must be respected.
-)ETE)ITION
2. ,here must be an omission of one, some or all of the heir%s in the will.
3. ,he omission must be that of a co*+lsor! heir.
8. 0ompulsory heir omitted must be of the direct line.
4. ,he omitted compulsory heir must be livin$ at the time of testator?s death or must at least have been conceived before the
testator?s death
Effects of -reterition
2. ,he institution of heirs is annulled.
3. Cevises and legacies shall remain valid as long as they aren?t officious.
DISIN(E)IT0NCE
(t is the act by which the testator, for "ust cause, deprives a compulsory heir of his right to the legitime.
-reterition and Disinheritance: Distin$+ished
Disinheritance -reterition
*xpress deprivation of legitime. ,acit deprivation of legitime.
Always voluntary. Bay also be voluntary but is presumed to be involuntary (as it?s an
omission to mention as an heir or though mentioned, is not instituted
as an heir.
Degal cause is present. /resumed by law to be a mere oversight.
*ven a compulsory heir may be totally excluded. 0ompulsory heir is merely restored to his legitime.
)e3+isites for a ,alid Disinheritance
2. ;eir disinherited must be designated by name or in such a manner as to leave no room for doubt as to who it is intended.
3. Cisinheritance must be for a cause designated by law.
8. (t must be made in valid will.
=:
4. (t must be made expressly, stating the cause in the will itself.
:. 0ause must be certain and true, and must be proved by interested heirs if the person disinherited should deny it.
=. (t must unconditional.
7. Bust be total.
S+ar! of Ca+ses of Disinheritance
5ro+nds for disinheritance Children=
Descendants
-arents%
ascendants
S*o+se Un4orthiness
2 1uilty%convicted of attempt against life of testator%
spouse% ascendant% descendant
J J J J
3 Accused testator% decedent of crime punishable by
imprisonment of more than = years, found groundless,
false
J J J J
8 0auses testator% decedent to ma$e will or change one by
fraud, violence, intimidation, or undue influence
J J J J
4 In"ustified refusal to support testator J J J
: 0onvicted of adultery or concubinage with spouse of
testator % decedent
J J J
= Baltreatment of testator by word and deed J
7 Deading a dishonorable or disgraceful life J
6 0onviction of crime which carries penalty of civil
interdiction
J
4 Abandonment of children or inducing children to live
corrupt and immoral life or attempted against virtue
J J
25 Doss of parental authority J J
22 Attempt by one parent against life of the other I)D*SS
there?s reconciliation between parents
J
23 Spouses given cause for legal separation J
28 >ailure to report violent death of decedent within 2
month, unless authorities have already ta$en action
J
24 >orce, violence, intimidation or undue influence to
prevent another from ma$ing a will or revo$ing one
already made or who supplants or alters the latter?s will
J
2: >alsifies or forges a supposed will of the decedent J
Ca+ses of ,acanc! in S+ccession
2. ,he testator creates it himself & disinheritance.
3. ,he heir does something & repudiates.
8. Something happens to the heir & incapacitated % predecease.
(o4 are ,acancies Filled
2. Substitution.
3. +epresentation.
8. Accretion.
Classes of S+bstit+tion
2. Singular or vulgar substitution.
a. Simple
b. Erief
c. 0ompendious
d. +eciprocal
3. >ideicommissary Substitution.
FIDEICO&&ISS0)2 SU.STITUTION
A substitution is a fideicommissary substitution if the testator institutes an heir with an obligation to deliver to another the property
so inherited. ,he heir instituted to such condition is called the first heir or fiduciary heir, the one to receive the property is the
fideicommissary or second heir.
)e3+isites of a Fideicoissar! S+bstit+tion
2. A 2
st
heir or fiduciary is first called to the en"oyment of the property so inherited.
3. A 3
nd
heir or fideicommissary substitute.
8. An obligation clearly imposed on the fiduciary to preserve and transmit the property to a fideicommissary substitute.
4. ,he substitution does not go beyond the 2
st
degree of the fiduciary.
:. ,he fideicommissary substitution is made expressly.
=. Eoth the fiduciary and the fideicommissary substitute are living or at least conceived at the time of the death of the
testator.
7. ,he fideicommissary substitution is imposed on the free portion of the estate and not on the legitime.
#E5ITI&E
(t 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. ,echnically, there is no legitime in legal succession@ it is applicable only in testamentary succession.
==
Classes Co*+lsor! (eirs
2. /rimary
a. Degitimate children and their descendants (legitimate
b. Surviving spouse (legitimate
c. (llegitimate children and their descendants (legitimate or illegitimate
3. Secondary
a. Degitimate parents and ascendants (legitimate & inherit only in default of 2a
b. (llegitimate parents (no other ascendants & inherit only in default of 2a and 2c
)eedies of Co*+lsor! (eir in Case of I*airent of #e$itie
2. (f the impairment is total them there may be preterition if the compulsory heir preterited is either an ascendant or
descendant. Article 6:4 would come into play (annulment of institution of heir and reduction of devises and legacies.
3. (f the impairment is partial, then the compulsory heirs is entitled to completion of legitime under Article 45=.
8. (f the impairment is thru donation, then remedy is collation.
)ESE),0 T)ONC0#
(t is that part of the decedent?s property that an ascendant, who inherits by operation of law from his descendants which the latter
may have acquired by gratuitous title from another ascendant or sibling, is obliged by law to reserve such property for the benefit
of 8
rd
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.
S+ar! of #e$ities of Co*+lsor! (eirs:
S+rvivin$
relatives
#e$itiate
children and
descendants
S+rvivin$ s*o+se Ille$itiate
children
#e$itiate
*arents and
ascendants
Ille$itiate
*arents
Degitimate children
alone
K (divided by the L
of children
2 legitimate child
surviving spouse
K M
Degitimate children
Surviving spouse
K (divided by no.
of children
Same as the share
of a legit child
Degitimate children
(llegitimate
children
K K of the share of a
legitimate child
2 legitimate child
surviving spouse
illegitimate
children
K M K of the share of a
legitimate child
3 or more
legitimate children
surviving spouse
(llegitimate
children
K (divided by no.
of children
Same as the share
of a legitimate
child
K of the share of a
legitimate child
Degitimate parents
alone
K
Degitimate parents
(llegitimate
children
M K
Degitimate parents
Surviving spouse
M
Degitimate parents
Surviving spouse
(llegitimate
children
2%6 M K
(llegitimate
children alone
K (divided by no.
of children
(llegitimate
children
Surviving spouse
2%8 2%8 (divided by no.
of children
Surviving spouse
alone
K or 2%8 if
marriage in
articulo mortis
(llegitimate parents
alone
K
(llegitimate parents
Surviving spouse
M M
=7
Order of -a!ent in Case Estate is Ins+fficient to Cover #e$acies and Devises
2. +emuneratory legacies or devises
3. /referential legacies or devises declared by testator
8. Degacies for Support
4. Degacies for *ducation
:. Degacies or devises for Specific, determinate thing
=. All others, proArata
Ca+ses for le$al or intestate s+ccession
2. /erson dies without a will.
3. /erson dies with void will.
8. /erson dies with a will that subsequently loses validity.
4. Hill does not institute an heir or institution is void.
:. Hill does not dispose of ADD property belonging to the testator.
=. Suspensive condition attached to the institution of the heir does not happen or is not fulfilled.
7. ;eir predeceases, or repudiates the inheritance
6. (ncapacity of the heir
" F+ndaentals Underl!in$ the -rinci*les in #e$al or Intestate S+ccession
2. +ule of /roximity & nearer exclude the more remote.
3. +ule of *qual Civision & equal division within the same group.
5ro+nds 4hen the )i$ht of )e*resentation 4ill be 0vailable
2. Cisinheritance
3. (ncapacity
8. /redecease
Who can e'ercise ri$ht of re*resentation
2. (ntestate succession only#
;eirs in the collateral line, but only in favor of the children of siblings.
3. Eoth testate and intestate succession#
;eirs in the descending line, )*N*+ in the ascending line
Order of S+ccession and Conc+rrence in Intestate S+ccession
Intestate (eir E'cl+des Excluded By Conc+rs With
Degitimate children and
Degitimate descendants
Ascendants, collaterals and
state
)o one Surviving spouse
(llegitimate children
(llegitimate children and
Cescendants
(llegitimate parents,
collaterals and state
)o one Surviving spouse
Degitimate children and
legitimate parents
Degitimate parents and
legitimate descendants
0ollaterals and state Degitimate children (llegitimate children and
surviving spouse
(llegitimate parents 0ollaterals and state Degitimate children and
illegitimate children
Surviving spouse
Surviving spouse 0ollaterals other than siblings,
nephews and nieces
)o one Degitimate children
(llegitimate children
Degitimate parents and
(llegitimate parents
Siblings, nephews nieces All other collaterals and state Degitimate children,
illegitimate children,
Degitimate parents and
illegitimate parents
Surviving spouse
-ther collaterals within :
th
degree
0ollateral remoter in degree
and state
Degitimate children
(llegitimate children
Degitimate parents
(llegitimate parents and
Surviving spouse
0ollaterals in the same degree
State )o one *veryone )o one
Order of Intestate S+ccession of a #e$itiate Child/ an Ille$itiate Child and an 0do*ted Child
#e$itiate Child Ille$itiate Child 0do*ted Child
Degitimate child and legitimate
descendants
legitimate child and legitimate
descendants
legitimate child and legitimate
descendants
Degitimate parents and legitimate
ascendants
illegitimate children and legitimate or
illegitimate descendants
illegitimate children and legitimate or
illegitimate descendants
(llegitimate children and left or
illegitimate descendants
illegitimate parents legitimate or illegitimate parents and
legitimate ascendants, adoptive parents
Surviving spouse surviving spouse surviving spouse
Degitimate siblings, nephews, nieces illegitimate siblings, nephews, nieces siblings, nephews, nieces
Degitimate collateral relatives State State
State
=6
SU&&0)2 OF INTEST0TE S(0)ES
1. #e$itiate children and le$itiate descendants alone
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate children K K 2
,-,AD K K 2
". One le$itiate child and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate child K K
Surviving spouse M M K
,-,AD O M 2
%. #e$itiate children and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate children K +emaining portion of estate
after paying
Hhole estate divided equally
between total number of
children plus the surviving
spouse
Surviving spouse Same as share of P legitimate
child
Degitimes to be divided
equally between total no. of
children plus the surviving
spouse
)o. of children plus the
surviving spouse
,-,AD Naries on no. of children Naries on no. of children 2
>. #e$itiate children and ille$itiate children
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate children M +emaining portion of estate
after paying
Hhole estate divided by the
ration of 3 for each legitimate
child
(llegitimate children K share of a legitimate child Degitimes to be divided by the
ration of 3 for a legitimate
child, 2 for a illegitimate child
2 for a illegitimate child
provided that legitimes
wouldn?t be impaired
,-,AD Naries on no. of children Naries on no. of children
9. One le$itiate child/ ille$itiate children/ and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate child K +emaining portion of estate
after paying legitimes to be
divided by the ration of 3 for a
legitimate child, 2 for a
illegitimate child
Hhole estate divided by the
ratio of 3 a legitimate child
(llegitimate child K share of a legitimate child 2 for a illegitimate child 2 for a illegitimate child
Surviving spouse M and 3 for the surviving spouse Degitimes wouldn?t be
impaired
,-,AD Naries depending on no. of
illegitimate children
Naries depending on no. of
illegitimate children
2
:. #e$itiate children/ ille$itiate children and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate children K +emaining portion of estate, if
any after paring legitimes to
be divided by the ratio of 3 for
P legitimate child
Hhole estate divided by the
ratio of 3 for P legitimate
child
(llegitimate children K share of P legit child 2 for P illegitimate child 2 for P illegitimate child
Surviving spouse M and 3 for the surviving spouse and 3 for the surviving spouse
provided that legitimes won?t
be impaired
,-,AD Naries depending on no. of
illegitimate children
Naries depending on no. of
illegitimate children
2
=4
?. #e$itiate *arents alone
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate parents K K 2
,-,AD K K 2
7. #e$itiate *arents and ille$itiate children
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate parents K K
(llegitimate children M M K
,-,AD O M 2
7. #e$itiate *arents and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Degitimate parents K K
Surviving spouse 2%6 2%6 M
,-,AD O M 2
@. #e$itiate *arents/ s+rvivin$ s*o+se and ille$itiate children
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
(llegitimate children 2%8 2%= K
Surviving spouse 2%6 2%6 M
(llegitimate children 2%4 M
,-,AD 7%6 2%6 2
18. Ille$itiate children alone
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
(llegitimate children alone K K 2
,-,AD K K 2
1". Ille$itiate children and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
(llegitimate children 2%8 2%= K
Surviving spouse 2%8 2%= K
,-,AD 3%8 2%8 2
1%. S+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Surviving spouse K or 2%8 K or 2%8 2
,-,AD K or 2%8 K or 2%8 2
1>. Ille$itiate *arents alone
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
(llegitimate children K K 2
19. Ille$itiate *arents and s+rvivin$ s*o+se
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
(llegitimate parents M M K
Surviving spouse M M K
,-,AD K K 2
1:. Siblin$s/ ne*he4s and nieces alone
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Siblings, nephews, nieces K K 2
,-,AD K K 2
1?. S+rvivin$ s*o+se/ siblin$s/ ne*he4s and niece
Intestate (eir Share 0s #e$itie Share as Free Dis*osal Total Intestate Share
Surviving spouse K K
Siblings, nephews, nieces K K
,-,AD K K 2
)e3+isites for 0ccretion to TaAe -lace
2. Inity of ob"ect
3. /lurality of heirs
8. Some of the heirs cannot or are disqualified to accept (+.(./
75
4. -thers are accepting and
:. ,here has been earmar$ing
Inca*acit! to S+cceed .eca+se of -ossible Und+e Infl+ence
2. /riest who heard confession during last illness and his relatives with thin the 4
th
degree and the order, chapter, etc., to
which the priest belongs.
3. 1uardian before final accounts have been approved *Q0*/, if an ascendant, descendant, sibling, spouse.
8. Attesting witness to execution of will and their spouses, parents, children or any one claiming under them.
4. /hysician, surgeon, nurse who too$ care of testator during his last illness.
:. (ndividuals, associations, corporations not permitted by law to inherit.
,alidit! and Effect of #e$ac!=Devise
,hing owned in part by testator
(Article 434
1eneral +ule# 0onveys only interest or part owned by testator
"xception# if testator otherwise provides &
a. ;e may convey more than what he owns A the state should try to acquire the part or
interest owned by other parties. (f other parties are unwilling to alienate, the estate should give
the legatee%devisee the monetary equivalent (analogy with Article 482
b. ;e may convey less than what he owns (Article 744
,hing owned by another
(Articles 485A482
1eneral +ule#
a. (f testator ordered acquisition of the thing A the order should be complied with. (f the
owner is unwilling to part with the thing, the legatee%devisee should be given the monetary
equivalent
b. (f testator erroneously believed that the thing belonged to him A legacy%device is void
"xception# if testator acquire the thing onerously or gratuitously after ma$ing of the disposition,
disposition is validated
c. (f testator $new that the thing did not belong to him but did not order its acquisition A code
is silent but disposition shld be considered valid (Ealane and ,olentino A there is an implied
order to acquire and doubts must be resolved in favor of intestacy
,hing already owned to the
legatee%devisee (Articles 483A
488
a. (f thing already belonged to legatee%devisee at time of execution of will & legacy%devise is
void
b. (f thing was owned by another person at time of ma$ing the will and thereafter it is
acquired by legatee%devisee &
2. (f testator erroneously believed that he owned the thing & legacy %devise is void
3. (f testator was not in error A
i. (f thing was acquired onerously by D%C & D%C entitled to be reimbursed
ii. (f thing was acquired gratuitously by D%C & nothing is due
iii. (f thing was owned by testator at time will was made and D%C acquired
the thing from him thereafter & law is silent (Ealane# deemed revo$ed
Degacy%Cevise to remove an
encumbrance over a thing
belonging to testator (Article
483 par 3
Nalid, if the encumbrance can be removed for a consideration
Degacy%Cevise of a thing
pledged or mortgaged (Article
484
,he encumbrance must be removed by paying the debt unless the testator intended otherwise
CO##0TION
,o collate is to bring bac$ or to return to the hereditary mass, in fact or by fiction, property which came from the estate of the
decedent, during his lifetime, but which the law considers as an adverse from the inheritance. (t is the act by virtue of which, the
persons who concur in the inheritance bring bac$ to the common hereditary mass the property which they have received from him,
so that a division may be effected according to law and the will of the testator.
I*ortant -eriods to )eeber
2 month or less before ma$ing a will ,estator, if publicly $nown to be insane, burden of proof is on
the one claiming validity of the will
35 years Baximum period testator can prohibit alienation of dispositions
: years from delivery to the State ,o claim property escheated to the State
2 month ,o report $nowledge of violent death of decedent lest he be
considered unworthy
: years from the time disqualified person too$ possession Action for declaration of incapacity and for recovery of the
inheritance, devise or legacy
85 days from issuance of order of distribution Bust signify acceptance%repudiation otherwise, deemed
accepted
2 month form written notice of sale +ight to repurchase hereditary rights sold to a stranger by a coA
heir
25 years ,o enforce warranty of title%quality of property ad"udicated to
72
coAheir from the time right of action accrues
: years from partition ,o 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
73