succession

inheritance is the property or right acquired; succession is the manner by virtu

e of which the property or right is acquired.
Administration means dealing with a deceased person's property according to law
succession means transferring to it beneficially
inheritance includes
1. property - this includes real or personal. the transferee will also own the a
ccessions to the property accruing thereto, from the moment of death to the time
of actual receipt, because ownership is transferred at the moment of death. RA
349 as amended by RA 1056 allowing under certain conditions the granting to cert
ain entities of a person's organs after death.
( before the perishable and other property f the estate of the deceased are sold
by the special administrator , it is clear that proceedings must first be taken
to segregate the alleged exclusive property of the surviving spouse. the issue
of the ownership of said properties should be decided first, and e conjugal prop
erties liquidated, or at least the surviving spouse should agree as to which pro
perties he or she does not mind to be sold. any sale done wihtout this requireme
nt should be considered prematur , and the court must therefore refuse to grant
permission. ANDERSON v. PERKINS)
2. rights not extinguished by death
a. some rights are extinguished by death ; some are not
b. examples of rights extinguished by death ( and which therefore are not part o
f the estate)
1. intransmissible personal rights because of their nature ( such as tho
se appearing to family rights , marital and parental authority , support, action
for legal separation , partnership, agency , lif annuity)
2. right to calim acknowledgement or recognition as a natural child
3. right to hold public or private office or job
these three are intransmissible mortis causa.
examples of rights not extiguished by death
1. right to bring or continue an action for forcible entry or unlawful detainer
2. right to compel the execution of document necessary for convenience, provided
that the contract is valid and enforceable under the Statue of Frauds.
3. Right to continue a lease contracteither as lessor or lessee, he should still
pay the rents as they fall due from time to time, even if the inheritance has
already disappeared- the obligation beig his and no longer the decendent's)
4. property right in an insurance policy ( the interest of the beneficiary in a
life insurance policy) by hereditary succession is a vested interest ( provided
the designation of the beneficiary i irrevocable) and as such is transmissible b
y hereditary succession , unless by the terms of the policy it is otherwise prov
ided)
Therefore, generally, the life insurance policy or he right to the indemnity bel
ongs to the beneficiary , transmissible to his own heirs and to the INSURED or t
he latter's own heirs.
3. obligations not extinguished by death ( to the extent of the value of the inh
eritance)
> A person has no obligation to pay the debt of his father ( Nacar vs. Nistal)