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CHAPTER 4 PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS SECTION 1. - Right of Accretion Accretion *In property it is the process by which soil sediments carried by water are gradually deposited to land situated on the bank of a river or on the seashore. It involves addition or ipuno. The same principle is applied in succession. Art. 1015. Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. Ex. A parcel of land with an area of 900 sqm is adjudicated by the testator to his heirs A,B,C, the share of each is not mentioned. Each of them shall receive 1/3 or 300 sqm (Art. 846. Heirs instituted without designation of shares shall inherit in equal parts.) If A predecease, or has no capacity to inherit or refuses to accept, a vacant portion shall exist. B and C shall receive the vacant portion in proportion to the institution by testator. The 300 sqm shall be distrubuted equally between B and C. Thus, B and C shall receive 450 each, 350 by virtue of institution and 150 by virtue of accretion.
Art. 1016. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. Requisites for accretion to apply in testamentary succession - plurality of heirs - 2 or more heirs - unity of object - only one property given to the co-heirs, co-legatees, co devisees; results in co-ownership - existence of vacant portion due to predecease, incapacity or repudiation of a co-heir and no substitute has been instituted. - acceptance of co-heirs - accretion is not an obligation but a right, thus you can refuse. * Refers only to the free portion. * The heirs are co-owners of the undivided property given to them by the testator or the heirs are the pro indiviso owners of the property Pro indiviso - undivided, spiritual share * If the property is indivisible, for example a car, this shall be sold and the proceeds divided equally among the co-owners * No accretion shall apply if there has been physical segregation or ear-marking of the property given or the share of the heirs can be pinpointed.
Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana
Art. 1018. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. if heirs inherit by legal succession and there is repudiation (thus no right of representation), the remaining heir/s shall receive his share, whether the principle of accretion is applied or not. - Ex. Applying only legal succession: Estate is 9,000 sqm. Heirs are A,B,C. The heirs shall share in the inheritance equally and receive 3,000. If A repudiates, then there are only two legal heirs thus only B and C shall share in the 9,000 sqm estate, that is divide the estate by two. So B and C shall receive 4,500. Same result if accretion is applied, mas taas lang ang process. If A shall repudiate, his share shall accrue to B and C. Each shall receive 4,500, 3,000 thru legal succession and 1,500 thru accretion. In legal succession accretion shall also take place in case of incapacity if the right of representation does not exist. In legal succession, in case of predecease, the remaining co-heir inherit in their own right, subject to the right of representation
Art. 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. (n)
and
2,500
Ex. X died intestate leaving behind his 12,000 sqm property to his legitimate child A and his illegitimate children B, C. B has a son F. B repudiates his share. How much shall A, B, C and F receive. Sharing should have been A-6,000; B-3,000; C-3,000 Since B renounced his share, B and F receive nothing. His share shall accrue to his coheirs. 3,000 shall be distributed in the proportion of 2:1 2,000:1,000 to A and B A shall receive 6,000 + 2,000 = 8,000 C shall receive 3,000 + 1,000 = 4,000 Or since B repudiated, divide the estate between A and C, in the proportion 2:1 (Art 983illegitimate childs share is of legitimate childs). A= 8,000; C=4,000 Art. 1021. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger. Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion. (985) Accretion in Testamentary Succession * Separate the legitime and the free portion * There is no accretion with respect to legitime in testamentary succession. * share of each heir with respect to the free portion of shall be in the same proportion that they inherit Ex. Testator designated his children A and B and his friend F as heirs of a certain property he owned with an area of 120,000 sqm. B renounced his share. B has a son C. How much shall each receive? *Separate the legitime and the free portion Legitime: 60K thus A=30K B=30K Since B renounced his share he is not entitled to legitime and there is no right of represetation. The co-heir A shall succeed to the 60K legitime in his own right since there is no accretion with respect to the legtime in testamentary succession. Free portion: 60K Apply Art 846. since no designation of the shares. A,B,F shall receive the free proportion in equal shares: 60K/3 = 20K each. Bs share shall in the free portion shall be added to the share of A and F by the right of accretion, in the same proportion that they inherit: Proportion of As and Fs share of the free portion is 20K:20K or 1:1;
Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana
Art. 1023. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. SECTION 2. - Capacity to Succeed by Will of by Intestacy Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. (n) juridical person cannot be a legal heir and cannot make a will Art. 41 For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intrauterine life of less than seven months, it is not deemed born if it dies within twentyfour hours after its complete delivery from the maternal womb. Complete delivery from the maternal womb when the umbilical cord is cut Art. 41: When a natural person attains personality
Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. (746a)
//JINKY SECTION 2. - Capacity to Succeed by Will of by Intestacy Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. (744, 914) Capacitated to succeed those who are not incapacitated Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. (n) Natural persons o Created by God with valuable assistance of your parents o Juridical personally is acquired through birth o Must be living or o At least conceived at the time the succession opens (subject to fulfillment of Art. 41, FC) alive at the time you separated from your mothers womb ART 41, FC For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. (746a) Juridical persons o Testamentary heir but NOT legal heir o Cant make a will o Must have juridical personality o Corporations, associations, charitable institutions - Duly issued with certificate of incorporation by SEC o If public institution, government already existing/operational at the time succession opens
Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana
INCAPATICATED TO SUCCEED o Art. 1027 by reason of undue influence o Art. 1028 by public morality o Art. 1032 by reason of unworthiness Art. 1027. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid; (4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a) BY REASON OF UNDUE INFLUENCE Applies ONLY to testamentary succession
Priest or minister conclusively presumed o Any religious congregation o Reason: because there are enterprising priest who may capitalize the religion who might induce the testator for the purpose of selling his soul. o During his last illness sickness that resulted to the death of the testator o There is no need to prove there is undue influence (conclusively presumed). You only need to prove that testator had confession with him before he died. o If there is a will before the confession, then the priest is not anymore prohibited because you cannot say that the priest has exercised undue influence. Because when you confess, it is believed that in that point in time, undue influence was exerted. o If advise lang valid, not confession, no undue influence. o If testator confessed to a priest who is his son Ex: estate is 1M, testator gave 700,000 to son (who is also a priest), subsequently executed a will, then he died (will MUST be executed after the confession) Disqualification extends only to what was given by will; DOES NOT include legitime So, he will receive of estate, 500,000 (as legitime/compulsory heir) given to him by law
Relatives of such priest or minister o Barred from inheriting covers relative of priest within the fourth degree (consanguinity) , or group where the priest is a member Guardians o Reason: guardians have moral ascendancy over the ward o Consolation: not at all disqualified. If your guardian is your ascendant, brother, sister or spouse, they can still receive inheritance o Ward makes will making guardian as beneficiary before final approval of final accounts testamentary disposition of the ward result of undue influence conclusively presumed Attesting witness o includes spouse, parent, children, or anyone claiming from these persons Medical worker who took care of the testator before he died o Physician, surgeon, nurse, health officer or druggist (pharmacist) o Even the children of the testator are covered in the prohibition, even if there is moral obligation to take care of them should be regular, not isolated to qualify as someone who took care NOTE: Kinds of incapacity 1. Absolute you cannot inherit from anybody by whatever circumstance dead people association or entity which are not permitted by the law creating them charter creating does not permit the institute to inherit. You are a creature of the law. And the law does not allow you. (no 6 of 1027) 2. Relative you cannot inherit from certain person under certain circumstance but you can inherit from others Priests Guardians Art. 1027 (except #6) Individuals, associations and corporations o NOT permitted by law to inherit o Absolute prohibition Art. 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions. (n) BY REASON OF PUBLIC MORALITY PERSONS MENTIONED IN ARTICLE 739, modified - AT THE TIME OF THE MAKING OF THE WILL(instead of donations kay succession man ta)
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3. Art. 1066 Art. 1066. Neither shall donations to the spouse of the child be brought to collation; but if they have been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-half of the thing donated. Donated property P 2M A (donor) D W wife (donee)
GR: P 2M property should not be collated. Same reason as Art. 1065, D is not the recipient. EXC: if the property was donated JOINTLY, it was donated to both spouses. D shall bring to collation one-half of the thing donated. Here, only P 1M shall be collated. 4. Art. 1067 Art. 1067. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. Support expenses for sustenance, clothing, etc. 5. Art. 1068 Art. 1068. Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought to collation unless the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he
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Distribution: LEGITIME FDP X 20,000 + 10,000 = 30,000 Y 20,000 + 10,000 = 30,000 Z + 10,000 = 10,000 70,000 All donations inter vivos are to be collated except when they fall under the exceptions we have enumerated. Donation inter vivos given to the compulsory heir are charged to the legitime while donation to strangers are charged to the free portion. If A (testator) states in his will that the portion given intervivos to W shall not be collated, is the stipulation void? No. The collation is based on the presumed will and if compared to the express will of the testator, the express will shall prevail. Where the testator provides that the donation to W shall not be collated, it means that the 20,000 wont be charged to the advanced legitime but instead charged to the free portion.
Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana
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F
A Solution: Legitime 120,000 A 40,000 B 40,000 C (28,000) advance legitime 12,000 B C (wedding gift - 40,000)
Distribution: LEGITIME FDP A 40,000 + 36,000 = 76,000 B 40,000 + 36,000 = 76,000 C 12,000 + 36,000 = 48,000 200,000
The 10% shall be charged from the FDP. The amount exceeding 10% of the sum which is disposable by will shall be treated as advance legitime (40,000 12,000 = 28,000). //RUTH Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased. (Some of the few facts are missing coz na late ug record gamay) You cant pinpoint your share of 1/5 because there is yet no division because it is still under co-ownership. The aliquot part, or the ideal share, or the proportional share, or the physical share, or abstract share are used interchangeably. If this property is 1 hectare then it is 10,000 square meters and 1/5 of that is 2,000 square meters. If you will be asked to pinpoint your 1/5 aliquot part of the share then you cannot pinpoint actually that 1/5 because it is still in co-ownership and there is no partition.
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This is the property owned in common by A,B,C,D and E. There is no partition yet and each heir has a 1/5 share. Q: Is it legally permissible if one of the co-heir who is also the co-owner to dispose by way of sale of his hereditary right? ANS: YES! Even if the property is not partitioned yet. You only dispose of your hereditary right not the specific property because you cant pinpoint. You just have to describe your property and say my hereditary right to the property above described equivalent to 1/5. You cant specifically determine the metes and bounds of your share there being no partition. In this case, P purchased the hereditary right for 100,000. Q: What are the right of B,C,D and E? ANS: They can exercise the right of legal redemption. They can redeem that whether or not P will agree. This legal redemption is by operation of law. For legal redemption to apply, the following requisites must all be present: a. b. c. d. e. There must be two or more heirs plurality of heirs One of the co-heir sold his hereditary right to a stranger The sale was made before the partition of the property That the buyer is a stranger any person other than the co-owners concerned The redemptioner must reimburse the purchaser the value of the purchase price
Q: if there is already partition, what will happen? ANS: There can still be legal redemption not under article 1088 but this time under article 1620 will apply. Q: Supposing A sold it to another co-heir who is B. Can there be legal redemption? ANS: NO! The redemption is permitted because the law frowns on co-ownership. Therefore, if you sell your share to B then there will only be 4 co-owners left. But if you sold it to P, then there will still be 5 co-owners. Thats why the law discouraged co-ownership because it is the source of conflict of rights. That is why legal redemption is permitted in order to minimize the number of co-owners. Q: Supposing B and C decided to redeem. Who shall be favored? ANS: Nobody is favored. B and C can redeem and they will divide the property in equal shares. Therefore, of 1/5 belongs to B and the other half to C. And when it comes to partition, B and C will have a higher amount of share. If the property is 10,000 square meters then each of the co-owner is entitled to 2,000 square meters. B and C will be receiving 3,000 square meters each. Q: Can B,C,D and E redeem at the same time?
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Art. 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. You are in possession of the thing. Gi-tagaan ka tnuod pero pa taga-on ka ug auto niya unya gawas sa inyong ka kiat, naguba. There were siblings who took possession of the thing, a car, to be given to a legatee. Gi-dala nila ang auto pag pamista nila unya na disgrasya nuon. Ang nag-kiat ang ga drive ra, ang usa natulog. The heirs who took possession of the property object of a legacy will be solidarily liable. Art. 911. Order of payment of the net hereditary estate: 1. Legitimes 2. Donations inter vivos 3. Preferred legacies and devises 4. All other legacies and devises pro rata Art. 950. If the estate should not be sufficient to cover all the legacies and devises, their payment shall be made in the following order: (1) Remuneratory legacies and devises; (2) Legacies and 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 estate; (6) All others, pro rata. Estate is 50,000. Unya daghan kaau siya ug gi-hatag. A= 40,000 for education B= 30,000 for support C= 20,000 remunerative legacy
Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana
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//Eunice Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. Discussion on Art. 930-31.
Erroneously believing that the object is his (Art. 930)
If that another person continuously owns it Subsequently acquires the thing There is an order for its acquisition & successful It cant be acquired (price is exorbitant)
VALID VALID
(give just value)
Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a)
Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana
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VOID
//Reeld,
Already owned by LEE or DEE at the time of making the will but alienated the same to somebody else and reacquired it: (Art. 933)
Zeny