Académique Documents
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GENERAL PROVISIONS
DEFINITION
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
by his will or by operation of
law
INHERITANCE
all property, rights and obligations of a person
- which are note extinguished by bis death
DECEDENT
person whose property is transmitted through
succession,
whether or not he left a will
EXTENT OF INHERITANCE
only transmissible property, rights and obligations; or
those not extinguished by the decedent's death
NOTE: OBLIGATION
thus, it follows that the heirs does not succeed
only to rights and properties, but as well as the
decedent's obligations.
Patrimonial Rights
UNLESS:
otherwise provided by will or by law
Rights and obligations arising from contracts
UNLESS:
not transmissible by their nature, stipulation or
law
NOT TRANSMISSIBLE
- purely personal rights
REQ:
1. succession has not yet been
opened
2. the object of the contract forms
part of the inheritance
3. the promissor has with respect to
the object, an expectancy of a
right which is purely hereditary in
nature
ESTATE TAX
STATE CAN COLLECT
- from the moment of death of the decedent
VALUATION
- based on the value of the estate at the time of the
death of the decedent
REGARDLESS OF
- subsequent appreciation or depreciation
SUCCESSION
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THE RULE:
transfer of title by means of succession, though
effective and valid between the parties involved,
DOES NOT BIND
corporation and 3rd persons
TO BIND CORPORATION
GEN RULE:
The transfer must be registered in the books of
the corporation to make the transferee-heir a
SH
EXE
Registration of Transfer shall not be required
when;
- the transferee held definite and uncontested
titles to a specific number of shares of the
corporation
KASI:
the registration here becomes mere
formality nalang in confirming their
status as sh.
KINDS OF SUCCESSION
TESTAMENTARY SUCCESSION
- designation of an heir is made in a will, executed in
the form prescribed by law
MIXED SUCCESSION
- effected partly by will and partly by operation of law
common:
intestate succession with regard to free portion
not disposed by the will
COMPULSORY SUCCESSION
- by operation of law, with resect to the legitime in favor
of compulsory heirs
DEVISEE
- person to whom gifts of real property is given by will
LEGATEE
- person to whom gifts of personal property is given by
will.
HEIR
anyone who succeeds
to the whole or to a
portion or fraction of
the inheritance
DEVISEE
LEGATEE
exist in testamentary c a n o n l y e x i s t i n
a n d i n i n t e s t a t e testamentary succession
successio
IN CASE OF PRETERITION
the institution of heirs remains effective to the
is annuled
extent that the legitime
are not impaired
KINDS OF HEIRS
VOLUNTARY HEIRS
- those who are instituted by the testator in his will
- the right to succession is entirely dependent upon the
will
COMPULSORY HEIRS
- those who succeed by force of law to some portion of
the inheritance called the legitime
LEGITIME
- an amount predetermined by law, of which
they cannot be deprive by the testator, exe by
valid disinheritance
SUCCESSION
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TESTAMENTARY SUCCESSION
WILLS IN GENERAL
WILL; defined as
a personal, solemn, revocable and free act
by which a capacitated person
disposes of his property and rights; and
declares or complies with duties
to take effect after his death.
M A K I N G O F W I L L S I S P U R E LY
PERSONAL ACT
CONSEQUENCES
1. the making of the will cannot be left in whole or in
part to the discretion of a 3rd person
2. cannot be accomplished through the instrumentality
of an agent or attorney
3. testator cannot make testamentary disposition in
such a manner that another person has to
determine whether or not it is to be operative
4. will cannot be subject of a compromise agreement
which would thereby defeat the very purpose of
making a will
PROVIDED
the testator has already determined the
property or amount of money to be given
PROVIDED
the testator has already determined the class
or cause to be benefited
NOTE: #2
no delegation of the will or testamentary
disposition as the testator himself has already
made the disposition
- what is delegated here is the details of its
execution
SUCCESSION
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RULES IN INTERPRETATION OF
WILLS
GEN RULE:
- to be taken in their ordinary and grammatical
sense
EXE:
clear intention to use them in another sense
can be gathered
AND the other sense can be
ascertained
GEN RULE:
to be taken on their technical sense
NATURE
ambiguity which cannot ambiguity appears upon
be seen from a mere t h e f a c e o f t h e
perusal of the will or on instrument
the face of the will
DETERMINABLE ONLY
- upon consideration of
extrinsic circumstances
FIRST
examining the words of the will
IF NOT ENOUGH
resort to parole or extrinsic evidence to
show the situation of the testator; and
all relevant facts and circumstances
surrounding him at the time of the making of
the will
EXE:
1. context clearly indicate a contrary intention;
or
2. satisfactorily appears that the will was
drawn solely by the testator who was
unacquainted with such technical sense
EXAMPLE
when testator named
"Anna" as his heir, when
he has several relatives
named Anna
ON TECHNICAL WORDS
PATENT AMBIGUITY
(extrinsic)
ON NON-TECHNICAL WORDS
GEN RULE
it does not result in the invalidity of the other
dispositions
EXE
when it is to be presumed that -
the testator would not have made such other
disposition IF
the first invalid disposition had not been made.
GEN RULE:
not deemed included among the properties disposed of
in the will
EXE:
contrary intention appears
ie.
testamentary disposition provides for the
"whole estate" or "entire inheritance."
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INTRINSIC VALIDITY
GEN RULE
it shall cover all the interest which the testator
could devise or bequeath in the property
disposed of
LEX LOCI
CELEBRATIONIS
- the law of the country in
which they are executed
LEX NATIONALII
- the national law of the
person
whose
succession is under
consideration
EXE:
clearly appears that the testator intended to
convey a lesser interest
REGARDLESS ON WON
the testator knows that the thing is
partly owned by another
EXE:
should the testator expressly declares that he
gives the ENTIRE thing to the the devisee or
legatee, and he KNOWS that the thing
bequeathed partly belongs to another
IN THIS INSTANCE,
testator is liable, either by
1. should he subsequently acquire
the subject property, it shall
pertain to the devisee or legatee
2. should he failed to acquire, the ff
shall transpire:
the heirs upon whim the
obligation is imposed or the
estate
- must acquire the
interest of the 3rd
person in the thing and
- give the sane to the
legatee or devisee;
should the 3rd person refuses
to alienate the same or
demands for an excessive
price, the heirs or estate shall
only be obliged
- to give the just value
of the interest of the
third person
SUCCESSION
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TESTAMENTARY CAPACITY
note:
mere omission of some of his
relatives
- does not affect the validity of
the will
EXE FOR #2
a. expressly prohibited by law
b. below 18 years of age
c. unsound mind at the time of the execution
of the will
NOTE:
PERSON SUFFERING FOM CIVIL
INTERDICTION IS QUALIFIED TO MAKE A
WILL
- as for civil interdiction, it only deprives a
person to make disposition of his properties
inter vivos, but not mortis causa
CHARACTER OF TESTAMENTARY
ACT
that the testator is aware that the
instrument he is executing
is a disposition mortis causa.
BURDEN OF PROOF
GEN RULE
law presumes sanity
HENCE: the burden of proof is upon
the person who alleges that the
testator is of unsound mind at the time
of making the will.
EXE:
1. the testator 1 MONTH OR LESS,
before the execution of the will,
was publicly known to be insane.
2. testator executed a will AFTER
BEING
PLACED UNDER
GUARDIANSHIP, in case of
insanity, and such was made
BEFORE the order was lifted.
CONSEQUENCE:
burden of proof is shifted to the
person who alleges the validity
of the will
- that the same was executed
during lucid interval
NATURE OF ESTATE
enough na;
- fairly accurate knowledge of what he
owns
not req:
to know every details of his
property
SUCCESSION
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NOTARIAL WILLS
HOLOGRAPHIC WILLS
is required to be:
1. entirely written by the testator
2. dated; and
3. signed
= by him personally
NOTE:
LEX LOCI CELEBRATIONIS
- the forms and solemnities of wills shall be governed by the laws of
the country in which they are executed
MANDATORY REQUIREMENT THAT THE WILL MUST BE IN
WRITING
- HENCE; if otherwise, it is void and cannot be probated
NUNCUPATIVE WILLS
- oral wills declared or dictated by the testator and dependent
merely on oral testimony.
SINCE NOTARIAL WILLS ONLY REQ THAT IT MUST BE IN
WRITING, EVEN NOT PERSONALLY BY THE TESTATOR
it follows then that, it may either be:
1. entirely written by the testator himself.
2. partly written by the testator himself and partly by another
3. entirely printed, engraved or litographed; or
4. partly written, by testator or by another, and partly printed etc.
NOTE:
law presumes that it is executed in a language known to the testator
SPECIAL FORMALITIES
1. must be subscribed at the
end thereof
- by the testator himself; or
- by the testator's name written
by some other person in his
presence and by his express
direction
7. it must be acknowledged
before a notary public
- by the testator and the
witnesses
SUCCESSION
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[FIRST]
must be subscribed at the end thereof
by the testator himself; or
by the testator's name written by some other
person in his presence and by his express
direction
I. BY PERSONALLY SUBSCRIBING
REQUISITES
[SECOND]
must be attested and subscribed
BY AT LEAST 3 CREDIBLE WITNESSES
- in the presence of the testator and of one another
ATTESTATION
consists in witnessing the testator's execution
of the will
IN ORDER TO SEE AND TAKE NOTE
MENTALLY
that those things are done which
the stature requires for the
execution of the will; and
that the signature of the testator
exists as a fact.
SUBSCRIPTION
is the signing of the witnesses' names upon the
same paper
FOR THE PURPOSE OF
identification of such paper as the will
- which was executed by the testator
SUCCESSION
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NUMBER OF WITNESSES
- 3 credible witnesses or more
NOTE:
the notary public before whom the will was
acknowledged cannot be counted as the third
instrumental witness
NOTE:
the witnesses must signed in the presence of
the testator and of one another
QUALIFICATIONS OF WITNESSES
1. must be of sound mind
2. at least 18 years of age
3. not be blind, deaf or dumb
4. able to read and write
5. domiciled in the Philippines
6. not have been convicted of
falsification of a document
perjury or false testimony
[THIRD]
the person requested by him to write his name
must also sign every page exe the last,
on the left margin
in the presence of the witnesses
PAGE
- if both pages of the sheet or leaf are used, it
is therefore necessary that both front and
reverse sides should bear the signature of the
testator and of each of the witnesses
COMPETENCY
- when a witness possess all the
qualifications enumerated in Art
820-821
CREDIBILITY
- believability of the witness
EXE:
the testamentary disposition in favor of
the witness shall be valid if
- there are 3 competent witnesses
aside from him
GEN RULE
the will shall remain valid
as it does not disqualify him to be a
witness
but shall only invalidate the devise
or legacy in favor of the witness
[FOURTH]
the witnesses must sign
every page, exe the last
on the left margin
in the presence of the testator and of one another
SUCCESSION
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PURPOSE
to forestall any attempt to suppress or substitute any of
the pages thereof
[SIXTH]
it must also contain an attestation clause which
expressly states the ff:
EXE:
defects can be remedied by intrinsic evidence
supplied by the will itself
ATTESTATION CLAUSE
part of an ordinary will whereby
the attesting witnesses certify that the instrument
has been executed before them; and
to the manner of execution of wills
PURPOSE
preserving in a permanent form of record of the fact
that attended the execution of a particular will
- so that failure of memory of the witnesses or other
casualty, such facts may still be proved.
GEN RULE:
renders the will void
EXE:
1. when the number of pages, while not
stated in the attestation clause itself,
appears at the end of the will proper; or
2. t h e s a m e w a s s t a t e d i n t h e
acknowledgment clause
NOTE:
no substantial compliance, unless
papasok sa exe mentioned above
SUCCESSION
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GEN RULE:
renders the will void
- cannot be proven by proof aliunde
SPECIAL REQUIREMENTS
- note: what enumerated here need not be stated in the
attestation clause. it may be proven by extrinsic
evidence.
EXE:
from the examination of the will that every page
thereof actually bears the signature of the
testator and the witnesses
- intrinsic evidence
[SEVENTH]
it must be acknowledged before the notary public
- by the testator and the witnesses
MANDATORY REQUIREMENT
- while the law provides "every will"
- it does not cover holographic will, as it does not
requires to be witnessed
- only applies to notarial wills.
REQ:
the will shall be read to him TWICE
- once, by one of the subscribing witnesses;
and
- by the notary before whom the will is
acknowledged
REQ:
If the testator is able to read
- he must personally read the will
ACKNOWLEDGMENT
- is the act of one who has executed a deed in
going before some competent officer and
declaring it to be his act or deed,
and in the case of a notarial will, that
competent officer is the notary public
- coerces that the testator and the instrumental
witnesses to declare before an officer of the
law that they had executed and subscribed to
the will as their own free act or deed.
SUCCESSION
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[FIRST]
it must be entirely handwritten by the testator
NOTE:
no witnesses is required in the execution of wills
ART. 810
need not be witnessed
DATE
- include the month, day and the year of its
execution
OMISSION OF DATE
GEN RULE:
the will is invalidated
EXE:
when established that the will was made in the
absence of:
bad faith
fraud
undue influence or pressure
NOTES:
- the law does not specify where the date should be
placed in the will. sufficient na that the date be in the
will itself and executed in the hands of the testator
- the law does not require that the will be executed on a
single day, at one time and in a same ink, as unity of
act is not required for this form of wills
[SECOND]
must be dated
[THIRD]
must be signed by the hand of testator himself
- name written by the testator in his usual, customary
and habitual manner
SUCCESSION
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REQUIREMENT
- the testator must authenticate the same by his full
signature.
OTHERWISE
- considered not made
EXE
where the testator himself crossed out the
name of the heir named, abd substituted the
name of another, without authentication
- it does not result in making the person whose
name was crossed as heir.
Full Signature
- the habitual, usual and customary signature
SUCCESSION
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ART. 17 NCC
the forms and solemnities of contracts, wills
and other public instruments, shall be
governed by the law of the country in which
they are executed
EXE:
Joint Wills
- shall not be valid in the Philippines, although the law
of the country in which it was executed authorizes such.
CODICIL; defined
a supplemental or addition to a will
- made after the execution of a will; and
- annexed to be taken as part thereof,
by which any disposition made in the original
will is
explained
added to; or
altered
FORMS REQUIRED
would depend to which such codicil refers to:
INCORPORATION BY REFERENCE
REQUISITES
to be considered as part of the will
1. document or paper must exist at the tine of the
execution of the will
2. must be clearly describe and identified in the will,
stating among others the number of pages
3. must be identified by clear and satisfactory proof as
the document or paper referred to in the will
4. must be signed by the testator and the witnesses in
each and every page
EXE: in case of voluminous books of accounts
or inventories
MUTUAL WILLS
SUCCESSION
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REVOCATION OF WILLS
TIMEFRAME
at any time before the testator's death.
FOLLOWING
- that testamentary dispositions is essentially
ambulatory
NOTE:
any waiver or restriction of right to revoke a will
- void
BUT: its invalidity shall not affect the validity of
the will itself
INSTANCES
filing of an affidavit of reappearance
- the spouse who contracted
subsequent marriage in bf shall be
disqualified to inherit from the innocent
spouse by testate and intestate
succession
in case of annulment
- the spouse who contracted the
marriage in bfthe testatmentary disposition in favor to
him/her made by the other spouse is
deemed revoked by operation of law
SUCCESSION
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NOTE
REVOCATION OF A WILL DOES NOT
AFFECT
THE RECOGNITION OF AN
ILLEGITIMATE CHILD
HOW
by some will, codicil or other writing executed
as provided in case of will
IMPLIED
REVOCATION
CONCEPT
subsequent instrument
executed in the form if a will,
there is a
REVOCATORY CLAUSE
- expressly revoking the will
or the part thereof
REQUIREMENT
for the revocatory clause to
produce an effect
1. it must contain all the
requisites of a will, whether
ordinary or holographic; and
2. it must be probated
RATION:
recognition is not a
testamentary disposition;
and
it takes effect immediately
after its execution and not
upon the testator's death
REQ:
such must appear on the face
of the instrument
- cannot be proven by parole
evidence. not admissible to.
SUCCESSION
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REPUBLICATION OF
WILLS
R E Q U I S I T E S F O R VA L I D I T Y O F
REVOCATION BY PHYSICAL DESTRUCTION
1. testator must, at the time of performing it,
be in possession of his faculties and
capable of making wills
2. destruction must be with intent to revoke or
coupled with animus revocandi
3. must be evidenced of the overt act
(BTCO); and
4. must have been a completed act
NOTE:
IT IS NOT IMPERATIVE THAT THE
PHYSICAL DESTRUCTION BE DONE
BY THE TESTATOR HIMSELF
- may be performed by another person,
under his express direction and in the
presence of the testator
HENCE: IF UNAUTHORIZED
DESTRUCTION
- no revocation
- parole evidence admissible
(for notarial will)
- if holographic will, regardless
on the fact that it was
destroyed without authority of
the testator, if no copy or
photostatic copy left, parole
evidence not admissible.
PRESUMPTION OF REVOCATION
REVIVAL OF WILLS
CONCEPT
RE-EXECUTION or the
RE-ESTABLISHMENT
by a testator of will
- which is void; or
- which the testator had
once revoked
is the process of
RENEWING
the
operative force of a will
- which had one revoked
by the testator
MANNER
1. REPUBLISH
- by reproducing the
contents of a previous
will in a subsequent will;
or
IF PREVIOUS WILL
WAS
REVOKED
E X P R E S S LY B Y A
SUBSEQUENT WILL
- the revocation of the
subsequent will does not
2. by execution of codicil revive the previous will,
- referring to the previous as a rule.
will to be republished
EXE:
#1 or #2 in republication
it can only be
republished
- by reproducing the
provisions thereof in a
subsequent will
SUCCESSION
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PROBATE OF WILLS
MANDATORY REQUIREMENT
ART. 833 NCC
no will shall pass either real or personal property
UNLESS it is proved and allowed in accordance with
the rules of court
HENCE:
- even estoppel will not lie, as this proceedings
involves public interest
PROBATE OF WILL
to prove before some officer or tribunal, vested by law
with authority for that purpose:
1. that the instrument offered to be proved is the last
will and testament of the deceased person whose
testamentary act is alleged to be;
2. that it has been executed, attested and published as
required by law; and
3. that the testator was of sound and disposing mind.
HENCE:
no res judicata with resect to intrinsic validity
- pwede pa i-question ang legality of any devise
or legacy
GENR RULE:
probate proceedings are limited only to
extrinsic validity
EXTRINSIC VALIDITY
court shall inquire only on
the due execution,
whether or not it complies with the
formalities prescribed by law; and
the testamentary capacity of the
testator
- AND NOT; validity and efficacy of the
testamentary provisions
POST MORTEM
PROBATE
DEFINITION
probate of the will during
the lifetime of the testator
RATION
- as such usually comes fully after the
will is proved.
EXE:
court shall determine first Intrinsic Validity of
the will when;
1. defect of the will is apparent on its face; or
2. parties agree that intrinsic validity be first
determined
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IN CONTRAST TO OBLICON
- contracts entered into by minor or by
a person of unsound mind, the contract
is merely voidable
EITHER AS AN
- heir;
- one who claim against the estate, like creditor
- executor
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INSTITUTION OF HEIRS
NO INSTITUTION OF HEIRS
RULE:
the will shall remain valid
- regardless on whether no heirs are instituted
or the institution does not comprise the entire
estate.
IF SAME NAME
RULE
the testator must indicate some circumstance
- by which the instituted heir may be known
OTHERWISE
LATENT AMBIGUITY
EFFECT:
the estate shall pass to the legal heirs by
intestate succession
EFFECT:
the testamentary disposition not repudiated or
to those person who are not incapacitated
- shall be complied with
CURED BY
other proof, including proof aliunde, to
ascertain the intention of the testator
- other than oral declaration of the
testator
LEGITIME
- is the part of the testator's property which he
cannot dispose of because the law reserved it
for certain heirs who are called compulsory
heirs.
EFFECT OF ERRORS
(in the name, surname or circumstances of
the heir)
GEN RULE
shall not vitiate the institution
BUT ONLY IF
- it can be ascertain, by use of proof
aliunde
OTHERWISE
- cannot inherit
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GEN RULE
the disposition to unknown person shall be void
EXE:
EXE:
different intention clearly appears
PROVIDED
such designated heir must be living/
capacitated to inherit as an HDL at the
time the succession opens.
OTHERWISE:
such designation is invalid
EXE:
contrary intention appears
ON STATEMENT OF FALSE CAUSE
(for the institution if an heir)
GEN RULE:
deemed not written
EXE:
testator would not have made such institution if
he had known the falsity of such cause
OTHER RULES
DESIGNATION OF SHARES
IF WITHOUT DESIGNATION
- heirs instituted shall shall inherit in equal parts
NOTE: THIS SHALL NOT APPLY TO
COMPULSORY HEIRS NAMED IN
THE WILL BUT WITHOUT
DESIGNATION OF HIS SHARE
- as he is entitled to his legitime from
the portion given to him in the will.
S O M E I N D I V I D U A L LY D E S I G N AT E D ,
OTHERS COLLECTIVELY
ie:
I designate as my heir A and B and the
Children of C.
GEN RULE
those collectively designated shall be
considered as individually instituted
- hence, per capita and in equal parts
IN THIS INSTANCE;
ground for annulment of institution on
the ground of false cause
REQUISITES:
1. that the cause for the institution of
heirs must be stated in the will
2. cause must be shown to be false
3. it must appear from the face of
the will that the testator would not
have made such institution, if he
had known the falsity of the
cause.
EXE:
contrary intention clearly appears
SUCCESSION
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EFFECTS OF PRETERITION
1. annul entirely the institution of heirs
2. legacies and devises shall remain valid, so long as
they are not inofficious
HENCE
once preterition has been established, intestate
succession will take place
EXE: with regard to devises and
legacies not inofficious.
PRETERITION
PRETERITION; defined
omission in the testator's will of the compulsory heirs in
the direct line or anyone of them, either because:
they are not mentioned therein; or
though mentioned, they are neither instituted as heirs
nor expressly disinherited
MANRESA; added
- nor assigning to him some part of the property
INEFFECTIVE
DISINHERITANCE
EFFECT
GEN RULE
- annulment of the
institution of heirs
CAUSE
by mistake and/or
inadvertence
if intentional
- defective disinheritance
NOTE:
WHEN TO ASSAIL PRETERITION
only after the death of the testator, when there is a will
REQUISITES:
1. the heir omitted must be a compulsory heir in the
direct line, whether ascending or descending
2. the omission must be total and complete
3. the omitted heir must survive the testator
#1
- covers adopted children
- since compulsory heir in the direct line, no
preterition if the person omitted is the spouse of
the testator
#2
- if the omitted heir receives anything from the
testator, inter vivos, no preterition.
REMEDY
entitled for the completion of his
legitime
SUCCESSION
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SUBSTITUTION OF HEIRS
KINDS OF SUBSTITUTION
SUBSTITUTION
is the designation by the testator of a person/s to take
the place of the heir/s first instituted
1.
2.
3.
4.
SIMPLE SUBSTITUTION
GROUNDS:
1. predecease
2. repudiation
3. incapacity
FIDEICOMMISSARY SUBSTITUTION
IN ACCRETION
- is a right by virtue of which, when 2/ more persons are
called to the sane inheritance, devise or legacy,
the part assigned to the one who
renounces or
cannot receive his share; or
dies before the testator,
IS ADDED OR INCORPORATED
- to that of his co-heirs, co-devisees/legatees
AS TO NUMBER
(BRIEF, COMPENDIOUS AND RECIPROCAL)
BRIEF
- when 2/ more persons are designated by the
testator to substitute for only one heir
COMPENDIOUS
- when there is only one person designated to
substitute for two or more heirs
BETWEEN
ACCRETION
AND
SUBSTITUTION; which is to be preferred
RIGHT OF THE SUBSTITUTE IS
PREFERRED
- as his right springs from the express will of
the testator
CONTRA: ACCRETION
- is derived only from a will presumed
by law
EFFECT OF SUBSTITUTION
GEN RULE:
the substitute is subject to the same charges and
conditions imposed upon the instituted heir
as he merely steps into the shoes of the latter
EXE:
1. the testator expressly provided in the will the
contrary; or
2. charges or conditions are personally applicable only
to the instituted heir.
NOTE HOWEVER
that should the testator expresses in
his will that only repudiation shall be
the ground for substitution,
- it must be respected.
RECIPROCAL
- when two or more persons are reciprocally
substitutes for each other
FIDEICOMMISSARY SUBSTITUTION
IT TAKES PLACE
- when the fiduciary (first heir) is entrusted with the
obligation to preserve and transmit to the 2nd heir
(fideicommissary) the whole or part of the inheritance
REQUISITES
1. the fiduciary called primarily to the
enjoyment of the estate
2. the 2nd heir to whom the property is
transmitted by the 1st heir
3. an obligation clearly imposed upon the
fiduciary to preserve and transmit to the
2nd heir the whole or part of the estate.
SUCCESSION
24 of 56
EXE:
testator cannot impose the condition of
inalienability with respect to the legitime
NOTE:
fideicommissary does not succeed from the
fiduciary, for he acquire his right directly from
the testator upon its death.
NOTE:
fiduciary is obliged to deliver the inheritance to
the fideicommissary, without other deduction
other than those which arise from the legitimate
expenses, credits and improvements
EXE:
when the testator has provided
otherwise.
AS TO FIDUCIARY
- it follows that since he has the obligation to
preserve the property, he cannot alienate it
during his lifetime, even if it exceeds 20 years
AFTER THE FIDUCIARY DIES
- pwede, so long as it does not exceed 20
years
SUCCESSION OF USUFRUCT
an instance whereby the testator leaves to a person the
whole or part of the inheritance and to another the
usufruct
- valid
I F N O VA L I D F I D E I C O M M I S S A R Y
SUBSTITUTION
GEN RULE
testator may prohibit alienation, so long as it
DOES NOT EXCEED 20 YEARS
- any excess, void
RATION:
as the law prohibits any charge,
condition or substitution whatsoever
upon the legitime.
SUCCESSION
25 of 56
P O W E R O F T H E T E S TAT O R T O I M P O S E
CONDITION, MODE AND TERM
GEN RULE
- yup. he has the right to do so
EXE
if it is imposed upon the legitime. this is considered as
not imposed.
RATION
ART. 872 and ART 904
- the testator cannot impose upon the legitime
any burden. encumbrance, charge, term,
condition or substitution of any kind
whatsoever.
SUSPENSIVE
CONDITION
SUSPENSIVE
TERM
EXE TO EXE
prohibition against partition for a period not
exceeding 20 years.
PRIOR TO THE
ARRIVAL OF THE TERM
- the inheritance, devise
or legacy shall be given
to the legal or intestate
heirs, for the meantime
- but the intestate heirs
cannot take possession
of the property, unless it
gives sufficient security.
MODAL
CONDITIONAL
imposes an obligation
upon the HDL, but it
d o e s n o t a ff e c t t h e
efficacy of his right to the
succession
EFFECTS OF MODE
1. the HDL can claim immediate delivery of
the inheritance subject to the giving of
security or bond for the compliance of the
obligation.
2. non delivery of bond, not entitled to the
delivery of the inheritance. it is a condition
sine qua non for its delivery
3. non-compliance with the mode/obligation,
HDL is obliged to return whatever he may
have received by virtue of the institution or
the devise or legacy, together with the
fruits and income
4. if he cannot return, or in case there is
deficiency, the bind shall answer for it.
KINDS
1. suspensive or resolutory
2. potestative, casual or mixed
3. possible or impossible
SUCCESSION
26 of 56
SUSPENSIVE
CONDITION
EFFECTS
CONSEQUENCE
SUCCESSIONAL
RIGHTS ARE
TRANSMITTED
ONLY
upon
the
happening of the
condition
C A PA C I T Y O F
THE HDL IS
DETERMINED:
HAPPENING OF
THE CONDITION
- it retroacts to the
moment of the
testator's death
RESOLUTORY
CONDITION
SUCCESSIONAL
RIGHTS ARE
A C Q U I R E D
IMMEDIATELY
- upon the death of
the testator
BUT SUBJECT
TO EXTINCTION
upon
the
happening of the
condition
POTESTATIVE
CONDITION
a condition whose
fulfillment depends
E X C L U S I V E LY
upon the will of the
HDL and must be
PERFROMED
personally
CASUAL
CONDITION
1. at the time of
the testator's
death; AND
2. at the time of
the happening of
the condition.
the fulfillment of
the condition
D E P E N D S
EXCLUSIVELY
- upon chance
and/or the will of
third person.
U
P
O
N
EXTINCTION, the
inheritance,
device or legacy,
shall pass to:
- to those who are
legally entitled to
it, to substitute (if
so provided) or to
co-heirs by
accretion, as the
case may be
W
H
E
N
CONDITION
MUST
BE
FULFILLED
GEN RULE
- as soon as the
HDL learns of the
testator's death
EXE:
1. condition was
already complied
with at the time
he learns of the
testator's death
2. when the
condition is if
such nature that it
cannot be fulfilled
again.
EXE: if shown gf
and due to
reasons not
imputable to him
EXE TO EXE:
when the testator
has otherwise
provided
IF IT BECOMES
CERTAIN THAT
THE CONDITION
CANNOT BE
FULFILLED
- the property
must be delivered
either to the
substitute or to
co-heirs by
accretion, as the
case may be.
REQUIRES
- it actual
compliance as
general rule
MIXED
CONDITION
the fulfillment of
the condition
D E P E N D S
PARTLY
1. upon the HDL;
and
2. upon chance
and/or the will of
third person
REQUIRES;
- s u f fi c i e n t n a
constructive
compliance
SUCCESSION
27 of 56
PROHIBITION TO MARRY
GEN RULE: void condition
EXE:
1. imposed on the widow or widower by the deceased
spouse or by the latter's ascendant or descendants
( parang resolutory in character to ); or
2. when the condition is not absolute in character. in
here, the prohibition is only relative with respect to
person, time or place.
DISPOSITION CAPATORIA
- void disposition. but shall not affect the will itself.
- one which imposes as condition that the heir shall
make some provision in his will in favor of the testator
or any other person
SUCCESSION
28 of 56
TESTAMENTARY LEGITIME
EXE:
1. valid disinheritance
2. prohibit partition for a period not exceeding
20 years.
see table
PRIMARY COMPULSORY HEIR
those who have precedence over and
exclude other compulsory heir
LEGITIMATE
CHILDREN AND
DESCENDANTS
RULE
OF
PROXIMITY
in
the
descending line,
the children
excludes the GC
of the decedent
ADOPTED
CHILDREN
FF DOMESTIC
ADOPTION ACT
- considered as a
legitimate child of
the adopter for all
intents and
purposes
- entitled to same
share
as
l e g i t i m a t e
children, without
discrimination
HENCE: should
he only survives
- excludes the
legitimate parents
and ascendants
NOTE: NEW
RULE DAA
- a compulsory
heir can only
inherit from his
biological parents
by testamentary
disposition
- as all legal ties
between the
adopted and the
biological parents
is already served
to be an intestate
heir
NOTE:
the
adopted is an heir
of the adopetr but
not
of
the
relatives of the
adopter.
LEGITIMATED
CHILDREN
ILLEGITIMATE
CHILDREN
L E G I T I M AT E D
CHILD
children
conceived and
born outside of
wedlock
of
parents who, at
the time of the
conception of the
former, were not
d i s q u a l i fi e d b y
any impediment
to marry each
other.
L E G I T I M AT I O N
TAKES PLACE
- upon valid or
voidable marriage
of the child's
parents.
LEGITIMATION
- the child enjoys
all
the
successional
rights accorded to
a legitimate child
- if none: same
rights lang as
illegitimate child
I L L E G I T I M AT E
CHILDREN
becomes
p r i m a r y
compulsory heir if
their illegitimate
parents has no
legitimate children
or descendants.
- otherwise,
concurring lng
LEGITIMATE
PARENTS AND
ASCENDANTS
ILLEGITIMATE
PARENTS
ADOPTING AND
BIOLOGICAL
PARENTS
B E C O M E S
C O M P U L S O RY
HEIR ONLY
- in absence of
legitimate children
and descendants
of the former.
B E C O M E S
C O M P U L S O RY
HEIR ONLY
- in the absence
of legitimate or
illegitimate
children and
l e g i t i m a t e
descendants
B E T W E E N
ADOPTER AND
ADOPTEE
- under DAA;
- each shall have
reciprocal rights
of succession
without distinction
from legitimate
filiation in legal
succession.
HENCE:
if illegitimate child
is the one that
only survives, it
only concurs to
LP/A
RULE
OF
PROXIMITY
- same same
IF BOTH FATHER
AND MOTHER
SURVIVES
- equal share
- if only one
survives; shall get
the entire estate
- if none, the
n e a r e s t
ascendant.
- if both in
maternal and
paternal sides
s u r v i v e s
(grandparents);
equally
IN
SUCH
INSTANCE
- only illegitimate
parents are
entitled.
HENCE;
- in absence, the
ascendants
cannot inherit
see notes on
adopted child.
IT FOLLOWS
THEN THAT NO
RECIPROCITY
O
F
SUCCESSIONAL
R I G H T S
BETWEEN IGP
IGC
- as while the IGC
may inherit from
IGP
by
representing IP
- the IGP cannot
succeed from
IGC, as only the
IP
in
the
ascending line
may inherit.
ILLEGITIMATE
CHILDREN
N O T E : I N C A S E L E G A L LY
SEPARATED
surviving spouse remains compulsory
heir of the deceased spouse,
- if the katter had given cause for the
same.
REQ: to be
entitled
- filiation must be
duly proved
before they can
be entitled to
successional
rights
SUCCESSION
29 of 56
RESERVA TRONCAL or
RESERVA LINEAL
- a delayed succession.
DEFINITIONS
PRAEPOSITUS
- the deceased descendant
RESERVISTA
- the ascendant
RESERVATARIO
- the relative of the praepositus within 3rd
degree of consanguinity and of the same line
where the property came from
EXAMPLE
GF (paternal side) donated to GS a
parcel of land. upon death of GS, the
said property was inherited by his
mother, M (reservista). M upon her
death, was survived by his mother,
GM. GM is not a reservatario,
although within 2nd degree of
consanguinity with GS, she does not
belong to the same line where the
property came.
REQUISITES
1. the property must be received by a descendant
(praepositus) from an ascendant or from a brother
or sister BY GRATUITOUS TITLE
2. the said descendant died without an issue
3. the same property is inherited by another ascendant
(reservista) by operation of law (either through
intestate or compulsory succession) from the
praepositus.
4. that there are living relatives within the 3rd degree
counted from the praepositus and belonging to the
same line from where the property originally came
(reservatarios)
HENCE: IT EXCLUDES
- illegitimate and
- adoptive relationship; and
- relationship by affinity
NOTE #3
- if follows then that the reservatario need not
be living at the time of the death of the
praepositus.
SUCCESSION
30 of 56
[FIRST]
the value of the property which remains at the
time if the decedent's death shall be
determined
[SECOND]
all debts and charges which are not imposed in
the will shall be deducted
RATION:
- a contract against future inheritance which is
expressly prohibited by law
- future inheritance is mere expectancy over
which the heir does not acquire any real right
until the death of the testator.
PRESCRIPTIVE PERIOD
10 YEARS
- from the time the right of action accrues
- that is; death of the decedent.
[THIRD]
COLLATION
by adding to the NHE; value of all donations by
the testator that are subject to collation, at the
time he made them, whether given to
compulsory heirs or to strangers
[FOURTH]
donations which had been brought to collation
should next be imputed and charged against
the corresponding portion of the estate.
IN GENERAL
donations given to compulsory heirs should be
charged to their legitime
donations made to strangers shall be charged to that
part of the estate which the testator could have
disposed by his last will
donations shall be respected so long as the legitime
can be covered, reducing or annulling, if necessary,
the devises or legacies made in the will
SUCCESSION
31 of 56
RULE:
DEVISE SUBJECT TO REDUCTION
CONSIST OF REAL PROPERTY WHICH
CANNOT BE CONVENIENTLY DIVIDED
FIRST
OTHERWISE; TO COMPULSORY
HEIRS
- subject to; reimbursement of the
devisee, for what respectively belongs
to him.
SECOND
if the devisee is also entitled to the legitime, he
may RETAIN THE ENTIRE PROPERTY
- regardless on won; the reduction of the devise
should absorb more than 1/2 if the value of the
property
THIRD
if the heir or devisee mentioned above does
not choose to avail of the foregoing right
- any heir or devisee who did not have
such right may exercise it
should nobody exercise this right
- the property shall be sold at public
auction at the instance of any
interested parties.
SUCCESSION
32 of 56
DISINHERITANCE
EXE
by valid disinheritance
DISINHERITANCE
PRETERITION
MANNER
express
implied
CAUSE
Legal Cause
due to mistake or
inadvertence
- law presupposes
above.
VALIDITY
always invalid
- the omitted heir gets
not only his legitime but
also his entire share in
the free portion not
disposed of by way of
legacies and devises.
SUCCESSION
33 of 56
NOTES:
- intent to kill is crucial here
- there must be a conviction by final
judgment
NOTES:
- REQ: judicial declaration that the
accusation us groundless or false
FORM
- no required form. express or tacit.
EXAMPLE
- testator who has knowledge of facts which
would make his compulsory heir unworthy, but
nonetheless instituted the same as heir in his
will
- when testator, condones in writing the heir
who committed an act which would make it
unworthy.
NOTE:
- the representative acquires the rights which
the person represented would have if he were
living or if he could have inherited.
Hence, not limited to legitime.
NOTE:
In here, the disinherited parent SHALL NOT
HAVE the usufruct or administration of the
property which constitute the legitime.
SUCCESSION
34 of 56
DEFINITION
DEVICE
- gift of real property given by virtue of a will
HOWEVER;
if it is in the possession of 2/more heirs, they
shall be solidarily liable, although only one
acted negligently.
LEGACY
- gift of personal property given by will.
WHAT CAN BE DEVISED OR BEQUEATHED
- all things and rights which are within the commerce of
man
PERFORMED BY WHOM
I F T H E R E I S A N A D M I N I S T R AT I O N
PROCEEDINGS
- it shall be done by the executor or
administrator
LIMITATIONS
if an heir is burdened for its payment, such
burden cannot be imposed upon the
legitime.
Hence, he cannot be charged beyond
the free portion.
if legatee or devisee is burdened for its
payment, he shall be liable only to the extent
of the value if the legacy or devise received
by him.
IF THERE IS NONE
- it shall be performed by the heirs.
FOR EVICTION
GEN RULE:
shall be understood to be limited to such part or interest
owned by the testator.
This remains true, regardless on won the
testator knew that the this was partly owned by
a stranger.
EXE:
1. it clearly appears from the will that the testator
intended to convey a less interest
2. when the testator expressly declares that he
bequeaths or devises the thing in its entirety.
REQUISITES FOR #2
a. an express declaration to that effect
appearing in the will itself
b. knowledge on the part of the testator that
the thing belongs partly to a third person
c. that such knowledge must appear either in
the will itself or proved by competent
evidence.
BURDEN OF PROOF
- is upon the devisee or legatee
favored with such property
SUCCESSION
35 of 56
EFFECT OF PARTITION
IF PHYSICALLY DIVISIBLE OR CONVENIENT
OF DIVISION
- walang problema
GEN RULE:
the devise or legacy shall be ineffective
RULE:
IF, AT THE TIME OF THE EXECUTION OF
THE WILL, THE THING DID NOT BELONG
TO THE LEGATEE OR DEVISEE BUT HE
SUBSEQUENTLY ACQUIRES IT
EXE:
1. if the thing is subsequently acquired by the testator,
by whatever title
2. when the testator provides in his will that the thing
be acquired and be given to legatee or devisee.
IN CASE OF #2
WHO HAS THE DUTY TO ACQUIRE IT:
1. the person designated, heir, legatee or
devisee
2. if there is no designation, it shall be
executed by the executor or administrator
NOTE:
if the time testator bequeathed or devises a thing which
does not belong to him, of which he knew at the time he
executed his will, and on said will does not provide for
its acquisition
- the device or legacy shall still remain valid
- as the law presumes that the intention of the testator
is that it is to be acquired by the executor or
administrator of his estate, or by his HDL charged with
the legacy or devise.
IF ACQUIRED GRATUITOUSLY BY
THE LEGATEE OR DEVISEE
- the latter can claim nothing by virtue
of such devise or legacy
IF ACQUIRED ONEROUSLY BY
LEGATEE OR DEVISEE
- the latter can demand reimbursement
from the estate.
RULE:
IF THE THING WAS OWNED BY THE
T E S TAT O R AT T H E T I M E O F T H E
EXECUTION OF THE WILL AND ACQUIRED
SUBSEQUENTLY BY THE LEGATEE OR
DEVISEE
IF GRATUITOUSLY
- deemed to be in compliance with the legacy
or devise
IF ONEROUSLY
- legatee or devisee is entitled for the recovery
of the price paid by them from the estate.
SUCCESSION
36 of 56
GEN RULE:
regardless of whether the pledge or mortgage was
made after the execution of the will
- the estate is obliged to pay the debt to remove the
encumbrance thereon
GEN RULE:
it shall not be applied to his credit
EXE:
contrary intention appears
NOTE: THIS RULE APPLIES ONLY TO
ENCUMBRANCES BY VIRTUE OF PLEDGE
AND MORTGAGE
EXE:
when testator so expressly declares
- in here, the creditor has the right to collect the
excess, if any, of the credit, or devise or legacy.
LEGACY OF CREDIT
- this is to refer to credit which the testator has against
a third person, existing at the time of the death of the
testator
HENCE: not to cover those credit acquired
after his death.
DEEMED REVOKED
- should the testator, after having made
the legacy, brought an action against
the debtor
SUCCESSION
37 of 56
GEN RULE
- from the death of the testator
FROM HERE:
- the devisee or legatee acquires a definite right
to transmit it to his heirs.
- the things shall be delivered to him, including
all its accession and accessories, its incomes
and fruits.
EXE:
if the bequest should not be of a specific and
determinate thing
- but is a generic or of quantity
IN HERE
the obligation to deliver arises only upon
making the selection
- HENCE; it also follows that the fruits and
income from the thing shall pertain to the
legatee or devisee only from the moment the
selection was made
EXE: even before the selection, it shall
pertain to the devisee or legatee if the
testator expressly so provides
EXE:
- if reacquisition is by virtue of the exercise of
right of repurchase.
EXE:
person obliged to give the legacy or devise is
liable for eviction
- WHEN; the thing bequeathed is not
determined as to its kind.
APPLIES ONLY:
1. after the legitimes of the compulsory heirs
have been sufficiently provided
2. no chargeable donation inter vivos against
the free part.
SUCCESSION
38 of 56
L E G A L O R I N T E S TAT E
SUCCESSION
COLLATERAL LINE
- brother and sister of the deceased
[Third] in default of second
the surviving spouse shall inherit the entire
estate
w
CONCURRED BY:
- brothers and sisters; or their children
IN GENERAL
- the law disfavor intestacy, as the intent of the testator
is the supreme law in succession.
RULE OF PROXIMITY
EXE
when right of representation takes
place.
GEN RULE
relative nearest in degree excludes the
more distant ones
- illegitimate children
EXE:
brother and sisters of the full blood
survive together with bro and sis of
the half blood
- the former inherit to a share
double that of the latter.
should there be ascendants in both
lines
- half shall go to the parental
and the other half to the
maternal.
- in each line, the division shall
be made per capita.
whenever there is succession by
representation
- the succession shall be made
per stirpes.
HENCE IN HERE
- the representative,
although in the same
degree, shall not
inherit more than what
the person they
represent would
inherit, if he were living
if could inherit.
SUCCESSION
39 of 56
DEGREES
AND
DEFINITIONS
DIRECT LINE
- constituted by the series of degrees among
ascendants and descendants
COLLATERAL LINE
- constituted by the series of degree among
persons who are not ascendants and
descendants, but who come from a common
ancestors
COLLATERAL LINE
- ascent is made to the common ancestor and
then descent is made to the person with whom
the computation is to be made.
IN CASR OF REPUDIATION
IF ONLY ONE OF THE CO-HEIR REPUDIATE
IN THE SAME DEGREE
the co-heir shall receive the share rendered
vacant. ACCRETION
- ONLY; if right of representation does not
obtain
SUCCESSION
40 of 56
RIGHT OF REPRESENTATION
DEFINITION
is the right created by fiction of law, by virtue of which,
the representative is:
raised to the place and degree of the represented;
and
acquires the rights which the latter would have if he
were living or if he could have inherited.
ILLEGITIMATE CHILDREN
ONLY with respect to the legitime of the IC
NOTE:
- representation obtains degree by degree and
no jump is made
- representative merely takes the place of the
person represented. hence, he can only inherit
the portion of the person represented should
rightfully receive.
furthermore; since the representative
inherits from the decedent and not from
the person represented, his capacity
and right to succeed must be
determined in relation to the decedent
and not the person represented.
- it it does not make him liable to pay
for the debts of the person
represented.
NOT AVAILABLE
- to illegitimate descendants of
legitimate children in the inheritance of
a legitimate grandparents
RATION:
IRON CURTAIN RULE
Art. 992 prohibits succession
ab intestato between the
illegitimate child and the
legitimate children and
relatives of the father or
mother.
ADOPTED CHILDREN
not available
- since the relationship created by adoption is
limited to the adopting parents and does not
extend to their relatives,
the adopted child, should he survive
with his adopting parents, cannot
represent the former in the inheritance
from the parents or ascendants of the
adopter.
AVAILABLE
- to illegitimate descendants of IC in
the inheritance of an illegitimate
grandparents.
LEGITIMATE CHILDREN
SUCCESSION
41 of 56
AS TO LEGITIMATE CHILD
1. legitimate children and descendants
2. legitimate parents and ascendants
3. illegitimate children
4. surviving spouse
5. collaterals up to 5th degree
6. the state
[FIFTH]
in default lahat; shall be inherited by Illegitimate BS,
entire
[SIXTH]
pag wala na talaga lahat; The STATE!
EXCLUDES
legitimate parents and ascendants
collateral relatives
the state
CONCURRED BY
surviving spouse
illegitimate children
see: pg 679 Rabuya's Book for concrete
example
AS TO ILLEGITIMATE CHILD
[FIRST]
LC and descendants are preferred over IC
CONCURRED BY
- IC and SS
[SECOND]
in the absence of LC and descendants, IC and their
descendants shall succeed the entire estate.
CONCURRED BY:
- SS
[THIRD]
in the absence of LC and their descendants and IC and
their descendant
- the person who shall inherit is the Illegitimate Parents
of the decedent
CONCURRED BY
- SS ( tag 1/2 sila )
[FOURTH]
in default ng LC, IC, IP
- the SS shall inherit.
CONCURRED BY
- BSNN ( tag 1/2 sila )
NOTE:
the BS must be by illegitimate filiation,
as otherwise, the Iron Curtain Rule will
apply.
prepared by: ronie ablan
AAA - BASTE / ATB
SUCCESSION
42 of 56
PROVISIONS COMMON TO
T E S TAT E A N D I N T E S TAT E
SUCCESSION
RIGHT OF ACCRETION
DEFINITION
is a right, by virtue of which,
- when two or more persons are called to the SAME.
inheritance, deice or legacy
- the part assigned to the one who
renounces; or
cannot receive his share; or
who died before the testator
IS ADDED OR INCORPORATED
- to that of his co-heirs, co-devisee or co-legatee
HENCE;
- if it is not particularly designated or
physically segregated from all others of
the same class, meron paring right of
accretion.
CAUSE
only repudiation
BASIS
- the presumed will of the testator
HENCE; NO ACCRETION IN THE FF:
1. when the testator designate a substitute
2. when the testator expressly so provides
that there shall be no right of accretion
among those persons called to inherit
FURTHERMORE; NO ACCRETION
- on the legitime; only on the free portion
- as in legitime, an heir shall only inherit it in
their own right
EFFECTS OF ACCRETION
1. heirs to whom the portion goes by right of accretion
- take it in the same proportion that they inherit
2. heirs to whom the inheritance accrues
- shall succeed to all the rights and obligations
which the heir who renounced or could not
receive it would have had.
EXE:
when the testator expressly provides for the
contrary, in testamentary succession
when it is purely personal.
ELEMENTS OF ACCRETION
1. 2/more persons are called to the same
inheritance, or to the same portion thereof,
jointly or pro indivisio; and
2. there is a vacancy in the inheritance as a
result of predecease, incapacity or
repudiation.
SUCCESSION
43 of 56
REPRESENTATION
ACCRETION
SUBSTITUTION
In Testamentary Succession
not available
not available
not available
IF RIGHT OF
REPRESENTATION
IS NOT AVAILABLE
- then the vacant
portion shall go to
the co-heirs in their
own right
IN DEFAULT
- the vacant portion
shall go to heirs in
the next order if
intestacy
IF ABOVE
MENTIONED IS
STILL
NOT
AVAILABLE
- the vacant portion
shall go to other
secondary and/or
compulsory heirs
if it is due to repudiation
not available
if it is due to repudiation
RIGHT OF
ACCRETION
- the vacant portion
shall go to the other
co-heirs by right of
accretion
IN DEFAULT
- the vacant portion
shall go to heirs if
the next degree in
their own right
not available
NOT APPLICABLE
- in testamentary
s u c c e s s i o n ,
representation shall
take place only with
respect to the
legitimes
- it does not take
place with respect to
what is voluntarily
given by will.
RIGHT OF
REPRESENTATION
SHALL
TA K E
PLACE
- representative to
succeed the vacant
portion
IF
REPRESENTATION
IS NOT AVAILABLE
- then the co heirs of
the same degree
shall succeed to it in
their own right.
- not by accretion,
as accretion applies
only to free portion
substitution shall
take place IF
- provided for by the
testator
ACCRETION
In Intestate Succession
not available
REPRESENTATION
IN DEFAULT
- it shall go to the
heirs in the next
order of intestacy
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INCAPACITY TO SUCCEED
QUALIFICATIONS
1. possession of juridical capacity
2. not specifically disqualified
3. the heir, devisee, legatee (HDL) must be living at
the moment the succession opens
EXE:
if the institution, devise or legacy should be
conditional (suspensive)
- the capacity is to be determined not only at
the time of the death of the decedent,
- but also at the time of the fulfillment of the
condition.
GEN RULE
shall be based at the time of the death of the
decedent
NOTE:
CAPACITY TO SUCCEED; governed by
- the national law of the decedent.
IN THIS INSTANCE
1. the recipient shall be limited to the
poor living in the domicile of the
testator at the time of his death.
EXE:
contrary intention clearly
appears
2. designation and the distribution shall
be made by
person appointed by the testator for
the purpose
in default thereof, the executor; or
should there be no executor, shall
be done by justice of peace, mayor
and municipal treasurer
- who shall decide by majority
vote, and subject to RTC's
approval
QUALIFICATIONS FOR #3
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DISQUALIFICATIONS
BY REASON OF PUBLIC POLICY
Art. 739. The following donations shall be void:
1. Those made between persons who were
guilty of adultery or concubinage at the
time of the donation;
2. Those made between persons found guilty
of the same criminal offense, in
consideration thereof;
3. Those made to a public officer or his wife,
descedants and ascendants, by reason of
his office.
REQUISITES
a. the will must have been made
during the testator's last illness
b. t h e
spiritual
ministration(confession or
extension of spiritual aid) must
have been made during the last
illness
c. the will must have been executed
during or after the spiritual
ministration.
IT ALSO INCLUDES
a. abandonment of the child
b. inducement of a daughter to lead
a corrupt or immoral life
c. attempt against a daughter's
virtue
EXE:
if there are 3 other competent
witnesses to such will
REQUISITES
a. the heir must have made an
attempt against the life of the
decedent, his or his spouse,
descendants or ascendants
b. there must be an intent ti kill; and
c. there must have been a final
conviction for such attempt.
IT ALSO INCLUDES
a. filing of a complaint against the
testator without a cause; and
b. testifying falsely as a witness
against the testator
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DECLARED INOPERATIVE
- as the law does not vest an obligation
to a person to make an accusation for
violent deaths under the law
NOTE:
- the offending spouse of the testator
here is not covered by Art. 1032.
hence, di sya declared unworthy
- HOWEVER; if as a result thereof,
legal separation has bern granted on
the ground of sexual infidelity, the
offending spouse is disqualified to
inherit from the innocent spouse
note: yung qualification here
applies only in intestate
succession. as nothing
prevents the testator-innocent
spouse from still designating
his offending spouse as his
heir.
EXE:
I. he shall still retain what he had already
received from the decedent during the lifetime
of the latter
EXE TO EXE
when he should commit any act of
ingratitude enumerated under Art. 765
NCC:
1. if the donee should commit some
offense against the person, the
honor or the property of the donor,
or of his wife or children under his
parental authority;
2. If the donee imputes to the donor
any criminal offense, or any act
involving moral turpitude, even
though he should prove it, unless
the crime or the act has been
committed against the donee
himself, his wife or children under
his authority;
3. if he unduly refuses him support
when the donee is legally or
morally bound to give support to
the donor.
2 KINDS OF PARDON
1. E x p r e s s P a r d o n - w h e n t h e
decedent, having knowledge of
the. cause, subsequently
condones it in writing
2. I m p l i e d P a r d o n - w h e n t h e
testator, having knowledge of a
cause, institutes the offender as
HDL.
R E P R E S E N TAT I O N ; I N C A S E O F
UNWORTHINESS
since unworthiness is purely personal to the
heir, it does not prejudice his children and
descendant.
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EXTENT OF REPRESENTATION
- extends to whatever portion in
intestate succession the person
represented may have been entitled to.
NOTE:
regardless on WON the excluded heir acted in
bf, he has the right to recover necessary
expenses.
PROVIDED
if the transferee acted in gf
or w/o knowledge of the
facts which render the
transferor unworthy
- only remedy of the
co-heirs; to recover
damages from the
disqualified heir
HENCE; should the
transferee acted in bf
- alienation not being
valid, the co-heirs may
recover it from the
transferee.
PRESCRIPTION PERIOD
- for declaration of incapacity and for the
recovery of the inheritance, devise or legacy
SHALL BE BROUGHT
WITHIN 5 YEARS
- from the time the disqualified person
took possession thereof.
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C O R P O R AT I O N A N D O T H E R
ENTITIES
AS TO ACCEPTANCE
- through its lawful representatives.
NOTE: dapat yung entity is
qualified to acquire property.
NATURE
- purely voluntary and free
- an HDL may not be compelled to accept the
inheritance. he is free to accept or repudiate the same
AS TO REPUDIATION
- approval of the court shall be
necessary
ACCEPTANCE OR
GEN RULE
- the HDL
- deaf-mutes who can read and write may
accept and repudiate the inheritance personally
or through an agent
- a married woman may accept or repudiate
inheritance w/o the consent of his husband.
AS TO ACCEPTANCE
- by their parents or guardians
AS TO REPUDIATION
- by their parents or guardians, only
after judicial authorization.
- absence of judicial authorization, the
repudiation shall be void.
REQUISITES
1. there must be a repudiation by the
heir in legal form, a repudiation
valid in law
2. there must be a credit existing
against the heir who repudiates
3. judicial authorization must be
obtained before the creditor may
accept for the debtor; and
4. the act of repudiation prejudices
the claims if the creditor.
SHOULD IT BE GRANTED
EXTENT OF RESCISSION OF
REPUDIATION
ONLY TO THE EXTENT
- sufficient to cover the amount of their
credits.
HENCE; as to the excess, the
repudiation shall still remain
valid.
AS TO REPUDIATION
- no right to repudiate
SUCCESSION
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MANNER OF ACCEPTANCE
EXPRESS ACCEPTANCE
- in writing. public or private document
IMPLIED ACCEPTANCE
- one resulting from acts by which the intention
to accept is necessarily implied.
IE.
1. if the heirs sells, donates, or
assigned his right to a stranger, or
to his co-heirs, or to any of them
2. if the heir renounces the same,
even though gratuitously, for the
benefit of one or more of his coheirs (this act is cession really)
3. if the heir renounces it for a price
in favor of all his co-heirs
indiscriminately (not really a
renunciation)
4. if within 30 days after the court
issues an
order for the
distribution of the estate in
accordance with the Rule of Court
- the HDL failed to signify to
the court having jurisdiction,
whether they accept or
repudiate the inheritance.
NO IMPLIED ACCEPTANCE
1. when the act does not qualify as
an act of dominion, rather it is
merely for preservation,
provisional administration
2. w h e n t h e h e i r e x p r e s s l y
renounces gratuitously his part in
favor of all co-heirs, to whim the
portion renounced shall pass by
the right if accretion, substitution
or by intestate succession.
(absolute repudiation)
MANNER OF REPUDIATION
1. notarial document (public document)
2. authentic document ( one whose authenticity or
genuineness is admitted and clearly proved)
3. by way of petition presented to the court having
jurisdiction over the testamentary proceedings.
PROBLEMO
should an heir is both testamentary and
intestate heir, what is the effect of his
repudiation when done only in either one
capacity?
ANS:
S H O U L D H E R E P U D I AT E S . T H E
INHERITANCE IN HIS CAPACITY AS A
TESTAMENTARY HEIR
- deemed to have repudiated the inheritance as
an intestate heir
S H O U L D H E R E P U D I AT E S T H E
INHERITANCE IN HIS CAPACITY AS AN
INTESTATE HEIR
without knowledge of him being a testamentary
heir
- not deemed to have renounced his right as a
testamentary heir.
SHOULD HE ACCEPTS
- possession of hereditary property is deemed
transmitted to the heir without interruption,
from the moment of the death of the
decedent
SHOULD HE RENOUNCES
- deemed to have never possessed the
hereditary property
IRREVOCABILITY OF ACCEPTANCE OR
REPUDIATION
GEN RULE
acceptance and repudiation, once
made, is irrevocable and cannot be
impugned.
EXE
1. when it was made through any of
the cause which vitiate consent
(FUiVIM)
2. when an unknown will appears
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COLLATION
2 CONCEPTS
1. As a mere Mathematical Computation
- computation of the value of the net hereditary
estate by
adding the value of all donation inter
vivos made by the decedent to the
remaining assets at the time of his
death
- including, the determination of the amount of
the legitme of compulsory heirs and the
disposable portion
and imputation of donation inter vivos
either to the legitime or to the
disposable portion.
EXE:
the parents so provide, or
they impair the legitime;
NOTE: if found to be
inofficious;
- chargeable to sa free portion
FIRST
determine the value of the property which
remains at the time of the death of the
decedent
EXE:
insofar as they may exceed
1/10 of the sum which is
disposable by will.
~ excess subject to collation
SECOND
all debts and charges which are not imposed in
the will shall be deducted.
THIRD
ADD to NHE
- value of all donations by the testator that are
subject to collation, at the time he made them.
whether such donation was made in favor of
his compulsory heir or strangers
NOTE:
pag both parents made a donation, 1/2
shall be brought back to the inheritance
of the father, and the other half to the
mother.
DISTRIBUTABLE ESTATE
- shall be the basis for computing the
free portion and the legitime
FOURTH
After determination of the
distributable estate
the legitimes
the free portion
prepared by: ronie ablan
AAA - BASTE / ATB
SUCCESSION
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IF AFTER REDUCTION/ANNULMENT
OF LEGACY AND/OR DEVICE, THE
LEGITIME IS STILL IMPAIRED
- will be the only time that the
donations made shall be reduced or
annulled, as the case may be.
- sa order of preference as to which of
several donations shall be reduced first
yung donation having the
recent date shall be reduced
first
GEN RULE
chargeable to their legitimes
EXE:
when chargeable to the free portion:
1. w h e n t h e d o n o r e x p r e s s l y
provides that collation shall not
take place. (testator manifested in
his will that the donations made
shall not constitute as an advance
on the legitime)
2. when the donee renounces the
inheritance, thus becoming a
complete stranger to the
inheritance.
IF FOUND TO BE INOFFICIOUS
- they shall be reduced insofar as they
are inofficious
PRESCRIPTIVE PERIOD
10 YEARS
- following the death of the donor-decedent
SUCCESSION
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SUCCESSION
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PARTITION
DEFINITION
is the separation, division and assignment of a thing
held in common
among those to whom it may belong.
PARTITION COVERS
- every act which is intended to put an end to
indivision among co-heirs, legatees and
devisees,
although it may purport to be a sale,
exchange, compromise, or other
transaction.
HOWEVER;
Vda. de Reyes vs. CA
- oral partition may be valid
- the need that it be placed in a
public instrument and
registered in RD, is only for the
purpose of protection of
creditors and at the same time
of the heirs. HOWEVER, such
does not apply in extrajudicial
settlement of estate when
there are no creditors whose
right may be prejudiced.
HOW
1. by will
2. act intervivos
BY THE COURT
HOW
Ordinary Action for Partition
(Rule 69 ROC)
THROUGH COMMISSIONER
- when no such agreement can
be reached
- court shall appoint
commissioners, who shall
prepare and submit report of
partition
SUCCESSION
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FIRST
- whether the plaintiff is indeed
a co-owner
SECOND
- after the first has been
determined, how the property
is to be divided.
S A L E O F H E R E D I TA R Y S H A R E B E F O R E
PARTITION
- is allowed
ONCE CO-OWNERSHIP IS
RECOGNIZED
- action to compel partition will not
prescribe
EXE:
EXE TO EXE
1. any of the causes for which
partnership is dissolved; or
2. w h e n t h e c o u r t fi n d s f o r
compelling reasons that division
should be ordered, upon petition
by one of the co-heir
EXE TO EXE:
even prior to the fulfillment of the
condition, should the voluntary heir
GIVES SUFFICIENT SECURITY for
the rights which the said voluntary
heirs may have.
QUALIFICATIONS
an heir can only sell his ideal or undivided
share in the estate, and not any specific
property therein.
RATION:
- since, the share of an heir is only
determined after the final adjudication
of division of the estate by the probate
or intestate court.
IN HERE; it presupposes that
all debts of the estate has been
paid and the shares of the
legatees and devisees has
been given
TIMEFRAME
- WITHIN 1 MONTH from the time they
were notified in writing of said sale.
EFFECTS OF PARTITION
the co-ownership is terminated, and each co-owner
becomes the absolute and exclusive owner of the
share allotted to him.
it shall not prejudice the rights of 3rd persons, who
shall retain the rights of mortgage, servitude, or any
other real rights belonging to them before the division
was made
personal rights pertaining to 3rd persons against the
ownership shall also remains.
mutual accounting shall be rendered by the coowners to each other with regard to benefits and
expenses and each co
owner shall be liable to pay for damages caused by
reason of his negligence or fraud.
SUCCESSION
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PRESCRIPTION PERIOD
AFTER 4 YRS
- from the time the partition was made
OPTION OF
INDEMNIFICATION
either by
cash; or
delivery of a thing of the
same kind and quality as
that awarded to the
plaintiff.
OPTION OF CONSENTING
TO A NEW PARTITION
- this shall not affect those who
were not prejudiced nor those
who received more than their
just share.
IN THIS INSTANCE
- the person/s who employed
fraud or bf shall be
proportionately obliged to pay
to the person omitted the share
which belongs to him.
SUCCESSION
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