Intestate Succession - is that which is effected by operation of law in default of a will.

It is legal because it
takes place by operation of law; it is intestate because it takes place in the absence of a last will of the
decedent.

Intestate or legal heirs are classified into two groups, namely:

1. those who inherit by their own right
2. those who inherit by the right of representation.

NOTE TO RULES
In intestate succession, the whole estate of the descendant, in default of legitimate children or descendants,
passes to the ascendant by operation of law.

Order of Intestate Succession: LIST

(1) legitimate relatives
(2) illegitimate relatives
(3) surviving spouse
(4) the State.

Art. 960. Legal or intestate succession takes place:

(1) When the heir instituted is incapable of succeeding

(2) When there is preterition in the will of one or all of the compulsory heirs in the direct line
(3) When the will does not institute an heir to, or dispose of all the property belonging to the testator,
legal succession shall take place only to that property not disposed;
(4) When a testamentary disposition is impossible of compliance or is ineffective.
(5) When a testamentary disposition is subject to a resolutory condition and such condition is fulfilled
(6) When a testamentary disposition is subject to a term or period and such term or period expires
(7) If a person dies w/o a will, or with a void will, or one has lost its validity
(8) If the suspensive condition attached to the institution of heir is not fulfilled, or the heir dies before the
testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes
place

Rule of preference between lines

those in the direct descending line shall exclude in the succession those in the direct ascending and
collateral lines, and those in the direct ascending line shall, in turn, exclude those in the collateral line

Proximity Rule
the relative nearest in degree excludes the more distant ones, saving the right of representation when
it properly takes place. Exception: right of representation

Rule of Equal Division

Relatives of the same degree shall inherit in equal shares.
Exceptions:
a. when the inheritance is divided between paternal and maternal grandparents
b. when the inheritance is divided among brothers and sisters, some of whom are of the full blood
and others of the half blood
c. in certain cases, when the right of representation takes place.

A direct line
is that constituted by the series of degrees among ascendants and descendants
A collateral line
is that constituted by the series of degrees among persons who are not ascendants and descendants,
but who come from a common ancestor.

Right of representation
the representative is raised to the place and the degree of the person represented, and acquires the
rights which the latter would have if he were living or if he could have inherited.
Characteristics of the right of representation

1. it is a right of subrogation
2. it is an exception to the rule of proximity and the rule of equal division
3. the representative is called to the succession by the law and not by the person represented
4. the representative succeeds the decedent and not the person represented
5. it can only take place when there is vacancy in the inheritance by either predecease, or incapacity,
or disinheritance of an heir
6. the right can be exercised only by grandchildren or descendants of the decedent

When Representation Takes Place

1. when the person represented dies before the testator

2. when the person represented is incapable of succeeding the testator
3. when the person represented is disinherited by the testator

Representation in Collateral Line

1. The right can be exercised only by nephews and nieces of the decedent, it cannot be exercised by
grandnephews and grandnieces.
2. The right can be exercised by the nephews or nieces of the decedent if they will concur with at least one
brother or sister of the decedent. Otherwise, if they are the only survivors, they shall inherit in their own
right and not by right of representation.

The regular order of intestate succession is as follows: LLISBOS

(1) Legitimate children or descendants;

(2) Legitimate parents of ascendants;
(3) Illegitimate children or descendants;
(4) Surviving spouse;
(5) Brothers and sisters, nephews and nieces;
(6) Other collateral relatives within the fifth degree; and
(7) State.

The irregular order of intestate succession is as follows: LIISBS

(1) Legitimate children or descendants;

(2) Illegitimate children or descendants;
(3) Illegitimate parents;
(4) Surviving spouse;
(5) Brothers and sisters, nephews and nieces
(6) State
Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise
or lega- cy, the part assigned to one who renounces or cannot receive his share, or who died before testator,
is added or incorporated to that of his co-heirs, co-devisees, or co-legatees.

Reason for Accretion:

(1) predecease
(2) incapacity
(3) repudiation

In Accretion, it shall be necessary:

(1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated
to receive it.

Concept of earmarking
The words one-half for each or in equal shares or any others which, though designating an aliquot
part, do not identify it by such description as shall make each heir the exclusive owner of determinate
property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right
of accretion.

Requisites to capacity to succeed

(1) that the heir, legatee or devisee must be living or in existence at the moment the succession opens
(2) that such heir, legatee or devisee must not be incapacitated by law to succeed.

Kinds of incapacity
(1) Incapacity Arising from Possible Undue Influence
(1) Any person with whom the testator was guilty of adultery or concubinage at the time of the
making of the will;
(2) Any person found guilty of the same criminal offense as the testator, where the disposition is
the consideration thereof; and
(3) Any public officer or his spouse, descendant, or ascendant, where the disposition is given by
reason of the office of such public officer.

(2) Incapacity by Reason of Morality or Public Policy

Art. 1027. The following are incapable of succeeding:

(1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel
who extended spiritual aid to him during the same period;
(2) The relatives of such priest or minister of the gospel within the 4th degree, the church, order,
chapter, community, organization, or institution to which such priest or minister may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final
accounts of the guardianship have been approved, even if the testator should die after the approval
thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his
ascendant, descendant, brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming
under such wit- ness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last
illness;
(6) Individuals, associations and corporations not permitted by law to inherit.