FINALS - WILLS

DISINHERITANCE (915- 923)

Requisites: valid will; expressly; legal, true, existing cause; total/complete; not conditional
(if the revocation of the disinheritance is conditional - valid)
Compulsory heir
How? Through a will; legal cause shall be specified
Burden of proving - other heirs
Annulment of institution of heirs - w/o specification, cause not proved; not one set forth in
the Code
Disinheritance of children and descendants : attempt, groundless accusation,
adultery/concubinage; FVIU, refusal to support, dishonorable/disgraceful life, civil
interdiction, maltreatment
Disinheritance of parents or ascendants: attempt, false accusation, adultery/concubinage.
FVIU, refusal to support, abandonment/inducement, loss parental authority; attempt by one
of the parents against the other
Disinheritance of spouse: attempt; false accusation; FVIU; loss of parental authority; legal
separation; refusal to support
Subsequent reconciliation
Right of representation of children
LEGACIES AND DEVISES (924- 959)
Within commerce of man
Duty of giving the legacies and devices - on the heir or legatee or devisee
SUB-LEGACY
When heirs are charged
Solidary liability of heir who take possession
Liability for eviction - generic
Grant of part interest
Error in ownership - VOID
Testator orders the acquisition - express or implied; Owner refuses/demands excessive price
- just value
Already belonged to recipient - ineffective; freed from interest or encumbrance
Alienation by legatee or devisee if already belonged to him at the time of execution of willwithout effect (except: subsequent acquisition by the testator)
Legatee or devisee acquire it by onerous title after execution- reimbursement; if
gratuitous- nothing (even if acquired from T)
If thing is pledged or mortgaged (to secure a recoverable debt) - estate is obliged to pay the
debt; other charges (easements; usufructs; leases)- passes to the L/D
Legacy of credit- by assigning all rights of action; remission of debt (condonation) acquittance (only those existing at the time of death) *remedies of mortgagee
Judicial action of the testator against debtor/ legacy of the thing pledged to the debtor (mere
extrajudicial demand is not sufficient)
Generic legacy of release or remission - only those existing at the time of execution of will

 Non-application of legacy to credit

Exception : if testator expressly declares otherwise - creditor right to collect excess
Application of solutio indebiti: testator orders payment -> error - not written; more than
what is owed - creditor will not get excess unless a contrary intention appears; fulfillment of
natural obligation
Alternative legacies or devisees (right to choose - once made, irrevocable; trasmissible)
Generic property- personal - VALID even if there be none; real - not valid if there be none of
its kind (void legacies - absence of quantity; an animal) right of choice - estate
Right of choice is expressly given to one by the testator
When choice is passed to recipients heirs (except, excutor/administrator) *may be
renounced/waived
Legacy for EDUCATION - until legatee is of age or beyond age; diligently
SUPPORT - lifetime - social standing, circumstances and the value (residue) of the
estate; or the same amount given by the testato during lifetime unless markedly
disproportionate
Pension - may petition the court
Usufruct - extinguishment: death, expiration of period; merger; renunciation; total loass;
termination; prescription
Right is transmitted at the moment of testators death (simple, conditional, resolutory,
suspensive)
If generic and alternative - when choice has been made; if owned by 3rd person - from
acquisition
Ownership - Specific-> upon death; includes growing fruits, unborn offspring; uncollected
income but not those due and unpaid before Ts death/ Risk of loss and Benefit of
Improvement - Grantee res perit domino
Generic gifts -> from acquisition; once choice has been made - entitled to fruits and
interest unless T expressly order that it be payable upon his death
Order of preference - see 911 (legitimes -> Donation intervivos -> L/D - 1. Preferential 2.
All others)
RPSESA - Apply this when reduction or conflict is exclusively among the legacies and
devises
Accessions and Accessories
Delivery of the very thing by the heir charged or the executor
Necessity of making request for delivery of the grantee
Partly gratuitous and partly onerous gifts - cannot accept and repudiate the other
Onerous and Gratuitous gifts - cannot renounce onerous and accept the other;
if both are onerous/gratuitous - both or either may accept or renounce; if T intended them to
be inseparable - either accept/renounce both
Compulsory heir may accept the legacy and refuse the legitime
Incapacity, repudiation, ineffective - L/D merged into the mass of the estate unless there is
substitution or accretion
ISRAI - bequest instead of institution
IMPLIED REVOCATION - transforms form and denomination; alienates except when
reacquired by right of repurchase or judicial demand or fraud; total lost
Mistake in Name of thing if still possible to identify

 Disposition in general terms in favor of relatives - rule of proximity only; within 5thdegree,
excluded relatives by affinity; no right of representation; (VDA DE SINGSON vs DE LEON
- to all who are entitled thereto refers to intestate heirs)
LEGAL OR INTESTATE SUCCESSION (960 Causes of Intestacy - 1. w/o a will; void will; subsequently lost validity; 2. No heir
instituted; partial disposition; 3. suspensive condition does not happen, predecease or
repudiation (no substitution or accretion); 4. Incapacity
Others: preterition; resollutory condition does not happen; term or period expires;
impossible of compliance or ineffective
Order of Intestate: legitimate relatives, illegitimate; surviving spouse, State
Rule of proximity - w/o prejudice to the right of representation; subordinated to the Rule
of Preference Between Lines
Rule of equal division - exceptions: bet/ paternal&maternal; full/half brothers/sisters; Right
of representation
RELATIONSHIP
Proximity of Relationship
Direct line - among ascendants or descendants; Collateral line - common ancestor
Descending and Ascending
Computation of degrees
Full Blood and Half Blood
ACCRETION - Incapacity or Repudiation
Effect of Repudiation - no right of representation
RIGHT OF REPRESENTATION
In case of predecease; incapacity; and disinheritance (by testamentary- only legitime)
Representative succeeds the one whom the person represented would have succeeded
Only in direct descending line (exception: in favor of the children of brothers and sisters*
(collateral and intestate only)
Capable of inheriting from the deceased
PER STIRPES Children of brother and sisters
Right of renouncer to represent
Renouncer cannot be represented
ORDER OF INTESTATE SUCCESSION
Descending Direct Line
Descendants are preferred
Legitimate Decedent -> LC/D; LP/A; IC/D; SS; BS/NN; oth.CR 5D; State
Illegitimate Decedent -> LC/D; IC/D; IP; SS; BS/NN; State
Legitimate, Legitimated and Adopted
Inheritance by Children (own right)

Inheritance by Children concurring with Grandchildren

Inheritance by Grandchildren
IC concurring with LC = 1/2:1
AdC - parents and relatives by consanguinity shall be legal heirs

Ascending Direct Line

In default of LC/D; to the exclusion of CR
F&M - shares equally
In default of F/M, ascendants nearest in degree
Maternal and Paternal - PER CAPITA
Illegitimate Children
In the absence of LD/A - entire estate
Right of representation
Transmission of hereditary rights
Survivors - LA & IC 1/2 1/2
BARRIER BETWEEN THE LEGITIMATE AND ILLEGITIMATE
IC w/o issue - F&M shall succeed
In default of F&M - SS shall succeed the entire; if concurrent with BSNN, 1/2;1/2
Surviving Spouse
In the absence of LD/A, IC/D - entire estate w/o prejudice to BSNN
SS& LC/D - SS equal to 1LC
SS w/ LP/A - 1/2 1/2
SS w/ IC - 1/2; 1/2
SS w/ LC/D & IC/D - SS equal to 1LC
SS, LA, IC - 1/4; 1/2; 1/4
SS w/ BSNN 1/2; 1/2
No right if given cause for legal separation
Collateral Relatives
No D/A, IC or SS - inherit entire
Only BS full blood - equal shares
BSNN - per capita; per stirpes
Full and Half - 1:1/2
Half blood only - equal shares
Children of HB - per capita or perstirpes
NO BSNN -> other CR w/o distinction of lines or preference
Up to 5th degree
The State
After payment of debts and charges ->
Personal - to the MUNICIPALITY or CITY where the deceased last resided in the PH

*if never resided in PH - where the same is located

Real - to the MUNICIPALITY or CITY in which the same is situated
Benefit - public schools and public charitable institutions
Court shall distribute
Permanent trust - only income shall be used
Claim - 5yrs from the date the property was delivered to the State
If sold- municipality or city shall be accountable
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS
RIGHT OF ACCRETION
Added or incorporated
1. 2 or more persons called to the same inheritance or same portion; 2. Predecease,
incapacity or renunciation
half for each in equal share - no exclusivity; money - if shares not earmarked
Repudiation - always accrue
Proportional
Accretion of all rights and obligations (except contrary provision in the will)
Compulsory heirs - only the free portion (if repudiated is the legitime -> shall succeed in
their own right)
Vacancy in testamentary: no accretion-> no substitute -> legal heirs (apply ISRAI)
Applicable to Devisees, legatees and usufructuaries - same rules for heirs
CAPACITY TO SUCCEED BY WILL OR INTESTACY
Not incapacitated by law
Absolute Relative - possible of undue influence, public policy and morality; unworthiness
Living at the moment the succession opens except in case of representation
Child already conceived
Testamentary disposition in favor of entities - juridical or associations for religious,
scientific, cultural, educ, or charitable
Testamentary -Incapacity because of possible undue influence - priest/minister and relatives
w/in 4thD & church or chapter; guardian; attesting witness; physician, surgeons etc; ind.
Assoc and corp not permitted by law
Testamentary - Inacapacity by reason of morality - guilty of adultery/concubinage; guilty of
the same criminal offense; public officer
Dispositions for prayers and pious works - in general terms; not specify application
The executor, w/ courts approval - 1/2 to church or denomination and 1/2 to the State
Disposition in favor of the poor - general terms; those living in the domicile of the T at the
time of death*
Designation and distribution - by person appointed -> by executor -> by justice of the
peace, the mayor and the municipal treasurer w/ RTC approval
Disposition in favor of a disqualified person (made through intermediary or onerous
contract) - VOID
Incapacity by reason of unworthiness - abandonment/inducement; attempt against the life;

groundless accusation; failure to report violent death w/in 1mo; adultery/concubinage;

FVIU; supplants, conceals or alters; falsifies/forges
W/o effect - knowledge at the time T made the will or if subsequent, condone it in
writing
Capacity at the time of Ts death
Incapacitated compulsory heir can be represented - legitime; the incapacitated shall not
enjoy usufruct and administration
Acts of admin and alienation by the excluded heir - valid before judicial order of exclusion;
3rd person in GF; co-heirs right to recover damages
Indemnity to be reimbursed by the unworthy heir - expenses for preservation and to collect
credit
Incapacitated heir who disregards prohibition and entered into possession - obliged to return
w/ accessions, fruits and rents
Capacity governed by law of the nation
Action for declaration of incapacity and to recover inheritance - 5yrs from the time the
disqualified person took possession

ACCEPTANCE AND REPUDIATION

Purely voluntary and free
Retroact to the moment of death of decedent
Certainty as to death and right to the inheritance
Who? Person having free disposal
if minors and incapacitated - by parents or guardians (if repudiation, needs judicial
authorization); If to the poor - the person designated
If entities - lawful representatives may accept; repudiate w/ court approval
Public official may accept/repudiate only with court approval
Repudiation by married woman w/o consent of husband
Deaf-mutes - by guardians; repudiation w/ court approval; those who can read &write - may
accept/repudiate personally or by agent
Express (in a public/private doc) or implied acceptance (by acts)
Implied acceptance - acts of ownership; renounces by selecting the beneficiary; renounces
for a price
Repudiation - in a public/authentic instrument; by petition the court
Repudiation to the prejudice of the creditor - creditor may petition, in the name of the heir
Right to accept/repudiate is transmitted to Heirs of the heir
Several heirs
By will and ab intestato: Repudiation as a testamentary heir (both); Repudiation as Intestate
heir w/o knowledge of being a testamentary heir may still accept inheritance in the latters
capacity
Irrevocable except vitiated consent or unknown will appears
When? W/in 30days after the court issued an order for the distribution of the estate
If not, deemed accepted
EXECUTORS AND ADMINISTRATORS

COLLATION - addition, imputation/charging/ restoration; donation or any other gratuitous

title
By compulsory heirs
When compulsory heirs will not collate - 1. If donor expressly provided or 2. Donee
repudiate inheritance unless inofficious
Property left by will not deemed subject to collation*
By grandchildren who inherits by right of representation
Donations to grandchildren - parents not obliged to bring to collation
Donations to spouse of child - not subject to collation; if jointly - 1/2 shall bring to collation
Expenses for SEMACO - not subject to collation (educ up to high school)
Expenses for a Career Debts, election expenses, fines and similar expenses - collation
Wedding gifs - exceed 1/10 of the disposable by will
Value at the time of the donation
Donation by parents - 1/2 to M; 1/2 to F
Equality in kind, nature, class and quality
Immovable - equivalent in cash or securities; if none - other property shall be sold at public
auction; Movable - right to select an equivalent of other personal property
Fruits and interest - pertain to the estate from the day on w/c succession opens
Reimbursement - necessary expenses, and for improvements that increase the value of
property existed at the time of partition but not those for mere pleasure
Questions arising from collation - not interrupted unless adequate security is given
PARTITION AND DISTRIBUTON OF THE ESTATE
PARTITION
Co-heirship before partition
Separation, division, assignment
By the testator - In a will or by an act inter vivos, must not prejudice legitimes
Mere power to make the partition; mandatary shall not be co-heir
When partition is effected - sale, exchange, compromise etc
When partition can be demanded - anytime *expressly prohibited by T w/c shall not exceed
20yrs **causes w/c partnershp is dissolved takes place or court finds compelling reason
Voluntary heirs demand partition- if pure - anytime; if conditional - until condition is
fulfilled; if together- pure heirs may demand by giving sufficient security to safeguards the
rights of conditional heirs
Equality in the partition
Indivisible object - may be adjudicated to one provided he pay the others
Reimbursement by co-heirs - income and fruits; useful and necessary expenses and
damages thru malice or neglect
Legal redemption by co-heirs - 2 or more heirs; one sell his hereditary rights; buyer must be
stranger; before partition; one co-heir demand redemption; demand w/in 1mo from
notification in writing; reimburse the price of the sale

 Delivery of titles
Order of preference - 1. Largest interest; if same interest - the oldest heir
EFFECTS OF PARTITION
Exclusive ownership
Reciprocal obligation of Warranty (title and quality)
Reciprocal and Proportionate - proprtionate liability; insolvency of one of the co-heirs;
reimbursement
Action to enforce warranty - 10yrs
Prescription - 10yrs form the date right of action accrues
Warranty for good debts - that debtor is solvent at the time of the partition; prescription is
5yrs; no warranty for bad debts, if known to and accepted
When warranty ceases - testator made the partition; expressly stipulate in the agreement;
subsequent to partition or fault of distributee
RESCISSION AND NULLITY OF PARTITION
Same causes as contracts
Lesion - atleast 1/4
By testator bec of lesion - legitime if prejudiced; intent of T
Precription - 4yrs
Option of suing heir - indemnification or consenting to new partition
Alienation by an heir who suffered lesion - no rescission but with right to be indemnified
Preterition of compulsory heir in the partition - no rescission *fraud, BF,
Intrusion of a stranger in the partition