Institution of Heir 840 - Meaning of Institution of Heir 841 - A will shall be valid 842 - One who has no compulsory

heirs 843 - Name and surname; circumstance 844 - Error in the name will not vitiate if able to identify 845 - Unknown person shall be void; definite class or group of persons shall be valid 846 - Equal parts 847 - Some heirs individually and others collectively 848 - Equal brothers and sisters 849 - Person and children: simultaneously and not successively 850 - False cause 851 - 1 heir or several heirs aliquot part --> legal succession 852 - Intention to make them sole heirs to the whole estate/free portion: increased proportionally 853 - Exceeds: decreased proportionally 854 - Preterition of one, some, or all 855 - Share of the child or descendant omitted 856 - The heirs of heirs Substitution of Heirs 857 - Meaning of substitution

858 - Kinds of S: SBRF 860 - Brief:2S->1H/Compendious:1S->2H 861 - Reciprocal subs 862 - Same charges and conditions 863 - Fideicommissary subs 864 - FS can never burden the legitime 865 - FS must be expressly made 866 - 2nd heir obtains right from time of testator's death 867 - FS shall not take effect if: EPCS 868 - Nullity of the fideicommissary 869 - Usufruct 870 - more than 20 years - void

880 - Under administration 881 - Appointment of administrator shall be governed by the ROC 882 - Modal institutions 883 - Cannot be complied with: most analogous 884 - Covered by rules of conditional obligations if not governed 885 - Designation of date and time

Legitime 886 - Meaning of legitime 887 - Enumeration :CPWNI 905 Renunciation or compromise of future legitime is void

Conditional Testamentary Dispositions and Testamentary Dispositions with a term 871 - Conditionally, or for a certain purpose or cause 872 - Cannot impose upon the legitimes 873 - Impossible conditions 874 - Marriage 875 - Will of heir in favor of testator: void 876 - Fulfillment of a purely potestative condition 877 - Casual or mixed 878 - Suspensive term 879 - Giving security

906 Heir may demand if legitime less 907 If legitime impaired, reduced on petition 908 Deduct all debts and charges from legitime 909 Donations to children charged to legitime; donations to strangers: FP 910 Don. Received by illegitimate child charged to legitimize 911 Reductions 912 Real property subject to reduction 913 If heir or devisee does not avail of right; any heir or devisee may make use of it; public auction 914 Testator may devise of bequeath FP

Octaviano, Clarence

(1932)

Disinheritance 915 - Compulsory heir may be deprived of his legitime in consequence of disinheritance 916 - Only through a will; legal cause shall be specified 917 - Burden of proof 918 - Defective or Imperfect disinheritance 919 - Causes for D of children/descendants: LAAWS-MDC 920 - Parents: ALAAW-PaSuL 921 - Spouse: LAWS-PS 922 - Subsequent reconciliation 923 - RR of the children/descendants of disinherited parents

Octaviano, Clarence

(1932)

Article 888 889 890 891 892

Heir Legitimate children and descendants Legitimate parents and ascendants Ascendants of equal degree Different degrees Reserva troncal One child/descendant Widow Two or more legitimate children, Widow shall inherit No descendant, but with ascendant Widow Illegitimate children Widow Acknowledged child with legitimate children Neither an acknowledged natural, nor a natural child by legal fiction

Portion Equal Ones nearest in degree divided by descendant Equal to the legitime of each of the legitimate children 1/3 1/3 of 4/5 of acknowledged child

893 894

895

896 897 898 899

Illegitimate children with legitimate parents Widow with legitimate children & acknowledged or natural Widow w/ legitimate children & not acknowledged or natural Widow w/ Legitimate parents Illegitimate children Widow only Articulo mortis Illegitimate children only Legitimate or illegitimate descendants of illegitimate child Parents of illegitimate child -when child does not leave spouse or leg. descendants Parents of illegitimate child widow Legitimate or illegitimate children

Equal to legitime of each legitimate child Same as above 1/8 1/3 Transferred Parents will not inherit

900 901 902 903

Octaviano, Clarence

(1932)