CHARACTERISTICS OF SUCCESSION: Law of citizenship

Law of domicile
Mode of acquisition
The property, rights & obligations to the extent of Law of domicile
the value of the inheritance transmitted
The transmission takes place only by virtue of Law of residence
death
The transmission takes place either by will or by Law of residence
operation of law
The transmission to another Law of place of execution

Law of place of execution

REQUISITES FOR TRANSMISSION OF RIGHT TO
SUCCESSION (or more correctly stated, time Philippine law
of vesting of the successional right):
Philippine law

Death of the decedent

Express will of the testator calling succession
and/or provision of law prescribing successors
Rights or properties are transmissible
Transferee is still alive (didnt predecease)
Transferee is capacitated to inherit
Acceptance of the inheritance by the successor
KINDS OF SUCCESSION:
1. Testamentary succession by will
2. Intestate succession in default of a will
3. Mixed
Intrinsic FOR FILIPINOS
FOR FOREIGNERS
1. Governing law as to time
Article 2263 law at time of death
Article 16, Article 1039 depends on personal law
2. Governing law as to place
Article 16, Article 1039 Philippine law
Article 16, Article 1039 national law

Treatment of accruals under the laws of Testamentary Capacity

succession:
1. All persons not expressly prohibited by law

a. Article 793 refers to accruals after the making 2. 18 years old and above
of the will
b. Article 781 refers to accruals after the death of 3. Sound mind
the testator

a. Article 793 accruals dont always pertain to the 2 Kinds of Wills:

testate heirs
b. Article 781 accruals will always pertain to the
testate heirs Notarial will Articles 804-806, & 807-808 in special
cases
Holographic Articles 804 & 810

Will an act whereby a person is permitted, with

the formalities prescribed by law, to control, to a Common requirements that apply to the 2 kinds of
certain degree the disposition of his estate, to take wills 1. In writing
effect after his death.
2. In a language or dialect known to the testator

Validity of wills
REQUISITES FOR VALID NOTARIAL WILL:
Extrinsic FOR FILIPINOS
In writing
FOR FOREIGNERS Executed in a language or dialect known to the testator
Subscribed by the testator himself or by the testators
1. Governing law as to time name written by some other person in his presence &
under his express direction at the end thereof, at the
Article 795 law in force when will was executed presence of witnesses
Attested & subscribed by at least 3 credible witnesses
Same rule (assumption: will is being probated here) in the presence of the testator and of one another
Each & every page must be signed by the testator or
2. Governing law as to place by the person requested by him to write is name, & by
instrumental witnesses in the presence of each other,
Law of citizenship on the left margin

1
Each & every page of the will must be numbered
correlatively in letters placed on the upper part of
each page
Must contain an attestation clause, stating the
following:
The number of pages of the will
Fact that the testator signed the will & every page
in the presence of witnesses, or caused some other
person to write his name under his express
direction
All witnesses signed the will & every page thereof
in the presence of the testator & of one another
Must be acknowledged before a notary public
Additional requisite if deaf or mute:
Must either:
1. Read will personally, if able to do
so;
2. Otherwise, he shall designate 2 persons to
read it & communicate to him the contents
Additional requisite if blind:
Will shall be read to him twice:
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom it is
acknowledged
REQUISITES OF HOLOGRAPHIC WILL:
In writing
Executed in a language or dialect known to the
testator
Entirely written, dated & signed by the hand of the
testator himself
AMENDING A WILL:
Notarial will can only be amended through a codicil
Holographic will can be amended in 3 ways:
Dispositions may be added below the signature,
PROVIDED that said dispositions are also dated &
signed & everything is written by the hand of the
testator himself
Certain dispositions or additional matter may be
suppressed or inserted PROVIDED that sad
cancellation is signed by the testator & is written
by the testator himself (no need to be detailed)
Executing a codicil which may either be notarial or
holographic
Effect of cancellation, addition insertion), or
erasure on the validity of the will
If made by the hand of the testator &
authenticated by him: alters the will without
affecting its validity
If made by the hand of the testator but was not
authenticated by him: deemed as if not written at
all
If made by testator but not handwritten: entire will
is nullified
By a stranger & the testator has authenticated the
same: entire will is nullified
Made by a stranger but not authenticated by the
testator: deemed as if not written at all
What is a codicil? It is a supplementary or addition
to a will, made after the execution of the will &
annexed to be taken as part by which any disposition in
the original will may be explained, added to or altered.
Qualifications of a witness and a testator:
Witness TESTATOR
At least 18 years old
Physically fit (not deaf, dumb, blind)
Literate, able to read and write
No prior conviction for perjury/false
testimony/falsification
Not the notary public before whom the will is
acknowledged
Sound mind
Domiciled in the Philippines
Same
May be blind, deaf or deaf-mute
No literacy requirement
No such requirement
No such requirement
Same
7. No such requirement
REVOCATION OF A WILL:
By implication of law
By the execution of a documentation with all the
requisites of a will
By the physical act of destruction coupled with the
intent to revoke
PROBATE It is a the special proceeding by which the
validity of a will maybe established
Matters to be proved in a probate:
Whether the instrument which is offered for probate is
the last will and testament of the decedent
Whether the will has been executed in accordance with
the formalities prescribed by law
Whether the testator had testamentary capacity at the
time of the execution of the will
GROUNDS FOR DISALLOWANCE OF A WILL:
The testator did not possess testamentary capacity at
the time of execution
The testator failed to comply with prescribed
formalities
The execution of the will is attended by a vice of
consent
INSTITUTION OF HEIR an act by virtue of which a
testator designates in his will the person or persons
who are to succeed him in his property and
transmissible rights and obligations
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 involuntary (as its an omission to mention as an heir
Requisites for a valid institution of heir: or though mentioned, isnt instituted as an heir)

Legal cause is present

Designation in will of person/s to succeed
Will specifically assigns to such person an inchoate Presumed by law to be a mere oversight
share in the estate
The person so named has capacity to succeed Even a compulsory heir may be totally excluded
The will is formally valid
No vice of consent is present Compulsory heir is merely restored to his legitime
No preterition results from the effect of such will

3 principles in the institution of heirs: Requisites for a valid disinheritance

Equality: heirs who are instructed without a
designation of shares inherit in equal parts
Individuality: heirs collectively instituted are
deemed individually named unless contrary intent
is proven
Simultaneity: when several heirs are instituted,
they are instituted simultaneously & not
successively
Rules regarding a persons right to dispose of
his estate:
Heir disinherited must be designated by name or in
such a manner as to leave no room for doubt as to who
it is intended
Disinheritance must be for a cause designated by law
It must be made in valid will
It must be made expressly, stating the cause in the will
itself
Cause must be certain & true, & must be proved by
interested heirs if the person disinherited should deny
it
It must unconditional
Must be total
Summary of causes of disinheritance GROUNDS FOR
DISINHERITANCE

If one has no compulsory heirs: CHILDREN/

He can give his estate to any person qualified to
inherit under him DESCENDANTS
However, he must respect restrictions imposed by
special laws PARENTS/
If one has compulsory heirs:
He can give only the disposable portion to ASCENDANTS
strangers
Legitimes of compulsory heirs must be respected SPOUSE

UNWORTHINESS
PRETERITION:
1
1. There must be an omission of one, some or all
of the heir/s in the will Guilty/convicted of attempt against life of testator/
spouse/ ascendant/ descendant

The omission must be that of a COMPULSORY HEIR GROUNDS FOR DISINHERITANCE

Compulsory heir omitted must be of the DIRECT
LINE CHILDREN/
The omitted compulsory heir must be LIVING at the
time of testators death or must at least have been DESCENDANTS
CONCEIVED before the testators death
PARENTS/

Effects of preterition: ASCENDANTS

SPOUSE
The institution of heirs is annulled UNWORTHINESS
Devises & legacies shall remain valid as long as
they arent officious 2

Accused testator/ decedent of crime punishable by

DISINHERITANCE It is the act by which the imprisonment of more than 6 years, found groundless,
testator, for just cause, deprives a compulsory heir false
of his right to the legitime.

Preterition vs.
Disinheritance Disinheritance PRETERITION
Express deprivation of legitime
Tacit deprivation of legitime
3
Causes testator/ decedent to make will or change one
by fraud, violence, intimidation, or undue influence

Always voluntary 4
May also be voluntary but is presumed to be

3
Unjustified refusal to support testator
5 d. Reciprocal
Convicted of adultery or concubinage with spouse
of testator / decedent
6 property so inherited. The heir instituted to such
Maltreatment of testator by word & deed
7
Leading a dishonorable or disgraceful life
8 A 2nd heir or fideicommissary substitute
Conviction of crime which carries penalty of civil
interdiction
9 the fiduciary
Abandonment of children or inducing children to
live corrupt and immoral life or attempted against
virtue
10
Loss of parental authority
11
Attempt by one parent against life of the other
UNLESS theres reconciliation between parents
12
Spouses given cause for legal separation
13
Failure to report violent death of decedent within 1
month, unless authorities have already taken
action
14
Force, violence, intimidation or undue influence to
prevent another from making a will or revoking one
already made or who supplants or alters the
latters will
15
Falsifies or forges a supposed will of the decedent
Causes of vacancy in succession:
The testator creates it himself disinheritance
The does something repudiates
Something happens to the heir incapacitated /
predecease
How are vacancies filled:
Substitution
Representation
Accretion
Classes of substitution 1. Singular or vulgar
substitution
a. Simple
b. Brief
c. Compendious
2. Fideicommissary Substitution
FIDEICOMMISSARY SUBSTITUTION A substitution is a
fideicommissary substitution if the testator institutes
an heir with an obligation to deliver to another the
condition is called the first heir or fiduciary heir, the
one to receive the property is the fideicommissary or
second heir.
Requisites of a fideicommissary substitution:
A 1st heir or fiduciary is first called to the enjoyment of
the property so inherited
An obligation clearly imposed on the fiduciary to
preserve & transmit the property to a fideicommissary
substitute
The substitution doesnt go beyond the 1st degree of
The fideicommissary substitution is made expressly
Both the fiduciary & the fideicommissary substitute are
living or at least conceived at the time of the death of
the testator
The fideicommissary substitution is imposed on the
free portion of the estate & not on the legitime
LEGITIME - It is that part of the testators property
which he cannot dispose of because the law has
reserved it for certain heirs called compulsory heirs.
Different classes of heirs:
Voluntary heirs succeed by virtue of a will
Legal or intestate heirs succeed by operation of law
in the absence of a will
Compulsory heirs succeed because the law reserved
for them
Classes Compulsory Heirs:
Primary
Legitimate children & their descendants (legitimate)
Surviving spouse (legitimate)
Illegitimate children & their descendants (legitimate or
illegitimate)
Secondary
Legitimate parents & ascendants (legitimate) inherit
only in default of 1a
Illegitimate parents (no other ascendants) inherit only
in default of 1a & 1c
Summary of legitimes of compulsory heirs:
SURVIVING RELATIVES
LEGITIMATE CHILDREN & DESCENDANTS
SURVIVING SPOUSE
ILLEGITIMATE CHILDREN
LEGITIMATE PARENTS & ASCENDANTS
ILLEGITIMATE PARENTS
Legitimate children alone
(divided by the # of children)
1 legitimate child surviving spouse
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 heir & reduction of devises and legacies)

2. If the impairment is partial, then the compulsory

heirs is entitled to completion of legitime under Article
SURVIVING RELATIVES 906
LEGITIMATE CHILDREN & DESCENDANTS
SURVIVING SPOUSE 3. If the impairment is thru donation, then remedy is
ILLEGITIMATE CHILDREN collation.
LEGITIMATE PARENTS & ASCENDANTS
ILLEGITIMATE PARENTS
Legitimate children RESERVA TRONCAL It is that part of the decedents
Surviving spouse property that an ascendant, who inherits by operation
(divided by no. of children) of law from his descendants which the latter may have
acquired by gratuitous title from another ascendant or
Same as the share @ legit child sibling, is obliged by law to reserve such property for
Legitimate children the benefit of 3rd degree relatives who belong to the
Illegitimate children line from which the property which otherwise will go to
certain specific heirs but which law reserves to certain
of the share of @ legit child predetermined heirs.

1 legitimate child surviving spouse illegitimate Order of payment in case estate is INSUFFICIENT to
children cover legacies & devises

1. Remuneratory legacies or devises

of the share of @ legit child 2. Preferential legacies or devises declared by
testator
2 or more legitimate children surviving spouse 3. Legacies for Support
Illegitimate children 4. Legacies for Education
(divided by no. of children) 5. Legacies or devises for Specific, determinate thing
Same as the share of @ legit child 6. All others, pro-rata
of the share of @ legit child
Causes for legal or intestate succession
Legitimate parents alone Person dies without a will
Person dies with void will
Person dies with a will that subsequently loses validity
Legitimate parents Will doesnt institute an heir or institution is void
Illegitimate children Will doesnt dispose of ALL property belonging to the
testator
Suspensive condition attached to the institution of the
heir doesnt happen or isnt fulfilled
Legitimate parents Heir predeceases, or repudiates the inheritance
Surviving spouse Incapacity of the heir

Legitimate parents 2 fundamental underlying principles in legal or

Surviving spouse intestate succession
Illegitimate children
1/8 Rule of Proximity nearer exclude the more remote
Rule of Equal Division equal division within the same
group
Illegitimate children alone Grounds when the right of representation will be
(divided by no. of children) available:
Disinheritance
Illegitimate children Incapacity
Surviving spouse Predecease
1/3
1/3 (divided by no. of children) Who can exercise right of representation
Intestate succession only: heirs in the collateral line,
Surviving spouse alone but only in favor of the children of siblings
or 1/3 if marriage in articulo mortis Both testate & intestate succession: heirs in the
descending line, NEVER in the ascending line
Illegitimate parents alone Order of Intestate succession of a legitimate child, an
illegitimate child and an adopted child
Illegitimate parents Legitimate Child ILLEGITIMATE CHILD
Surviving spouse
ADOPTED CHILD 1
Legitimate child and legitimate descendants
legitimate child & legitimate descendants
Remedy of compulsory heir in case of legitimate child & legitimate descendants
impairment of legitime:
2
1. If the impairment is total them there may be Legitimate parents & legitimate ascendants
preterition if the compulsory heir preterited is illegitimate children & legitimate or illegitimate
either an ascendant or descendant. Article 854 descendants
would come into play (annulment of institution of illegitimate children & legitimate or

5
illegitimate descendants
Collaterals in the same degree
3
State
Illegitimate children & left or
illegitimate descendants No one

illegitimate parents Everyone

legitimate or illegitimate parents &
legitimate ascendants, adoptive parents No one

Surviving spouse Summary of intestate shares:

surviving spouse
surviving spouse
Legitimate children & legitimate descendants
5 alone
Intestate Heir SHARE AS LEGITIME
Legitimate siblings, nephews, nieces
illegitimate siblings, nephews, nieces SHARE AS FREE DISPOSAL
siblings, nephews, nieces
TOTAL INTESTATE SHARE
6
Legitimate children
Legitimate collateral relatives
State
State

7
1
State
TOTAL
Order of succession & concurrence in intestate
succession Intestate Heir EXCLUDES
EXCLUDED BY CONCURS WITH
Legitimate children & Legitimate descendants
Ascendants, collaterals & state 1
No one

Surviving spouse
Illegitimate children
Illegitimate children & Descendants
Illegitimae parents, collaterals & state One legitimate child and surviving spouse
No one Intestate Heir SHARE AS LEGITIME
Surviving spouse
Legitimate children & legitimate parents SHARE AS FREE DISPOSAL
Legitimate parents & legitimate descendants
Collaterals & state TOTAL INTESTATE SHARE
Legitimate children
Illegitimate children & surviving spouse Legitimate child
Illegitimate parents
Collaterals & state
Legitimate children & illegitimate children
Surviving spouse
Surviving spouse
Collaterals other than siblings, nephews and nieces
No one
Legitimate children Surviving spouse
Illegitimate children
Legitimate parents & Illegitimate parents
Siblings, nephews nieces
All other collaterals & state
Legitimate children, illegitimate children,
Legitimate parents & illegitimate parents
Surviving spouse
Other collaterals within 5th degree TOTAL
Collateral remoter in degree & state
Legitimate children

Illegitimate children

Legitimate parents 1

Illegitimate parents &

Surviving spouse

6
Legitimate children & surviving spouse
Intestate Heir SHARE AS LEGITIME TOTAL INTESTATE SHARE

SHARE AS FREE DISPOSAL Legitimate child

TOTAL INTESTATE SHARE

Legitimate children Remaining portion of estate after paying legitimes to

be divided by the ration of 2 for @ legitimate child, 1
for @ illegitimate child

Remaining portion of estate after paying Whole estate divided by the ratio of 2 @ legitimate
child
Whole estate divided equally between total
number of children plus the surviving spouse Illegitimate child

Surviving spouse share of @ legitimate child

Same as share of @ legitimate child 1 for @ illegitimate child

Legitimes to be divided equally between total no. 1 for @ illegitimate child

of children plus the surviving spouse
Surviving spouse
No. of children plus the surviving spouse

TOTAL
& 2 for the surviving spouse
Varies on no. of children
Legitimes wouldnt be impaired
Varies on no. of children
TOTAL
1
Varies depending on no. of illegitimate children

Varies depending on no. of illegitimate children

Legitimate children & illegitimate children 1

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE Legitimate children, illegitimate children &

surviving spouse
Legitimate children Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

Remaining portion of estate after paying TOTAL INTESTATE SHARE

Whole estate divided by the ration of 2 for each Legitimate children

legitimate child
Illegitimate children
share of @ legitimate child
Legitimes to be divided by the ration of 2 for @
legitimate child, 1 for @ illegitimate child
1 for @ illegitimate child provided that legitimes
wouldnt be impaired
Remaining portion of estate, if any after paring
legitimes to be divided by the ratio of 2 for @
legitimate child
Whole estate divided by the ratio of 2 for @ legitimate
child
Illegitimate children

TOTAL share of @ legit child

Varies on no. of children 1 for @ illegitimate child

Varies on no. of children 1 for @ illegitimate child

Surviving spouse

& 2 for the surviving spouse

One legitimate child, illegitimate children, &
surviving spouse & 2 for the surviving spouse provided that legitimes
Intestate Heir SHARE AS LEGITIME wont be impaired

SHARE AS FREE DISPOSAL TOTAL

7
 Legitimate parents
Varies depending on no. of illegitimate children

Varies depending on no. of illegitimate children

Surviving spouse

Legitimate parents alone 1/8

Intestate Heir SHARE AS LEGITIME
1/8
SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE
TOTAL
Legitimate parents

1
1

TOTAL

Legitimate parents, surviving spouse &

illegitimate children
Intestate Heir SHARE AS LEGITIME

1 SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children
Legitimate parents & illegitimate children
Intestate Heir SHARE AS LEGITIME 1/3

SHARE AS FREE DISPOSAL 1/6

TOTAL INTESTATE SHARE

Legitimate parents Surviving spouse

1/8

1/8

Illegitimate children Illegitimate children

1/4

TOTAL TOTAL

7/8

1/8

1 1

Legitimate parents & surviving spouse Illegitimate children alone

Intestate Heir SHARE AS LEGITIME Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE TOTAL INTESTATE SHARE

Illegitimate children alone

8

Illegitimate parents alone
Intestate Heir SHARE AS LEGITIME
1 SHARE AS FREE DISPOSAL
TOTAL TOTAL INTESTATE SHARE
Illegitimate children

1

Illegitimate children & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children

1/3
Illegitimate parents & surviving spouse
1/6 Intestate Heir SHARE AS LEGITIME
SHARE AS FREE DISPOSAL
Surviving spouse TOTAL INTESTATE SHARE
1/3 Illegitimate parents
1/6

TOTAL
2/3 Surviving spouse
1/3
1

TOTAL
Surviving spouse
Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE 1

Surviving spouse

or 1/3

or 1/3
Siblings, nephews & nieces alone
1 Intestate Heir SHARE AS LEGITIME
TOTAL SHARE AS FREE DISPOSAL
or 1/3 TOTAL INTESTATE SHARE
or 1/3 Siblings, nephews, nieces
1

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1 General Rule: Conveys only interest or part owned by
testator
TOTAL
Exception: if testator otherwise provides

a. He may convey more than what he owns - the

state shld try to acquire the part or interest owned by
other parties. If other parties are unwilling to alienate,
1 the estate should give the legatee/devisee the
monetary equivalent (analogy with Article 931)

b. He may convey less than what he owns (Article

794)
Surviving spouse, siblings, nephews & nieces
Intestate Heir SHARE AS LEGITIME Thing owned by another (Articles 930-931)

SHARE AS FREE DISPOSAL General Rule:

TOTAL INTESTATE SHARE a. If testator ordered acquisition of the thing - the

order should be complied with. If the owner is unwilling
Surviving spouse to part with the thing, the legatee/devisee should be
given the monetary equivalent

b. If testator erroneously believed that the thing

belonged to him - legacy/device is void

Exception: if testator acquire the thing onerously or

gratuitously after making of the disposition, disposition
Siblings, nephews, nieces is validated

c. If testator knew that the thing did not belong to

him but did not order its acquisition - code is silent but
disposition shld be considered valid (Balane &
Tolentino) - there is an implied order to acquire &
doubts must be resolved in favor of intestacy

TOTAL

Thing already owned to the legatee/devisee (Articles

932-933)

a. If thing already belonged to legatee/devisee at

1 time of execution of will legacy/devise is void

b. If thing was owned by another person at time of

making the will and thereafter it is acquired by
Requisites for accretion to take place: legatee/devisee

1. If testator erroneously believed that he owned the

Unity of object
Plurality of heirs
Some of the heirs cannot or are disqualified to
accept (R.I.P)
Others are accepting &
There has been earmarking
Incapacity to succeed because of possible undue
influence
Priest who heard confession during last illness & his
relatives with thin the 4th degree & the order,
chapter, etc., to which the priest belongs
Guardian before final accounts have been
approved EXCEPT if an ascendant, descendant,
sibling, spouse
Attesting witness to execution of will & their
spouses, parents, children or any one claiming
under them
Physician, surgeon, nurse who took care of testator
during his last illness
Individuals, associations, corporations not
permitted by law to inherit
Validity and Effect of Legacy/Devise
thing legacy /devise is void
2. If testator was not in error -
i. If thing was acquired onerously by L/D
L/D entitled to be reimbursed
ii. If thing was acquired gratuitously by L/D nothing
is due
iii. If thing was owned by testator at time will was
made and L/D acquired the thing from him thereafter
law is silent (Balane: deemed revoked)
Legacy/Devise to remove an encumbrance over a thing
belonging to testator (Article 932 par 2)
Valid, if the encumbrance can be removed for a
consideration
Legacy/Devise of a thing pledged or mortgaged (Article
934)
The encumbrance must be removed by paying the
debt unless the testator intended otherwise

Thing owned in part by testator (Article 929) COLLATION - To collate is to bring back or to

10
return to the hereditary mass, in fact or by fiction,
property which came from the estate of the
decedent, during his lifetime, but which the law
considers as an adverse from the inheritance. It is
the act by virtue of which, the persons who concur
in the inheritance bring back to the common
hereditary mass the property which they have
received from him, so that a division may be
effected according to law & the will of the
testator.
Important periods to remember:
1 month or less before making a will
Testator, if publicly known to be insane, burden of
proof is on the one claiming validity of the will
20 years
Maximum period testator can prohibit alienation of
dispositions
5 years from delivery to the State
To claim property escheated to the State
1 month
To report knowledge of violent death of decedent
lest he be considered unworthy
5 years from the time disqualified person took
possession
Action for declaration of incapacity & for recovery
of the inheritance, devise or legacy
30 days from issuance of order of distribution
Must signify acceptance/repudiation otherwise,
deemed accepted
1 month form written notice of sale
Right to repurchase hereditary rights sold to a
stranger by a co-heir
10 years
To enforce warranty of title/quality of property
adjudicated to co-heir from the time right of action
accrues
5 years from partition
To enforce warranty of solvency of debtor of the
estate at the time partition is made
4 years form partition
Action for rescission of partition on account of
lesion
SUCCESSION
GENERAL PROVISION
Succession - is a mode of acquisition by virtue of
which the property, rights and obligations to the
extent of the value of the inheritance, of a person
are transmitted through his death to another or
others either by his will or by operation law.
- Mode of transmitting ownership.
Basis of succession
Rights over property
The right of the family (intestate succession)
Eclectic theory tries to harmonize the two principles
individual and social.
Kinds
Testamentary or testacy by will or codicil
Legal or intestacy operation of law, if the will is
invalid
Mixed partly by will and by legal
Elements
Subjective element (art. 775)
a. Decedent applies to a deceased person whose
property is transmitted whether he left a will or not.
- Testator a person who left a will
b. Inheritance all property, rights and obligations of
a person which are not extinguished by his death.
(776)
Obligations of the deceased are only up to the value of
the inheritance left by him to his heirs. (it is right to say
that debts are not inherited; Estate debts =
inheritance)
In general, obligations are transmissible, unless purely
personal like obligations between husband and wife,
and those non-transferrable by law or contract.
Example of rights extinguished by death
a. Personal rights like marital rights, parental
authority, support, action for legal separation,
partnership, and agency.
b. Right to recognition of a legitimate or an
illegitimate child.
Except when actions has already been filed. Also
actions transmitted to heirs if child dies during minority
or a state of insanity. Heirs have 5 years to file the
action. (173 FC)
Actions already commenced survives notwithstanding
death of the party.id
Action for adoption is not extinguished by death of the
adopter. (sec. 13. RA 8552)
c. Right to hold office or job, public or private.
d. Right of a lawyer to represent his client.
Rights to succession are transmitted from the moment
of death of the decedent. (777)
Heirs become owners on date of the decedents death,
although properties are delivered to them later.
Both acceptance and repudiation retroact to the
moment of death.
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Inheritance includes not only transmissible rights It does not matter if the will is admitted, transmission
and obligations at the time of death, but also those is at the moment of death.
accrued since the opening of the succession. (781)

Condition actual or personal

HEIR - called to succession by will or operation of
law; also one who succeeds by universal title or to - Properties and rights are transmissible
all or a fraction or aliquot part of the estate. May
be; - Transferee is alive.

Compulsory those who succeed by force Court only decide on the formality of the will
of law to some portion of inheritance in an amount
predetermined by law known as legitime.

Voluntary those instituted by the testator
in his will, to succeed to the inheritance or the
portion thereof of which the testator can freely
dispose.
Death = estate = co-ownership = can validly dispose a
share.
Investigation of paternity must be done during the
lifetime of the parents.

Heirs may be sued

Compulsory heir can also be a voluntary
heir of the free portion.

Declaration of heirship must be in the administration

proceedings and not in a separate proceeding.
Devisee one given a gift of real property in a will.

Legatee one given a gift of personal property in a

will. Court has no power to order to sell pending
determination of validity of administration.
This two preceding exist only in
testamentary succession.

In preterition, an instituted heir gets If heir is unduly deprived he has 2 yrs to act.
nothing, while the legatee or devisee gets the
property given to him as long as the legitime is not
impared.
If the administrator sells it is also considered as the
Imperfect inheritance heir is selling. The heirs are not stranger to the
transaction.
After - acquired properties

Acceptance or non repudation of

successiona rights. Inventory = is not an incidental duty of the
administrator, the administrator can solely be held
liable.

DUAL STATUS of HEIR Concealment of heir can still file a claim because he
is already an owner.

In a will, a compulsory heir may be given more

than his legitime.
He is a compulsory heir with respect to the
legitime. He is a voluntary heir with respect to the
excess.
If a compulsory heir dies ahead of the testator, the
legitime goes to the child by representation.
The child of a voluntary heir who
predeceases the testator gets nothing, because
there is no representation among voluntary heirs
nor in the free portion.

The successor must

Survive the decedent

Willing to accept the inheritance
Capacitated to inherit

Inchoate rights = before the death of the decedent

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