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SUCCESSION CHAPTER 1: GENERAL PROVISIONS SUCCESION - 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) 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 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
ELEMENTS OF SUCCESSION 1. Decedent 2. Successors a. Heirs those who are called to the whole or to an aliquot portion of the inheritance either by will or by operation on law b. Devisees or Legatees persons to whom gifts of real or personal property are respectively given by virtue of a will. 3. Death of the Person However, a person may be presumed dead for the purpose of opening his succession (see rules on presumptive death). In this case, succession is only of provisional character because there is always the chance that the absentee may be alive. 4. Inheritance is the subject matter of Succession it includes: Property and transmissible rights and obligations Existing at the time of his death AND those which have accrued thereto since the opening of succession. RIGHTS EXTINGUISHED BY DEATH 1. Support 2. Usufruct 3. Those arising from personal consideration 4. Personal easements 5. Partnership rights 6. Agency QuickTime and a (Uncompressed) decompressor 7. Life Annuity TIFF are needed to see this picture. Succession Refers to the legal mode by which inheritance is transmitted to the persons entitled to it. Inheritance Refers to the universality or entirety of the property, rights and obligations of a person who died.
CHAPTER 2: GENERAL PROVISIONS ON WILLS ELEMENTS OF A WILL 1. It is an act; 2. whereby a person is permitted; 3. with the formalities prescribed by law; 4. to control to a certain degree; 5. the disposition of his estate; 6. to take effect after his death. KINDS OF WILLS: 1. Notarial an ordinary or attested will 2. Holographic a handwritten will COMMON REQUISITES BETWEEN THE TWO WILLS: 1. must be in writing and 2. in a language or dialect known to the testator CHARACTERISTICS OF A WILL: 1. Unilateral 2. Strictly Personal act a. Acts which may not be left to the discretion of third persons (Articles 785 AND 787): i. Duration or efficacy of the designation of heirs, devisees or legatees;
Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Polaris Rivas;
3. 4. 5. 6. 7.
INTERPRETATION OF WILLS 1. Animus Testandi - The testators intent (animus testandi), as well as giving effect to such intent is primordial. EXCEPT: when the intention of the testator is contrary to law, morals or public policy. 2. In case of doubt, the interpretation by which the disposition is to be operative or will sustain and uphold the will in all its parts shall be adopted, provided that it can be done consistently with the established rules of law. 3. Ambiguities in Wills Intrinsic or extrinsic evidence may be used to ascertain the testatorial intent of the testator. EXCEPT: the oral declarations of the testator as to his intentions must be excluded because such testimony would be hearsay. 4. After Acquired Property - Property acquired during the period between the execution of the will and the death of the testator is NOT included among the property disposed of. EXCEPT: When a contrary intention expressly appears on the will. QuickTime and a to legacies and NOTE: This rule applies only TIFF (Uncompressed) decompressor areto needed to see this picture. devisees and not institution of heirs TESTAMENTARY CAPACITY 1. All persons who are not expressly prohibited by law 2. 18 years old and above
GENERAL RULE: The law presumes that the testator is of sound mind EXCEPT: a. When the testator, one month or less, before making his will was publicly known to be insane; or b. Was under guardianship at the time of the making of his will. (Torres and Lopez de Bueno vs. Lopez, 48 Phil. 772)
CHAPTER 3: FORMS OF WILL 1. NOTARIAL WILL a valid notarial will: a. Must be in writing and in a language or dialect known to the testator b. Subscribed at the end by the testator himself or by the testators name written by some other person in his presence, and by his express direction c. Attested & subscribed by three or more credible witnesses in the presence of the testator and of one another Mandatory Part: The signing on every page in the witnesses presence NOTE: Test of presence is not whether they actually saw each other sign, but whether they might have seen each other sign had they chosen to do so considering their mental and physical condition and position with relation to each other at the moment of inscription of each signature. Directory Part: The place of the signature, i.e. the left margin; the signature can be affixed anywhere on the page.
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Icasiano vs. Icasiano, II SCRA 422 the inadvertent failure of one witness to affix his signature to one page of the original will due to the simultaneous lifting of two pages in the course of signing is not per se sufficient to justify denial of probate when the duplicate will shows Cruz v. Villasor, 54 SCRA 31- the notary public cannot be counted as one of the attesting witnesses Subscription - The manual act of instrumental witnesses in affixing their signature to the instrument.
ATTESTATION 1. act of the senses 2. mental act 3. Purpose is to render available proof during the probate that such will had been executed in accordance with the formalities prescribed by law 4. Found after the attestation clause at the end or last page of the will SUBSCRIPTION 1. act of the hand 2. mechanical act 3. Purpose is for identification
g. It must be acknowledged before a notary public by the testator and the witnesses ATTESTATION v. SUBSCRIPTION Attestation An act of witnessing execution of will by testator in order to see and take note mentally those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a QuickTime and a TIFF (Uncompressed) decompressor fact. are needed to see this picture. The attestation clause need not be written in a language or dialect known to the testator nor to the witnesses since it does not form part of the testamentary disposition
ADDITIONAL REQUISITES FOR VALIDITY a. If the Testator be Deaf or Deaf-Mute: i. Testator must personally read the will, if able to do so; ii. Otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, its contents (Art 807) b. If the Testator be Blind: The will shall be read to the testator twice i. Once by one of the subscribing witnesses
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OR
2. HOLOGRAPHIC WILL a holographic will is valid if it is: a. In writing and in a language or dialect known to the testator b. Entirely written, dated, and signed by the hand of the testator himself c. Dispositions of the testator written below his signature must be dated and signed by him in order to validate the testamentary dispositions. (Art 812) EXCEPT: In case of dispositions appearing in a holographic will which are signed without being dated, where the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions A holographic will is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. (Art 810) PROBATE OF HOLOGRAPHIC WILL a. There must be at least one witness. EXCEPTION: If the will is contested, at least three of such witnesses shall be required (merely directory). In the absence of such competent witness and if the court deems it necessary, expert testimony may be resorted to. b. who knows the handwriting and signature of the testator c. must explicitly declare that the will and the signature are in the handwriting of the testator. (Art 811) QuickTime and a NOTE: This article decompressor applies only to post TIFF (Uncompressed) are needed to see this picture. mortem probates and not to ante mortem probates since in such cases the testator himself files the petition and will identify the document himself.
a. 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 b. 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. c. 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
d. 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
WHO MAY BE A WITNESS TO A WILL Any person may be a witness provided he is: a. b. c. d. e. f. Of sound mind Of the age of 18 years or more Not blind, deaf or dumb Able to read and write Domiciled in the Philippines Have not been convicted of falsification of a document, perjury or false testimony
CHAPTER 4: LAWS GOVERNING VALIDITY OF A WILL 1. FORMAL VALIDITY a. If the testator is a Filipino and the will is executed in the Philippines then its formal validity is governed by the CC of the Philippines b. If the testator is a Filipino and the will is executed in a foreign country, then its formal validity is governed either:
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Gan v, Yap, 104 Phil 509 in the probate of a holographic will, the document itself must be produced; a lost holographic will cannot be probated. Exception: When copy of the will is produced
c.
If the testator is a foreigner and the will is executed in the Philippines, then its formal validity is governed either: i. By the CC of the Philippines ii. By the law of his own country
REQUISITES REFERENCE
Intrinsic validity
VALIDITY OF JOINT WILLS Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. (669) NOTE: Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed.
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 REVOCATION OF WILLS 1. By operation of law instances of revocation by operation of law: a. decree of legal separation b. preterition c. legacy or credit against third person or remission of debt was provided in will and subsequently, testator brings action against debtor d. substantial transformation of specific thing bequeathed e. when heir, devisee or legatee commits any of the acts of unworthiness 2. By the execution of a will, codicil or other writing executed as provided in case of wills a. EXPRESS When there is a revocatory clause expressly revoking the previous will or a part thereof
AMENDMENT OF WILLS 1. Notarial only through a codicil 2. Holographic in three ways a. Dispositions may be added below the signature, PROVIDED that said dispositions
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Art. 837. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil.
FACTS DEMONSTRATING ART 837 In 1985, X executed Will 1 In 1987, X executed Will 2, expressly revoking Will 1 In 1990, X executed Will 3, revoking Will 1 CONCLUSION ON THE FACTS The Revocation of Will 2 by Will 3 does not revive Will 1 This demonstrates the theory of instant revocation because the revocatory effect of the second will is immediate upon the first will NOTE: This article only applies where the revocation of the first will by the second will is express. REPUBLICATION AND REVIVAL OF WILLS If the testator wishes to republish a will that is void as to form, the only way to republish it is to execute a subsequent will and reproduce it The testator need only execute a subsequent will or codicil referring to the previous will if the testator wishes to republish a will that is either: a. Void for reason other than a formal defect b. Previously revoked
3.
REPUBLICATION Takes place by an act of the testator Corrects extrinsic and extrinsic defects
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DISALLOWANCE Given by judicial decree Always for a legal cause Always total EXCEPT when the ground of fraud or influence for example affects only certain portions of the will
CHAPTER 7: INSTITUTION OF HEIRS INSTITUTION OF HEIR 1. It is an act by virtue of which a testator designates in his will 2. the person or persons who are to succeed him in his property and transmissible 3. rights and obligations REQUISITES FOR A VALID INSTITUTION OF HEIR 1. Designation in will of person/s to succeed a. Directory - designation of name and surname b. Mandatory identity of the heir must be established, otherwise void disposition, unless his identity becomes certain. NOTE: If there is ambiguity in the designation, the designation must be resolved by discerning the testators intent. If the ambiguity cannot be resolved, intestacy to that portion results. 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 THREE PRINCIPLES IN THE INSTITUTION OF HEIRS 1. Equality heirs who are instituted without a designation of shares inherit in equal parts 2. Individuality heirs collectively instituted are deemed individually named unless a contrary intent is proven 3. Simultaneity when several heirs are instituted, they are instituted simultaneously and not successively RULES ON A PERSONS RIGHT TO DISPOSE OF HIS ESTATE
KINDS OF PROBATE 1. Post-Mortem after the testators death 2. Ante-Mortem during his lifetime FINAL DECREE OF PROBATE Once a decree of probate becomes final in accordance with the rules of procedure it becomes Res Judicata It is conclusive as to the due execution of the will (extrinsic validity only) 2. DISALLOWANCE OF WILL - grounds for disallowance of a will: a. If the formalities required by law have not been complied with; b. If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; QuickTime and a c. If it was TIFF executed through force or under (Uncompressed) decompressor are needed to see this picture. duress, or the influence of fear, or threats; d. If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; e. If the signature of the testator was procured by fraud; f. If the testator acted by mistake or did not intend that the instrument should be his will
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RULES ON POTESTATIVE, CASUAL AND MIXED CONDITIONS 1. POTESTATIVE Positive Potestative Condition: General Rule must be fulfilled as soon as the heir learns of the testators death EXCEPTION a. the condition was already complied with at the time the heir learns of the testators death b. the condition is of such nature that it cannot be fulfilled again Negative Potestative Condition: Heir must give security to guarantee the return of the value of property, fruits, and interests, in cases of contravention 2. CASUAL OR MIXED Positive GENERAL RULE may be fulfilled at any other time (before testators death), unless testator provides otherwise. If ALREADY FULFILLED at the time of execution of the will a. If testator unaware of fact of fulfillmentdeemed fulfilled b. If testator aware thereof i. If it can no longer be fulfilled again deemed fulfilled ii. If it can be fulfilled again must be fulfilled again Constructive Compliance a. if casual not applicable
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GENERAL RULES IN ASCERTAINING LEGITIMES 1. Direct descending line a. Rule of preference between lines b. Rule of proximity c. Right of representation ad infinitum in case of predecease, incapacity or disinheritance 2. Direct ascending line a. Rule of division by line b. Rule of equal division 3. Non-impairment of legitime - Any compulsory heir who was given title less than his legitime may demand that the same be completed (Art 906) EXCEPTIONS: a. If the predecessor gave the compulsory heir a donation inter vivos and provided that it was not charged against the legitime (Art 1062) b. Testamentary dispositions made by the predecessor to the compulsory heir, unless the testator provides that it should be considered part of the legitime.
SHARES OF COMPULSORY HEIRS 1. Legitimate Children or Descendants of the net estate of the net estate
CLASSES OF COMPULSORY HEIRS 1. Primary those who have precedence over and exclude other compulsory heirs Legitimate children and descendants (legitimate), with respect to their legitimate parents and ascendants 2. Secondary those who succeed only in the absence of the primary heirs Legitimate parents and ascendants (legitimate), with respect to their legitimate children and descendants QuickTime and a 3. Concurring TIFF those who decompressor succeed together with (Uncompressed) are needed to see this picture. the primary or the secondary compulsory heirs Widow or widower (legitimate) the surviving spouse referred to is the spouse of the decedent. NOTE: a. Mere estrangement is not a ground for the disqualification of the surviving spouse as heir b. Effect of decree of legal separation:
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Share of a legitimate child Share of the surviving spouse Free disposable portion 4.
Illegitimate children, legitimate children; of the net estate of the legitime of each legitimate children or ascendant Whatever remains
Share of legitimate parents and ascendants Surviving spouse Illegitimate children Free portion
of the net estate 1/8 of the estate of the estate 1/8 of the estate
Share of children and descendants Share of each illegitimate children Free portion 5.
11. Surviving spouse only; Exception: Marriage in articulo mortis Surviving spouse only Free portion Surviving spouse only (marriage in articulo mortis) Free portion of the net estate of the estate 1/3 of the net estate 2/3 of the estate
Two or more legitimate children or descendant; surviving spouse of the net estate Portion equal to the legitime of each of the legitimate children or descendant Whatever remains or ascendants; Surviving
Share of legitimate children Share of the surviving spouse Free disposable portion 6. Legitimate spouse parents
12. Illegitimate children only. Share of illegitimate children Free portion of the net estate of the estate
13. Illegitimate parents only; With illegitimate and legitimate children or descendant; With surviving spouse. Share of illegitimate parents only Free portion Share of illegitimate parents Share of the surviving spouse Free portion of the net estate of the estate of the net estate of the estate of the estate
Share of legitimate parents or ascendants Share of the surviving spouse Free disposable portion 7.
Illegitimate children, surviving spouse 1/3 of the net estate 1/3 of the net estate 1/3 of the net estate
8.
STEPS IN DETERMINING THE LEGITIME OF COMPULSORY HEIRS: 1. Determination of the gross value of the estate at the time of the death of the testator; 2. Determination of all debts and charges which are chargeable against the estate; 3. Determination of the net value of the estate by deducting all the debts and charged from the gross value of the estate; 4. Collation or addition of the value of all donations inter vivos to the net value of the estate; 5. Determination of the amount of the legitime from the total thus found;
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Share of legitimate parents of the net estate QuickTime and a and ascendants TIFF (Uncompressed) decompressor Illegitimate children are needed to see this ofpicture. the net estate Free portion of the estate 9. Surviving spouse; Legitimate descendant; Illegitimate children children and
PERSONAL ELEMENTS 1. ORIGINATOR the ascendant, brother or sister from whom the propositus had acquired the property by gratuitous title 2. PROPOSITUS The descendant who died and from whose death the reservistas in turn had acquired the property by operation of law. The so called ARBITER OF THE FATE OF THE RESERVA TRONCAL. Note: Prepositus can terminate the reserva by: a. Substituting or alienating the property b. By bequeathing or devising it either to the potential reservista or to other third person c. By partitioning it and assigning the property to parties other than the reservista 3. RESERVISTA The ascendant, not belonging to the line from which the property came that is the only compulsory heir and is obliged to reserve the property. 4. RESERVATARIOS The relative of the propositus within the 3rg degree and who belong to the line from which the property came and for whose benefit reservation is constituted. They must be related by blood not only to the propositus but also to the originator. NOTE: The Civil Code did not provide for the rules on how the reservatarios would succeed to the reservista. However, the following rules on intestacy have been consistently applied: a. Rule of preference between the lines b. Rule of proximity c. Right of representation provided that the representative is a relative within the 3rd degree, and that he belongs to the line from which the reservable property came d. full blood/double share rule in Article 1006 NOTE: Gonzales v. CFI, 104 Phil 479, the reservista had no power to appoint, by will, which reservatarios were to get the reserved property
PURPOSE OF RESERVA TRONCAL: 1. To reserve certain properties in favor of certain persons; 2. To prevent person outside a family from acquiring, by some chance or accident, property which otherwise would have remained with the said family; 3. To maintain a separation between paternal and maternal lines. REQUISITES OF RESERVA TRONCAL 1. The property should have been acquired by QuickTime and a TIFF (Uncompressed) decompressor operation of law by an ascendant are needed to see this picture. (RESERVISTA) from his descendant (PROPOSITUS) upon the death of the latter. NOTE: by operation of law is limited to succession, either by legitime or intestacy 2. The property should have been previously acquired by gratuitous title by the propositus from another ascendant or from a brother or sister (ORIGINATOR).
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7. 8. 9.
Reserva Maxima Much of the potentially reservable property as possible must be demed included in the part that passes by operation of law
Rerserva Minima Every single property in the Prepositus estate must be deemed to pass, partly by will and partly by operation of law, in the same proportion that the part given by will bears to the part not so given Minima finds wider acceptance here
10.
11.
12.
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REQUIREMENTS FOR VALID DISINHERITANCE EXTINGUISHMENT OF RESERVA TRONCAL 1. The death of the Reservista 2. The death of the all the Reservatorios 3. Renunciation by all Reservatorios, provided none is born subsequently 4. Total Fortuitous loss of the reserved property 5. Confusion or merger of rights 6. Prescription or adverse possession 1. 2. 3. 4. 5. 6. 7. Effected only through a valid will; For a cause expressly stated by law; Cause must be expressly state in the will itself; Cause must be certain and true; Unconditional; Total; AND The heir disinherited must be designated in such a manner that there can be no doubt as to his identity.
Grounds for Disinheritance Common To All Compulsory Heirs 1. Attempt on the life of testator, spouse, ascendant, descendant a. Conviction necessary b. In case of spouse, giving cause for legal separation, no conviction needed c. Include both attempted and frustrated.
1. Disinheritance - The testator creates it himself 2. Repudiation - The heir does something 3. Incapacity/Predecease - Something happens to the heir HOW VACANCIES ARE FILLED 1. Substitution
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1. Maltreatment of testator a. By word slander, offensive language, insult, libel. May be spoken or written. b. By deed no need for violence, something which caused the testator to be humiliated. Laying hands if not under attempt on life. 2. Leading a disgraceful life (or dishonest) i.e., daughter living with a married man, estafadora, prostitutes, drug dealers, drug addict. 3. Commission of crime which carries with it the penalty of civil interdiction a. Descendant convicted of crime with civil interdiction. Necessarily imposable, not actually imposed. b. Reclusion temporal, reclusion perpetua. Ground for Disinheritance Ascendants (Parents) Only against
1. 2. 3. 4.
Grounds for Disinheritance Common Ascendant and Spouse (in addition to A, B) Loss of parental authority
1. Abandonment by parents a. Willfully left the children to fend for themselves b. Abdication of parental duties. c. Only refers to abandoned child. d. Induced daughters to lead a disgraceful life also applicable to sons. 2. Attempt on the life of one parent against another parent. a. Parent v. parent b. Even if parents are not married, it is still a ground. c. No need for conviction. As long as the heir can prove that there is an attempt. d. They do not need to be spouses. However, the testator must be a common child. Grounds for Disinheritance Only against spouse refers to legal spouses only, legally married to each other 1. Giving cause for legal separation a. No need for previous conviction b. Prove infidelity if cause is contested c. No need to prove grounds unless contested by the heir. d. Legal separation instituted but not terminated, OK e. If there is already a decree: i. Ground is conclusive ii. But, there is a need to disinherit
1. Causes: Arts. 230, 231, 232 of the Family Code 2. Ascendant of testator QuickTime and a 3. Spouse has TIFF given cause for loss of parental (Uncompressed) decompressor are needed to see this picture. authority. 4. No actual deprivation, but it must exist. It means that the act is committed which may be a cause for loss of parental authority over their common children, EXCEPT for those enumerated in A. 5. There are no common grounds between spouse and descendants.
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EFFECTS OF IMPERFECT DISINHERITANCE 1. If the testator had made disposition of the entire estate; annulment of the testamentary disposition only in so far as they prejudice the legitime of the person disinherited; does not affect the dispositions of the testator with respect to the free portion 2. If the testator did not dispose of the free portion; compulsory heir given all that he is entitled to receive as if the disinheritance has not been made, without prejudice to lawful dispositions made by the testator in favor of others 3. Devisees, legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime
IMPERFECT DISINHERITANCE Person disinherited may be any compulsory heir Always express Always intentional Effect: partial annulment of institution of heirs PRETERITION The person omitted must be a compulsory heir in the direct line Always implied May be intentional or unintentional Effect: total annulment of institution of heirs
ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL LEGACIES AND DEVICES 1. Remuneratory legacies or devises 2. Legacies or devises declared by the testator to be preferential 3. Legacies for Support 4. Legacies for Education 5. Legacies or devises of a specific, determinate thing which forms a part of the 6. estate 7. All others, pro-rata WHEN LEGACY/DEVISE CAN BE REVOKED BY OPERATION OF LAW 1. If the testator transform the thing bequeathed or devised in such a manner that it does not retain its form and denomination 2. If the testator, by any title or for any cause, alienates the thing bequeathed or devised or any part thereof 3. If the thing bequeathed or devised is totally lost during the lifetime of the testator, or after his death without the heirs fault
REVOCATION OF DISINHERITANCE 1. Reconciliation 2. Subsequent institution of the disinherited heir 3. Nullity of the will which contains the disinheritance NOTE: Where the ground for disinheritance is also a ground for unworthiness to succeed, what
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.
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BASIC PRINCIPLES IN INTESTATE SUCCESSION 1. Intestate heirs always related by blood. Except: a. Spouse - not related by blood, stranger in the family b. Adoptive relation adopter/adopted, fiction by law created by adoption, purely personal c. State in the event no heir can inherit. 2. The nearer excludes the farther (rule of proximity) the relative nearest in degree exclude the farther one. 3. Direct line is always preferred over collateral 4. Ascending line is always preferred over collateral 5. Descending line is always preferred over ascending and collateral lines. 6. Rule of equal division the relatives who are in the same degree shall inherit in equal shares same class Exception: a. Descending line difference in class in the cases of legitimate or illegitimate filiation. i. In case of paternal/maternal lines ii. Collateral half or full blood b. Ascending line the shares are divided equally between maternal and paternal lines, which could result to unequal shares when there is only one grandparent in the maternal line while both grandparents survived in the paternal side. NOTE: In all cases where there has been an institution of heirs, follow the I.S.R.A.I. order of Justice Paras. If the Institution fails, Substitution occurs. If there is no substitute, right of Representation applies in the direct descending line to the legitime of the vacancy is caused by predecease, incapacity or disinheritance. The right of Accretion applies to the free portion when the requisites in Article 1016 are present. If there is no substitute, and the right of representation or accretion does not apply, the rule of Intestate succession shall take over. REPRESENTATION Representation Occurs: Instances when
VALIDITY AND EFFECT OF LEGACY/DEVISE Please Refer to Succession Table 1 GROUNDS FOR REVOCATION OF LEGACIES OR DEVISES 1. Testator transforms the thing bequeathed in such a manner it does not retain either the form or the denomination it had. 2. The testator by any title or for any cause alienates the thing bequeathed, or any part thereof, it being understood that in the latter case the legacy or devise shall be without only with respect to the part alienated EXCEPT: when the thing should again belong to the testator after alienation. 3. The thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heirs fault; 4. Other Causes: nullity of the will; noncompliance with suspensive conditions affecting the bequests; sale of the thing to pay the debts of the deceased during the settlement of his estate.
CHAPTER 14: GENERAL PROVISIONS ON LEGAL OR INTESTATE SUCCESSION CAUSES OF GENERAL INTESTATE SUCCESSION IN
1. In the absence of applicable valid will a. Annulment of institution of heirs. b. When will loses its validity. c. Testator did not make any will. d. Will not probated. QuickTime and a e. Revocation. TIFF (Uncompressed) decompressor f. Preterition are needed to see this picture. 2. In the absence of qualified heirs a. Ineffective disinheritance (a portion) b. Repudiation (one or all) c. Incapacity d. Disinheritance e. Institution subject to conditions i. Suspensive condition did not happen ii. Resolutory condition happens.
1. Predecease 2. Incapacity of Unworthiness 3. Disinheritance NOTE: In case of repudiation, accretion takes place. Sayson v. CA, 205 SCRA 324, although a renouncer cannot be represented, he can represent the person whose he has Page inheritance 98 of 297 renounced.
1. Legitimes The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heir with respect to the legitime (Art 923) And only when the heir to be represented: a. Predecease, becomes incapacitated, or was disinherited by the testator. b. Is a compulsory heir. c. No right of representation if the heir to be represented is a voluntary heir. 2. Intestate succession Representation occurs in all intestate estate. All legal heirs may be represented when proper. (It is not proper only when the heir to be represented repudiated his share in the inheritance) IN WHAT OBTAIN LINES DOES REPRESENTATION
1. The representative himself must have capacity to succeed the decedent 2. The representative need not be qualified to succeed the person represented. HOW REPRESENTATION OPERATES Division shall be made PER STIRPES.
Factual Situation If all the children are disqualified If all the brothers /sisters are disqualified Division All grandchildren still inherit per stirpes Nephews and nieces inherit per capita
THE SUCCESSIONAL BARRIER An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (Art 992) The Barrier rule only applies if there is a legitimate and illegitimate relation. Example: A is the legitimate son of B. C is the illegitimate son of A. C cannot inherit from B if A predeceases, or becomes incapacitated or be disinherited by B.
1. Legitime - in the direct descending line only. Representation does not exist in the ascending line. Hence, the father cannot represent the son in the inheritance from the grandfather. 2. Intestacy: a. In the direct descending line. b. In the collateral line, it takes place only in favor of the children of brother or sisters (nieces and nephews of the decedent, not grand-nieces or grand-nephews). NOTE: If all the brothers and sisters are disqualified, the nephews and nieces shall inherit per capita. REPRESENTATION OF ADOPTED CHILDREN ILLEGITIMATE OR
CHAPTER 15: ORDER OF INTESTATE SUCCESSION INTESTATE HEIRS 1. 2. 3. 4. 5. 5. 6. 7. Legitimate Children/Descendants Illegitimate Children/Descendants Legitimate Parents/ Ascendants Illegitimate Parents Surviving Spouse Brothers, Sisters, Nephews, Nieces Other Collaterals to the 5th degree State
QuickTime and a 1. If the child to TIFF be (Uncompressed) represented is legitimate only decompressor are needed to see this picture. legitimate children and descendants can represent him. 2. If the child to be represented is illegitimate both legitimate and illegitimate children/descendants can represent him. 2. An adopted child can neither represent nor be represented
Teotica v. Del Val, 13 SCRA 406, the rationale why an adopted child can neither represent or be represented is because the legal relationship created by the adoption is strictly between the adopter and the adopted
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CHAPTER 16: PROVISIONS COMMON TO INTESTATE AND INTESTATE SUCCESSION RIGHT TO ACCRETION 1. In Testamentary Succession a. Predecease b. Incapacity c. Repudiation d. Non-fulfillment of suspensive condition imposed upon instituted heir e. Ineffective testamentary disposition 2. In Intestate Succession a. Predecease of a legal heir (only when representation does not apply) b. Incapacity of legal heir (only when representation does not apply) c. Repudiation by a legal heir ELEMENTS OF ACCRETION IN TESTAMENTARY SUCCESSION 1. Two or more persons are called to the same inheritance, or to the same portion thereof, pro QuickTime and a indiviso (aliquot share ) sed) decompressor TIFF (Uncompres are needed to see this picture. a. In cases of legacy or devise, as long as there is no specific designation of the specific share of each legacy or devise. b. Not necessarily equal. c. Once a certain specific part of the free portion has already been specifically earmarked, there is no accretion and there is no express provision on accretion.
ADDITIONAL NOTES 1. The capacity to succeed is governed by the law of the nation of the decedent. 2. Persons not incapacitated by law may succeed by will or ab intestato. 3. If the heir excluded from the inheritance by reason of incapacity is a compulsory heir, and if such compulsory heir has children or descendant, the latter shall acquire the incapacitated heirs right to the legitime (by representation.). 4. A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. (755)
ACCEPTANCE OF INHERITANCE Two kinds: 1. Express a. Public Document b. Private Writing 2. Tacit Acceptance a. When heir sells, donates, or assigns his right. b. When heir renounces it for the benefit of one or more heirs. c. When renunciation is in favor of all heirs indiscriminately for consideration d. Other acts of tacit acceptance: i. Heir demands partition of the inheritance
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c.
CHARACTERISTICS OF REPUDIATION 1. Free and Voluntary Act 2. Irrevocable once made and cannot be impugned, except in cases vitiating consent. 3. Retroactive REQUISITES FOR A VALID REPUDIATION 1. Heir repudiating must be certain of two things before repudiating: a. Death of the person from whom he is to inherit; b. Right to the inheritance. 2. Who may repudiate? Any person having the free disposal of his property. 3. How is repudiation made? The repudiation of the inheritance shall be made in a public or authentic instrument, or by a petition presented to the court having jurisdiction over the testamentary or intestate proceedings. a. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir. b. If an heir is both a testate and legal heir, repudiation of the inheritance as a testate heir, he is understood to have repudiated in both capacities. However, should he repudiate as a legal heir, without knowledge of being a testate heir, he may still accept the inheritance as a legal heir. NOTES: If renounced in favor of other heirs, does it mean acceptance? It depends: a. If specific heir whether or not renouncing heir receives anything, considered as acceptance on the part of the heir. There are QuickTime and a two transfers. TIFF (Uncompressed) decompressor are needed to see this picture. b. If gratuitous i. In favor of all his co heirs indiscriminately - there is repudiation because heir deemed to have not accepted. Hence, accretion takes place. ii. In favor of all co-heirs but in proportion different from those they would receive by accretion: considered as tacit acceptance.
COLLATION Collation 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. 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 advance from the inheritance.
RECEIVED SUBJECT
BY TO
1. Property left by will 2. Property which may have been donated by an ascendant of the compulsory heir 3. Property donated to the spouse of the compulsory heir 4. Expenses for support, education, medical attendance even in extraordinary illness, apprenticeship, ordinary equipment or customary gifts 5. Expenses incurred by parents in giving their children a professional, vocational, or other career 6. Wedding gifts consisting of jewelry, clothing and outfit, given by parents or ascendants, so long as they do not exceed 1/10 of the disposable portion OPERATIONS RELATED TO COLLATION 1. Collation adding to the mass of the hereditary estate the value of the donation or gratuitous disposition 2. Imputing or Charging crediting the donation as an advance on the legitime (if the donee is a
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IMPORTANT PERIODS TO REMEMBER Please Refer to Succession Table 4 WHO MAY PARTITION 1. Decedent himself during his lifetime by an act inter vivos or by will; 2. Heir themselves; 3. Competent court; 3rd person designated by the decedent WHO CAN DEMAND PARTITION 1. 2. 3. 4. Compulsory heir; Voluntary heir Legatee or devisee; Any person who has acquired interest in the estate
WHEN PARTITION CANNOT BE DEMANDED (PAPU) 1. When expressly Prohibited by the testator himself for a period not exceeding 20 years; 2. When the co-heirs Agreed that the estate shall not be divided for a period not exceeding 10 and a years, renewable for QuickTime another 10 years; TIFF (Uncompressed) decompressor are needed to see this picture. 3. When Prohibited by law; 4. When to partition the estate would render it Unserviceable for the use for which it is intended.
NOTE: Partition Inter Vivos it is one that merely allocates specific items or pieces of property on the basis of the pro-indiviso shares