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CIVIL L AW (SUCCESSIO N)
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 of law. Art. 774 speaks of succession mortis causa; also defines the term. CHARACTERISTICS OF SUCCESSION: 1. Mode of acquisition 2. The property, rights & obligations to the extent of the value of the inheritance of a person transmitted 3. The transmission takes place only by virtue of death/ NOT DURING LIFE 4. The transmission takes place either by will or by operation of law 5. The transmission to another(grantee, or transferee, heir, legatee, or divisee) REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting of the successional right): 1. Death of the decedent 2. Express will of the testator calling succession and/or provision of law prescribing successors 3. Rights or properties are transmissible 4. Transferee is still alive (didnt predecease) 5. Transferee is capacitated to inherit 6. 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 Treatment of accruals under the laws of succession: 1. a. Article 793 refers to accruals after the making of the will b. Article 781 refers to accruals after the death of the testator 2. a. Article 793 accruals dont always pertain to the testate heirs b. Article 781 accruals will always pertain to the testate heirs Will an act whereby a person is permitted, with the formalities prescribed by law, to control, to a certain degree the disposition of his estate, to take effect after his death. Validity of wills EXTRINSIC 1. Governing law as to time 2. Governing law as to place

FOR FILIPINOS Article 795 law in force when will was executed Law of citizenship Law of domicile Law of residence Law of place of execution Philippine law FOR FILIPINOS Article 2263 law at time of death Article 16, Article 1039 Philippine law

FOR FOREIGNERS Same rule (assumption: will is being probated here) Law of citizenship Law of domicile Law of residence Law of place of execution Philippine law FOR FOREIGNERS Article 16, Article 1039 depends on personal law Article 16, Article 1039 national law

INTRINSIC 1. Governing law as to time 2. Governing law as to place

Testamentary Capacity 1. All persons not expressly prohibited by law 2. 18 years old and above 3. Sound mind 2 Kinds of Wills:

CIVIL L AW (SUCCESSIO N)
1. Notarial will Articles 804-806, & 807-808 in special cases 2. Holographic Articles 804 & 810 Common requirements that apply to the 2 kinds of wills 1. In writing 2. In a language or dialect known to the testator REQUISITES FOR VALID NOTARIAL WILL: 1. In writing 2. Executed in a language or dialect known to the testator 3. Subscribed by the testator himself or by the testators name written by some other person in his presence & under his express direction at the end thereof, at the presence of witnesses 4. Attested & subscribed by at least 3 credible witnesses in the presence of the testator and of one another 5. Each & every page must be signed by the testator or by the person requested by him to write is name, & by instrumental witnesses in the presence of each other, on the left margin 6. Each & every page of the will must be numbered correlatively in letters placed on the upper part of each page 7. Must contain an attestation clause, stating the following: a. The number of pages of the will b. 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 c. All witnesses signed the will & every page thereof in the presence of the testator & of one another 8. 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: 1. In writing 2. Executed in a language or dialect known to the testator 3. Entirely written, dated & signed by the hand of the testator himself AMENDING A WILL: 1. Notarial will can only be amended through a codicil 2. Holographic will can be amended in 3 ways: a. 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 b. 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) c. Executing a codicil which may either be notarial or holographic Effect of cancellation, addition insertion), or erasure on the validity of the will 1. If made by the hand of the testator & authenticated by him: alters the will without affecting its validity 2. If made by the hand of the testator but was not authenticated by him: deemed as if not written at all 3. If made by testator but not handwritten: entire will is nullified 4. By a stranger & the testator has authenticated the same: entire will is nullified

CIVIL L AW (SUCCESSIO N)
5. 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 1. At least 18 years old 2. Physically fit (not deaf, dumb, blind) 3. Literate, able to read and write 4. No prior conviction for perjury/false testimony/falsification 5. Not the notary public before whom the will is acknowledged 6. Sound mind 7. Domiciled in the Philippines

1. 2. 3. 4.

TESTATOR Same May be blind, deaf or deaf-mute No literacy requirement No such requirement

5. No such requirement 6. Same 7. No such requirement

REVOCATION OF A WILL: 1. By implication of law 2. By the execution of a documentation with all the requisites of a will 3. 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: 1. Whether the instrument which is offered for probate is the last will and testament of the decedent 2. Whether the will has been executed in accordance with the formalities prescribed by law 3. Whether the testator had testamentary capacity at the time of the execution of the will GROUNDS FOR DISALLOWANCE OF A WILL: 1. The testator did not possess testamentary capacity at the time of execution 2. The testator failed to comply with prescribed formalities 3. 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 Requisites for a valid institution of heir: 1. Designation in will of person/s to succeed 2. Will specifically assigns to such person an inchoate share in the estate 3. The person so named has capacity to succeed 4. The will is formally valid 5. No vice of consent is present 6. No preterition results from the effect of such will 3 principles in the institution of heirs: 1. Equality: heirs who are instructed without a designation of shares inherit in equal parts 2. Individuality: heirs collectively instituted are deemed individually named unless contrary intent is proven 3. Simultaneity: when several heirs are instituted, they are instituted simultaneously & not successively Rules regarding a persons right to dispose of his estate:

CIVIL L AW (SUCCESSIO N)
1. If one has no compulsory heirs: a. He can give his estate to any person qualified to inherit under him b. However, he must respect restrictions imposed by special laws 2. If one has compulsory heirs: a. He can give only the disposable portion to strangers b. Legitimes of compulsory heirs must be respected PRETERITION: 1. There must be an omission of one, some or all of the heir/s in the will 2. The omission must be that of a COMPULSORY HEIR 3. Compulsory heir omitted must be of the DIRECT LINE 4. The omitted compulsory heir must be LIVING at the time of testators death or must at least have been CONCEIVED before the testators death Effects of preterition: 1. The institution of heirs is annulled 2. Devises & legacies shall remain valid as long as they arent officious DISINHERITANCE It is the act by which the testator, for just cause, deprives a compulsory heir of his right to the legitime. Preterition vs. Disinheritance DISINHERITANCE Express deprivation of legitime Always voluntary

Legal cause is present Even a compulsory heir may be totally excluded

PRETERITION Tacit deprivation of legitime May also be voluntary but is presumed to be involuntary (as its an omission to mention as an heir or though mentioned, isnt instituted as an heir) Presumed by law to be a mere oversight Compulsory heir is merely restored to his legitime

Requisites for a valid disinheritance 1. 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 2. Disinheritance must be for a cause designated by law 3. It must be made in valid will 4. It must be made expressly, stating the cause in the will itself 5. Cause must be certain & true, & must be proved by interested heirs if the person disinherited should deny it 6. It must unconditional 7. Must be total Summary of causes of disinheritance GROUNDS FOR CHILDREN/ DISINHERITANCE DESCENDA
NTS

PARENTS/
ASCENDANT S

SPOUSE

UNWORTHI
NESS

1 Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant

CIVIL L AW (SUCCESSIO N)

GROUNDS FOR
DISINHERITANCE

CHILDREN/ DESCENDA
NTS

PARENTS/ ASCENDANT S *

SPOUSE

UNWORTHI
NESS

2 Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found groundless, false 3 Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue influence 4 Unjustified refusal to support testator 5 Convicted of adultery or concubinage with spouse of testator / decedent 6 Maltreatment of testator by word & deed 7 Leading a dishonorable or disgraceful life 8 Conviction of crime which carries penalty of civil interdiction 9 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: 1. The testator creates it himself disinheritance 2. The does something repudiates 3. Something happens to the heir incapacitated / predecease How are vacancies filled: 1. Substitution

CIVIL L AW (SUCCESSIO N)
2. Representation 3. Accretion Classes of substitution 1. Singular or vulgar substitution a. Simple b. Brief c. Compendious d. Reciprocal 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 property so inherited. The heir instituted to such 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: 1. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited 2. A 2nd heir or fideicommissary substitute 3. An obligation clearly imposed on the fiduciary to preserve & transmit the property to a fideicommissary substitute 4. The substitution doesnt go beyond the 1st degree of the fiduciary 5. The fideicommissary substitution is made expressly 6. Both the fiduciary & the fideicommissary substitute are living or at least conceived at the time of the death of the testator 7. 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: 1. Voluntary heirs succeed by virtue of a will 2. Legal or intestate heirs succeed by operation of law in the absence of a will 3. Compulsory heirs succeed because the law reserved for them Classes Compulsory Heirs: 1. Primary a. Legitimate children & their descendants (legitimate) b. Surviving spouse (legitimate) c. Illegitimate children & their descendants (legitimate or illegitimate) 2. Secondary a. Legitimate parents & ascendants (legitimate) inherit only in default of 1a b. Illegitimate parents (no other ascendants) inherit only in default of 1a & 1c Summary of legitimes of compulsory heirs: SURVIVING LEGITIMATE SURVIVING RELATIVES CHILDREN & SPOUSE
DESCENDANTS

ILLEGITIMATE
CHILDREN

LEGITIMATE PARENTS &


ASCENDANTS

ILLEGITIMATE
PARENTS

Legitimate children alone 1 legitimate child surviving spouse

(divided by the # of children)

CIVIL L AW (SUCCESSIO N)

SURVIVING
RELATIVES

LEGITIMATE CHILDREN & DESCENDANTS (divided by no. of children)

SURVIVING
SPOUSE

ILLEGITIMATE
CHILDREN

LEGITIMATE PARENTS &


ASCENDANTS

ILLEGITIMATE
PARENTS

Legitimate children Surviving spouse Legitimate children Illegitimate children 1 legitimate child surviving spouse illegitimate children 2 or more legitimate children surviving spouse Illegitimate children Legitimate parents alone Legitimate parents Illegitimate children Legitimate parents Surviving spouse Legitimate parents Surviving spouse Illegitimate children Illegitimate children alone Illegitimate children Surviving spouse Surviving spouse alone

Same as the share @ legit child of the share of @ legit child of the share of @ legit child of the share of @ legit child

(divided by no. of children)

Same as the share of @ legit child

1/8

1/3

(divided by no. of children) 1/3 (divided by no. of children)

or 1/3 if marriage in articulo mortis

Illegitimate parents alone Illegitimate parents Surviving spouse

Remedy of compulsory heir in case of impairment of legitime: 1. If the impairment is total them there may be preterition if the compulsory heir preterited is either an ascendant or descendant. Article 854 would come into play (annulment of institution of heir & reduction of devises and legacies) 2. If the impairment is partial, then the compulsory heirs is entitled to completion of legitime under Article 906 3. If the impairment is thru donation, then remedy is collation. RESERVA TRONCAL It is that part of the decedents property that an ascendant, who inherits by operation of law from his descendants which the latter may have acquired by

CIVIL L AW (SUCCESSIO N)
gratuitous title from another ascendant or sibling, is obliged by law to reserve such property for the benefit of 3rd degree relatives who belong to the line from which the property which otherwise will go to certain specific heirs but which law reserves to certain predetermined heirs. Order of payment in case estate is INSUFFICIENT to cover legacies & devises 1. Remuneratory legacies or devises 2. Preferential legacies or devises declared by testator 3. Legacies for Support 4. Legacies for Education 5. Legacies or devises for Specific, determinate thing 6. All others, pro-rata Causes for legal or intestate succession 1. Person dies without a will 2. Person dies with void will 3. Person dies with a will that subsequently loses validity 4. Will doesnt institute an heir or institution is void 5. Will doesnt dispose of ALL property belonging to the testator 6. Suspensive condition attached to the institution of the heir doesnt happen or isnt fulfilled 7. Heir predeceases, or repudiates the inheritance 8. Incapacity of the heir 2 fundamental underlying principles in legal or intestate succession 1. Rule of Proximity nearer exclude the more remote 2. Rule of Equal Division equal division within the same group Grounds when the right of representation will be available: 1. Disinheritance 2. Incapacity 3. Predecease Who can exercise right of representation 1. Intestate succession only: heirs in the collateral line, but only in favor of the children of siblings 2. Both testate & intestate succession: heirs in the descending line, NEVER in the ascending line Order of Intestate succession adopted child LEGITIMATE CHILD 1 Legitimate child and legitimate descendants 2 Legitimate parents & legitimate ascendants 3 Illegitimate children & left or illegitimate descendants of a legitimate child, an illegitimate child and an ILLEGITIMATE CHILD legitimate child & legitimate descendants illegitimate children & legitimate or illegitimate descendants illegitimate parents ADOPTED CHILD legitimate child & legitimate descendants illegitimate children & legitimate or illegitimate descendants legitimate or illegitimate parents & legitimate ascendants, adoptive parents surviving spouse siblings, nephews, nieces

4 Surviving spouse surviving spouse 5 Legitimate siblings, illegitimate siblings, nephews, nieces nephews, nieces 6 Legitimate collateral State State relatives 7 State Order of succession & concurrence in intestate succession INTESTATE HEIR EXCLUDES EXCLUDED BY CONCURS WITH Legitimate children Ascendants, No one Surviving spouse & Legitimate collaterals & state Illegitimate children

CIVIL L AW (SUCCESSIO N)
descendants Illegitimate children & Descendants Legitimate parents & legitimate descendants Illegitimate parents

Illegitimate parents, collaterals & state Collaterals & state

No one

Legitimate children

Surviving spouse Legitimate children & legitimate parents Illegitimate children & surviving spouse Surviving spouse

Collaterals & state

Surviving spouse

Collaterals other than siblings, nephews and nieces All other collaterals & state

Legitimate children & illegitimate children No one

Siblings, nephews nieces

Other collaterals within 5th degree

Collateral remoter in degree & state

State

No one

Legitimate children, illegitimate children, Legitimate parents & illegitimate parents Legitimate children Illegitimate children Legitimate parents Illegitimate parents & Surviving spouse Everyone

Legitimate children Illegitimate children Legitimate parents & Illegitimate parents Surviving spouse

Collaterals in the same degree

No one

Summary of intestate shares: 1. Legitimate children & legitimate descendants alone INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate children TOTAL 2. One legitimate child and surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate child Surviving spouse TOTAL 3. Legitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate children Remaining portion of estate after paying

TOTAL INTESTATE SHARE 1 1

TOTAL INTESTATE SHARE 1

Surviving spouse

Same as share of @ legitimate child

TOTAL

Varies on no. of children

Legitimes to be divided equally between total no. of children plus the surviving spouse Varies on no. of children

TOTAL INTESTATE SHARE Whole estate divided equally between total number of children plus the surviving spouse No. of children plus the surviving spouse

4. Legitimate children & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate children Remaining portion of estate after paying

TOTAL INTESTATE SHARE Whole estate divided by the ration

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CIVIL L AW (SUCCESSIO N)
of 2 for each legitimate child 1 for @ illegitimate child provided that legitimes wouldnt be impaired

Illegitimate children

share of @ legitimate child

TOTAL

Varies on no. of children

Legitimes to be divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child Varies on no. of children

5. One legitimate child, illegitimate children, & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE DISPOSAL SHARE Legitimate child Remaining portion of Whole estate divided estate after paying by the ratio of 2 @ legitimes to be legitimate child divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child Illegitimate child share of @ 1 for @ illegitimate 1 for @ illegitimate legitimate child child child Surviving spouse & 2 for the surviving Legitimes wouldnt spouse be impaired TOTAL Varies depending on Varies depending on 1 no. of illegitimate no. of illegitimate children children 6. Legitimate children, illegitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE DISPOSAL SHARE Legitimate children Remaining portion of Whole estate estate, if any after divided by the ratio paring legitimes to of 2 for @ legitimate be divided by the child ratio of 2 for @ legitimate child Illegitimate children share of @ legit 1 for @ illegitimate 1 for @ illegitimate child child child Surviving spouse & 2 for the surviving & 2 for the surviving spouse spouse provided that legitimes wont be impaired TOTAL Varies depending on Varies depending on 1 no. of illegitimate no. of illegitimate children children 7. Legitimate parents alone INTESTATE HEIR SHARE AS LEGITIME Legitimate parents TOTAL

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE 1 1

8. Legitimate parents & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate parents Illegitimate children TOTAL 9. Legitimate parents & surviving spouse

TOTAL INTESTATE SHARE 1

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CIVIL L AW (SUCCESSIO N)
INTESTATE HEIR Legitimate parents Surviving spouse TOTAL SHARE AS LEGITIME 1/8 SHARE AS FREE DISPOSAL 1/8 TOTAL INTESTATE SHARE 1

10. Legitimate parents, surviving spouse & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE DISPOSAL SHARE Illegitimate children 1/3 1/6 Surviving spouse 1/8 1/8 Illegitimate children 1/4 TOTAL 7/8 1/8 1 11. Illegitimate children alone INTESTATE HEIR SHARE AS LEGITIME Illegitimate children alone TOTAL

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE 1 1

12. Illegitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Illegitimate children 1/3 1/6 Surviving spouse 1/3 1/6 TOTAL 2/3 1/3 13. Surviving spouse INTESTATE HEIR SHARE AS LEGITIME Surviving spouse TOTAL or 1/3 or 1/3

TOTAL INTESTATE SHARE 1

SHARE AS FREE DISPOSAL or 1/3 or 1/3

TOTAL INTESTATE SHARE 1 1

14. Illegitimate parents alone INTESTATE HEIR SHARE AS LEGITIME Illegitimate children

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE 1

15. Illegitimate parents & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Illegitimate parents Surviving spouse TOTAL

TOTAL INTESTATE SHARE 1

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CIVIL L AW (SUCCESSIO N)

16. Siblings, nephews & nieces alone INTESTATE HEIR SHARE AS LEGITIME Siblings, nephews, nieces TOTAL

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE 1 1

17. Surviving spouse, siblings, nephews & nieces INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Surviving spouse Siblings, nephews, nieces TOTAL Requisites for accretion to take place: 1. Unity of object 2. Plurality of heirs 3. Some of the heirs cannot or are disqualified to accept (R.I.P) 4. Others are accepting & 5. There has been earmarking

TOTAL INTESTATE SHARE 1

Incapacity to succeed because of possible undue influence 1. Priest who heard confession during last illness & his relatives with thin the 4 th degree & the order, chapter, etc., to which the priest belongs 2. Guardian before final accounts have been approved EXCEPT if an ascendant, descendant, sibling, spouse 3. Attesting witness to execution of will & their spouses, parents, children or any one claiming under them 4. Physician, surgeon, nurse who took care of testator during his last illness 5. Individuals, associations, corporations not permitted by law to inherit Validity and Effect of Legacy/Devise Thing owned in part by General Rule: Conveys only interest or part owned by testator testator (Article 929) 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, 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) Thing owned by another General Rule: (Articles 930-931) a. If testator ordered acquisition of the thing - the order should be complied with. If the owner is unwilling 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 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

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CIVIL L AW (SUCCESSIO N)

Thing already owned to the legatee/devisee (Articles 932-933)

a. If thing already belonged to legatee/devisee at 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 legatee/devisee 1. If testator erroneously believed that he owned the thing legacy /devise is void 2. If testator was not in error -

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 Valid, if the encumbrance can be removed for a consideration an encumbrance over a thing belonging to testator (Article 932 par 2) Legacy/Devise of a thing The encumbrance must be removed by paying the debt unless the pledged or mortgaged testator intended otherwise (Article 934) i. COLLATION - To collate is to bring back or to 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 Action for declaration of incapacity & for took possession recovery of the inheritance, devise or legacy 30 days from issuance of order of Must signify acceptance/repudiation distribution 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