Order of Succession

Legitimate Line
1. Legitimate Children and Legitimate
Descendants
2. Legitimate Parents and Legitimate
Ascendants
3. Illegitimate Child and Illegitimate
Descendants
4. Surviving Spouse
5.Brothers and Sisters/Nephews and Nieces
6. Collateral Relatives of the 5th Degree
7. State

Illegitimate Line
1. Legitimate Children and Legitimate
Descendants
2. Illegitimate Children and Illegitimate
Descendants
3. Illegitimate Parent
4. Surviving Spouse
5. Brothers and Sisters/Nephews and Nieces
6. State

Testate Legitime
Concurring Compulsory
Heirs
Ill. Children
Surv. Spouse
Ill. Children
Surv. Spouse
Leg. Parents
Ill. Children
Leg. Parent
Surv. Spouse
Ill. Parents
Surv. Spouse
Ill. Child Alone
Leg. Parents Alone
Ill. Parents Alone
Surv. Spouse Alone (G.R.)
Exemption: Marriage in
Articulo Mortis, where
testator died within 3
months
Exemption to the
exemption: But lived as
husband and wife for a
period not less than 5
years
Leg. Child Alone
1 Leg. Child
Surv. Spouse
2 or More Leg. Children
Surv. Spouse

Share of Legitime

Free Portion

1/3
1/3
1/4
1/8
1/2
1/4
1/2
1/4
1/4
1/4
1/2
1/2
1/2
1/2

1/3

1/3

2/3

1/2

1/2

1/2
1/2
1/4
1/2
Same as Leg. Children

1/4

1/8
0
1/2
1/2
1/2
1/2
1/2

Depends

Leg Child
Illeg. Child

1/2
1/2 of each Leg. child
share

Intestate Legitime
Concurring Intestate Heirs

Legitime

Ill. Child
Surv. Spouse
Ill. Child
Surv. Spouse
Leg. Parents
Ill. Children
Leg. Parents
Leg. Parents
Surv. Spouse
Ill. Parents
Surv. Spouse
Brother & Sisters/ Nephews &
Nieces

1/2
1/2
1/4
1/4
1/2
1/2
1/2
1/2
1/2

Surv. Spouse Alone

Leg. Parent Alone
Ill. Parent Alone
Leg. Child Alone
1 Leg. Child
Surv. Spouse
2 or more Leg. Child
Surv. Spouse

All
All
All
All
1/2
1/2

Share in the Free

Portion

Exemptions to the rule that Legitime cannot be burdened

1. Article 1083. Testator allowed to set period wherein the property cannot be
partitioned for a period not more than 20 years
2. Article 1080 In the interest of his family, desires to keep any agricultural,
industrial or manufacturing enterprise intact- order to have such legitime
paid out in cash

3. Article 159, FC The family home shall continue for a period of 10 years or
for as long as there is a minor beneficiary and cannot be partitioned, unless
the court finds a compelling reason to.
4. Reserva Troncal

Revocation
Three ways to Revoke a
will
1. By Implication of law

Method
a. Art. 936 NCC, revoked if the testator brings action for
the payment of debts as to legacy of credit and
Legacy of remission.
b. Art. 957 NCC, provides 3 ways to make legacies in
effective:
1. Change of form (flour into bread)
2. Change of title (sold)
3. When such is a specific property and such is totally
lost
c. Art.1032 NCC, incapability to succeed
d. Art. 43 5, FC, Spouse who contracted a subsequent
marriage in bad faith, cannot inherit from the innocent
spouse.
e. Art.44 FC, Where both spouses of a subsequent
marriage acted in bad faith, the marriage is void,
testamentary dispositions made in favour of the other is
void.
f. Art. 50 FC, read in connection to Art. 43 and 44 of the
FC
g. Art 63 4, FC, Legal Separation, offending spouse
incapacitated

2. Subsequent will or Codicil

a. Implied revocation
note: if there is three wills, here will one will be
effective again
b. Express revocation
Note: since the revocation is expressly stated, will one
will not be revived again.
c. Revocation based on false cause, parole evidence rule
3. Overt Acts
a. requisites for overt acts
1. Intent to revoke;
2. Testamentary Capacity;

3.
4.
b.
1.
2.
3.
4.

Performed the act authorized by law

Substantive completion
the overt acts:
burning;
tearing;
Cancelling
Obliterating

With the intention of revoking it

Article 911
1. So many collationalbe donations made
here, destroys the estate;
2. There is a compulsory heir
3. Order of preference:
a. Legitime
b. Donations (w/n the free disposal)
c. Honor legacies/devises ( Preferred)
d. All other legacies and devises (prorated)

Article 950
1. The estate is not sufficient to cover all
legacies and devises;
2. No compulsory heir required
3. Order of Preference
a. Remuneratory legacies
b. Legacies or devises declared by the
testator to
be preferential
c. Legacies for support
d. Legacies for education
e. Legacies or devises of a specific,
determinate thing which forms a part of
the estate
f. All others pro rata

General Rule: Probate handles only the extrinsic part

Exception to the rule: Nuguid v Nuguid, may delve into the intrinsic part to
determine validity of the will or capacity to inherit of the supposed heir
Exception to the exception: Maninang v. CA, dubious grounds/representations
should deny the previous rule to take place as a matter of public interest.

General Rule: Probate Court cannot determine the issue of ownership

Exception to the rule: For the purpose of determining whether a certain property
should or should not be included in the inventory of the estate, Probate Court may

pass upon such provisionally and not conclusively and is subject to the final decision
in a separate action to resolve.

Advance distribution of property: Sec.2, Rule 109 of the Rules of Court, when the
court deems it proper and just, permit that part of the estate not affected with
controversy; subject to
Sec1., Rule 90 of the Rules of Court, advance distribution is allowed provided that a
bond which is set by the court is given.