SUCCESSION 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). Inheritance = subject matter of the succession: property, rights and obligations Will = an act whereby a person is permitted with the formalities prescribed by law to a certain degree the disposition of his estate to take effect after his death. Test of available senses = if the testator is blind, the witness must act within the range of his other senses. Codicil = a supplement or addition to a will/ supplemental pleading KINDS OF SUCCESSION: 1. Testamentary that which results from the designation of an heir, made in a will executed in the form prescribed by law. 2. Legal or Intestate that which takes place by operation of law in the absence of a valid will. 3. Mixed that which is effected partly by will and partly by operation of law. [INSERTION] KINDS OF HEIRS: 1. Compulsory those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law, of which they cannot be deprived by the testator, except by a valid disinheritance 2. Voluntary or Testamentary those who are instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator can freely dispose. 3. Legal or Intestate those who succeed to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will. Legal Personality of Heirs to Bring Suits Pending the filing of administration proceedings, the heirs have legal personality to bring suit in behalf of the estate of the decedent in accordance with the provision of Article 777 of the Civil Code. (Rioferio v. Court of Appeals, G.R. No. 129008, January 13, 2004). The heirs have legal standing to prosecute the rights belonging to the deceased subsequent to the commencement of the administration proceedings but pending the appointment of an administrator. And, even if there is an appointed administrator, jurisprudence recognizes two exceptions where the heirs can bring suit to protect the rights or interests of the estate: (1) if the executor or administrator is unwilling or refuses to bring suit; and (2) when the administrator is alleged to have participated in the act complained of and he is made a party defendant. (id.). Selling the Rights, Interest and Participation by the Heir Prior to Final Adjudication An heir can sell his right, interest, or participation in the property under administration under Art. 533 of the Civil Code, which provides that possession of hereditary property is deemed transmitted to the heir without interruption from the moment of death of the decedent. However, an heir can only alienate such portion of the estate that may be allotted to him in the division of the estate by the probate or intestate court after final adjudication, that is, after all debtors shall have been paid or the devisees or legatees shall have been given their shares. This means that an heir may only sell his ideal or undivided share in the estate, not any specific property therein. (Aggabao vs. RTC of Quezon, G.R. No. 146006, February 23, 2004). In this case, Juliana and Jose sold specific properties of the estate without court approval necessary for the validity of any disposition of the decedents estate. Such sale is void and passes no title to the purchaser, and the same can be annulled by the probate court, without need for a separate action to annul the unauthorized disposition (id.). DEFINITION OF WILL It is 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. [INSERTION] TESTAMENTARY CAPACITY: 1. 2. 3. All persons who are not expressly prohibited by law; 18 years old and above; Of sound mind, at the time of its execution. [INSERTION]

KINDS OF WILLS: 1. Notarial an ordinary or attested will. Articles 804-806, and 807-808 in special cases 2. Holographic a handwritten will. Articles 804 and 810 [INSERTION] CHARACTERISTICS OF SUCCESSION

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1. 2. 3. 4. 5.

Mode of acquisition. The property, rights and obligations to the extent of the value of the inheritance transmitted. The transmission takes place only by virtue of death. The transmission takes place either by will or by operation of law. The transmission to another.

Transmission of Successional Rights and its Effect Successional rights are transmitted from the moment of death of the decedent and compulsory heirs are called upon to succeed by operation of law to the inheritance. As successors, who stepped into the shoes of their decedent upon his death, they can commence any action originally pertaining to the decedent (Speed Distributing Corp. vs. CA, 425 SCRA 691). Requisites for Transmission of Right to Succession 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; and 6. Acceptance of the inheritance by the successor. Treatment of Accruals under the Laws of Succession 1. Article 793 refers to accruals after the making of the will 2. Article 781 refers to accruals after the death of the testator 3. Article 793 accruals dont always pertain to the testate heirs 4. 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 2. place Governing law as to

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 time

Testamentary Capacity 1. All persons not expressly prohibited by law. 2. 18 years old and above. 3. Sound mind 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 and under his express direction at the end thereof, at the presence of witnesses; 4. Attested and subscribed by at least 3 credible witnesses in the presence of the testator and of one another; 5. Each and every page must be signed by the testator or by the person requested by him to write is name, and by instrumental witnesses in the presence of each other, on the left margin; 6. Each and 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 and every page in the presence of witnesses, or caused some other person to write his name under his express direction; and

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c. All witnesses signed the will and every page thereof in the presence of the testator and of one another. 8. Must be acknowledged before a notary public. Additional Requisite if Deaf or Mute Must either: 1. 2. Read will personally, if able to do so; Otherwise, he shall designate (two) 2 persons to read it and communicate to him the contents

Additional Requisite if Blind A will shall be read to him twice: 1. 2. Once by one of the subscribing witnesses; and Once by the notary public before whom it is acknowledged.

Donation Mortis Causa: Characteristics and Compliance with Article 805 and 806 [i] It conveys no title or ownership to the transferee before the death of the transferor; or what amounts to the same thing, that the transferor should retain the ownership (full or naked) and control of the property while alive; [ii] Before the transferors death, the transfer should be revocable by the transferor at will, ad nutum (without cause); but revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed; and [iii] The transfer should be void if the transferor should survive the transferee. In the present case, the donations are mortis causa as: they do not contain any clear provision that intends to pass proprietary rights to petitioners prior to the donors death. That the donations were made in consideration of the love and affection of the donor does not qualify the donations as inter vivos because transfers mortis causa may also be made for the same reason. Donations mortis causa partake of the nature of testamentary provisions and must be executed in accordance with the requisites on solemnities of wills and testaments under Articles 805 and 806 of the Civil Code. (Maglasang vs. heirs of Cabatingan, G.R. No. 131953, 5 June 2002) REQUISITES OF HOLOGRAPHIC WILL 1. In writing. 2. Executed in a language or dialect known to the testator. 3. Entirely written, dated and signed by the hand of the testator himself. Effect of Cancellation, Addition, Insertion, or Erasure on the Validity of the Will 1. If made by the hand of the testator and 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 and the testator has authenticated the same entire will is nullified 5. Made by a stranger but not authenticated by the testator deemed as if not written at all Effect of Insertion on the Validity of a Holographic Will: 1. If made after the execution of the will, but without the consent of the testator, such insertion is considered as not written because the validity of the will cannot be defeated by the malice or caprice of a third person 2. If the insertion after the execution of the will was with the consent of the testator, the will remains valid but the insertion is void 3. If the insertion after the execution is validated by the testator by his signature thereon, then the insertion becomes part of the will, and the entire will becomes void, because of failure to comply with the requirement that it must be wholly written by the testator 4. If the insertion made by a third person is made contemporaneous to the execution of the will, then the will is void because it is not written entirely by the testator. [INSERTION] What is a codicil? It is a supplementary or addition to a will, made after the execution of the will and annexed to be taken as part by which any disposition in the original will may be explained, added to or altered. REQUISITES FOR INCORPORATION BY REFERENCE 1. The document or paper referred to in the will must be in existence at the time of the execution of the will 2. The will must clearly describe and identify the same, stating among other things the number of pages thereof 3. It must be identified by clear and satisfactory proof as the document or paper referred to therein 4. It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories. [INSERTION]

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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

Testator 1. Same 2. May be blind, deaf or deaf-mute 3. No literacy requirement 4. 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 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. Effect of Probation of Will Until admitted to probate, a will has no effect whatever and no right can be claimed thereunder. Remedios anchors her right in filing this suit on her being a devisee of Catalinas last will. However, since the probate court has not admitted Catalinas last will, Remedios has not acquired any right under the last will. Remedios is thus without any cause of action either to seek reconveyance of the lots or to enforce an implied trust over them. (Spouses Pascual v. CA, G.R. No. 115925, August 15, 2003, see Art. 838). Sale by the Administrator without Courts Approval: Effect The sale of the property of the estate by an administrator without the order of the probate court is void and passes no title to the purchase and the unauthorized disposition of estate property can be annulled by the probate court, there being no need for a separate action to annul the unauthorized disposition ( Lee vs. RTC of QC, 423 SCRA 497). 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 and not successively. Rules Regarding a Persons Right to Dispose of his Estate 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.

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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 and 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 and Disinheritance: Distinguished Disinheritance Preterition Express deprivation of legitime. Tacit deprivation of legitime. Always voluntary. May also be voluntary but is presumed to be involuntary (as its an omission to mention as an heir or though mentioned, is not instituted as an heir). Legal cause is present. Presumed by law to be a mere oversight. Even a compulsory heir may be totally Compulsory heir is merely restored to his legitime. excluded. 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 and true, and 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 disinheritance 1 2 Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found groundless, false Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue influence Unjustified refusal to support testator Convicted of adultery or concubinage with spouse of testator / decedent Maltreatment of testator by word and deed Leading a dishonorable or disgraceful life Conviction of crime which carries penalty of civil interdiction Abandonment of children or inducing children to live corrupt and immoral life or attempted against virtue Loss of parental authority Attempt by one parent against life of the other UNLESS theres reconciliation between parents Spouses given cause for legal separation Failure to report violent death of decedent within 1 month, unless authorities have already taken action 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 Falsifies or forges a supposed will of the

Children/ Descendants * *

Parents/ ascendants * *

Spouse * *

Unworthiness * *

4 5 6 7 8 9

* * * * *

* *

* *

10 11

* *

12 13

* *

14

15

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decedent Causes of Vacancy in Succession 1. The testator creates it himself disinheritance. 2. The heir does something repudiates. 3. Something happens to the heir incapacitated / predecease. How are Vacancies Filled 1. Substitution. 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 and transmit the property to a fideicommissary substitute. 4. The substitution does not go beyond the 1st degree of the fiduciary. 5. The fideicommissary substitution is made expressly. 6. Both the fiduciary and 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 and 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. Technically, there is no legitime in legal succession; it is applicable only in testamentary succession. Classes Compulsory Heirs 1. Primary a. Legitimate children and their descendants (legitimate) b. Surviving spouse (legitimate) c. Illegitimate children and their descendants (legitimate or illegitimate) 2. a. b. Secondary Legitimate parents and ascendants (legitimate) inherit only in default of 1a Illegitimate parents (no other ascendants) inherit only in default of 1a and 1c

Remedies 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 and 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 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. Summary of Legitimes of Compulsory Heirs: Surviving Legitimate Surviving relatives children and spouse descendants

Illegitimate children

Legitimate parents and ascendants

Illegitimate parents

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Legitimate children alone 1 legitimate child surviving spouse 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 Illegitimate parents alone Illegitimate parents Surviving spouse Order 1. 2. 3. 4. 5. 6.

(divided by the # of children)

(divided by no. of children)

Same as the share of a legit child of the share of a legitimate child of the share of a legitimate child

(divided by no. of children)

Same as the share of a legitimate child

of the share of a legitimate 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

of Payment in Case Estate is Insufficient to Cover Legacies and Devises Remuneratory legacies or devises Preferential legacies or devises declared by testator Legacies for Support Legacies for Education Legacies or devises for Specific, determinate thing 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 does not institute an heir or institution is void.

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5. 6. 7. 8.

Will does not dispose of ALL property belonging to the testator. Suspensive condition attached to the institution of the heir does not happen or is not fulfilled. Heir predeceases, or repudiates the inheritance Incapacity of the heir

2 Fundamentals Underlying the 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 and intestate succession: Heirs in the descending line, NEVER in the ascending line Order of Succession and Intestate Heir Legitimate children and Legitimate descendants Illegitimate children and Descendants Legitimate parents and legitimate descendants Illegitimate parents Surviving spouse Concurrence in Intestate Excludes Ascendants, collaterals and state Illegitimate parents, collaterals and state Collaterals and state Collaterals and state Succession Excluded By No one No one

Legitimate children

Legitimate children and illegitimate children Collaterals other than No one siblings, nephews and nieces All other collaterals and Legitimate children, state illegitimate children, Legitimate parents and illegitimate parents Collateral remoter in Legitimate children degree and state Illegitimate children Legitimate parents Illegitimate parents and Surviving spouse No one Everyone

Concurs With Surviving spouse Illegitimate children Surviving spouse Legitimate children and legitimate parents Illegitimate children and surviving spouse Surviving spouse Legitimate children Illegitimate children Legitimate parents and Illegitimate parents Surviving spouse

Siblings, nephews nieces

Other collaterals within 5th degree

Collaterals in the same degree

State

No one

Order of Intestate Succession of a Legitimate Child, an Illegitimate Legitimate Child Illegitimate Child Legitimate child and legitimate legitimate child and legitimate descendants descendants Legitimate parents and legitimate illegitimate children and ascendants legitimate or illegitimate descendants Illegitimate children and left or illegitimate parents illegitimate descendants Surviving spouse Legitimate siblings, nephews, nieces Legitimate collateral relatives State surviving spouse illegitimate siblings, nieces State

Child and an Adopted Child Adopted Child legitimate child and legitimate descendants illegitimate children and legitimate or illegitimate descendants legitimate or illegitimate parents and legitimate ascendants, adoptive parents surviving spouse nephews, siblings, nephews, nieces State

SUMMARY OF INTESTATE SHARES 1. Legitimate children and legitimate descendants alone Intestate Heir Share As Legitime Share as Free Disposal Legitimate children TOTAL 2. One legitimate child and surviving spouse

Total Intestate Share 1 1

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Intestate Heir Legitimate child Surviving spouse TOTAL

Share As Legitime

Share as Free Disposal

Total Intestate Share 1

3. Legitimate children and surviving spouse Intestate Heir Share As Legitime Legitimate children

Share as Free Disposal Remaining portion of estate after paying

Surviving spouse

TOTAL

Same as share of @ Legitimes to be divided legitimate child equally between total no. of children plus the surviving spouse Varies on no. of children 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 1

4. Legitimate children and illegitimate children Intestate Heir Share As Legitime Legitimate children

Share as Free Disposal Remaining portion of estate after paying Legitimes to be divided by the ration of 2 for a legitimate child, 1 for a illegitimate child Varies on no. of children

Illegitimate children

share of a legitimate child

Total Intestate Share Whole estate divided by the ration of 2 for each legitimate child 1 for a illegitimate child provided that legitimes wouldnt be impaired

TOTAL

Varies on no. of children

5. One legitimate child, illegitimate children, and surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Legitimate child Remaining portion of estate after paying legitimes to be divided by the ration of 2 for a legitimate child, 1 for a illegitimate child Illegitimate child share of a legitimate 1 for a illegitimate child child Surviving spouse and 2 for the surviving spouse TOTAL Varies depending on no. Varies depending on no. of illegitimate children of illegitimate children 6. Legitimate children, illegitimate children and surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Legitimate children Remaining portion of estate, if any after paring legitimes to be divided by the ratio of 2 for @ legitimate child Illegitimate children share of @ legit child 1 for @ illegitimate child Surviving spouse and 2 for the surviving spouse

Total Intestate Share Whole estate divided by the ratio of 2 a legitimate child

1 for a illegitimate child Legitimes impaired 1 wouldnt be

Total Intestate Share Whole estate divided by the ratio of 2 for @ legitimate child 1 for @ illegitimate child and 2 for the surviving spouse provided that legitimes wont be impaired 1

TOTAL

Varies depending on no. of illegitimate children

Varies depending on no. of illegitimate 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 and illegitimate children Intestate Heir Share As Legitime Share as Free Disposal Legitimate parents Illegitimate children TOTAL 8. Legitimate parents and surviving spouse

Total Intestate Share 1

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Intestate Heir Legitimate parents Surviving spouse TOTAL

Share As Legitime 1/8

Share as Free Disposal 1/8

Total Intestate Share 1

9. Legitimate parents, surviving spouse and illegitimate children Intestate Heir Share As Legitime Share as Free Disposal Illegitimate children 1/3 1/6 Surviving spouse 1/8 1/8 Illegitimate children 1/4 TOTAL 7/8 1/8 10. Illegitimate children alone Intestate Heir Share As Legitime Illegitimate children alone TOTAL 12. Illegitimate children and surviving spouse Intestate Heir Share As Legitime Illegitimate children 1/3 Surviving spouse 1/3 TOTAL 2/3 13. Surviving spouse Intestate Heir Share As Legitime Surviving spouse or 1/3 TOTAL or 1/3 14. Illegitimate parents alone Intestate Heir Share As Legitime Illegitimate children 15. Illegitimate parents and surviving spouse Intestate Heir Share As Legitime Illegitimate parents Surviving spouse TOTAL 16. Siblings, nephews Intestate Heir Siblings, nephews, nieces TOTAL 17. Surviving spouse, Intestate Heir Surviving spouse Siblings, nephews, nieces TOTAL and nieces alone Share As Legitime

Total Intestate Share 1

Share as Free Disposal

Total Intestate Share 1 1

Share as Free Disposal 1/6 1/6 1/3

Total Intestate Share 1

Share as Free Disposal or 1/3 or 1/3

Total Intestate Share 1 1

Share as Free Disposal

Total Intestate Share 1

Share as Free Disposal

Total Intestate Share 1

Share as Free Disposal

Total Intestate Share 1 1

siblings, nephews and niece Share As Legitime Share as Free Disposal

Total Intestate Share 1

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 and 5. There has been earmarking Incapacity to Succeed Because of Possible Undue Influence 1. Priest who heard confession during last illness and his relatives with thin the 4th degree and 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 and 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

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Thing owned in part by testator (Article 929)

Thing owned by another (Articles 930-931)

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

Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2) Legacy/Devise of a thing pledged or mortgaged (Article 934)

General Rule: Conveys only interest or part owned by testator Exception: if testator otherwise provides a. He may convey more than what he owns - the state should 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) General Rule: 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 and Tolentino) - there is an implied order to acquire and doubts must be resolved in favor of intestacy 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 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) Valid, if the encumbrance can be removed for a consideration

The encumbrance must be removed by paying the debt unless the testator intended otherwise

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 and the will of the testator. Important Periods to Remember 1 month or less before making a will 20 years 5 years from delivery to the State 1 month 5 years from the time disqualified person took possession 30 days from issuance of order of distribution 1 month form written notice of sale 10 years Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will Maximum period testator can prohibit alienation of dispositions To claim property escheated to the State To report knowledge of violent death of decedent lest he be considered unworthy Action for declaration of incapacity and for recovery of the inheritance, devise or legacy Must signify acceptance/repudiation otherwise, deemed accepted Right to repurchase hereditary rights sold to a stranger by a co-heir To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues To enforce warranty of solvency of debtor of the estate at the time partition is made Action for rescission of partition on account of lesion

5 years from partition 4 years form partition

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