I.

Define succession.
Is a mode of acquisition where property, rights, obligations, to the extent of the value of inheritance, are
transmitted either by will or by operation of law and such transmission shall take effect upon the death of
a person.

II.

Distinguish succession from inheritance.

Succession is the mode of acquiring owneship upon which inheritance are transmitted from the
decedent to the heirs who are called upon to succeed. Inheritance are the property, rights and
obligations being transmitted to the heirs and such is not extinguished upon the death of the decedent.

III.

Give and define the 4 kinds of succession.

A. By the moment of transmission:
1. mortis causa-- takes place by virtue of death
2. inter vivos-- takes place independently of death during the lifetime of the parties (now
called Donation inter vivos.)
B. Extent of rights involved:
1. Universal-- this is very catchy- it involves the entire estate or fractional or aliquot or
undivided part of the estate, e.g., I give you 1/2 of my estate.
2. Particular/ partial.-- succession to specific items
a. legacy-- specific personal prop., e.g., I give you my car
b. devise-- specific real prop., e.g., I give to G my fishpond in Laguna.
C. As to cause:
1. Compulsory.-- that effected by operation of law to forced heirs even if not in a will;
succession to the reserved portion/ legitime
2. Testamentary.-- by will
3. Intestate or legal.-- succession in default of a will; subordinate to testamentary
succession
4. Mixed.-- combination of the above.
5. Contractual.-- E.g., donation propter nuptias by one to another of future prop. w/c
takes effect after death. Why contractual? Bec. of the transfer of prop. is not by virtue of a will
but by contract. So it is governed by the law on contracts. Hence, it must be governed by the
Statute of Frauds. It must be in writing to be enforceable.
D. As to parties to succession:
1. Decedent, transferor, causante, acutor, de cuius
2. Successor, transferee, causa habiente
E. As to terms:
1. Testator.-- decedent left a will
2. Intestate.-- decedent did not leave a will
3. Heir.-- one who succeeds by universal title or to a share of the estate
4. Devisee.-- one who succeeds by particular title to real prop.
5. Legatee.-- one who succeeds to a specific personal prop.

IV.

Distinguish between heirs and legacies or devisees.

An heir is a person called to succession either by will or by operation of law. Legacies is a type of an
heir who is designated to receive a specific personal property while a Devisee is an heir who is
designated to receive a specific real property.

V.

For purposes of giving effect to testamentary dispositions, what is the importance of the
distinction between heirs on one hand and legatees/devisees on the other?

VI.

Define legitime.
It is the part of the estate which cannot be dispose of because the law has reserved it for certain heir
who are call as compulsory heirs.

VII.

Who are compulsory heirs?

Following are the compulsory heirs:
a. Legitimate children and descendants with respect to their lgitimate parents and ascendants
b. In default of the above, the legitimate parents and ascendants, with respect to their legitimate
children and descendants
c. The widow or widower
d. Acknowledged natural children, natural children by legal fiction
e. Other illegitimate children.
f.
Who are the compulsory heirs of a testator who is a legitimate person?
Following are the compulsory heirs of the testator who is a legitimate person:
a. Children and descendants
b. In default of the above, legitimate parents
c. Surving spouse
d. Acknowledged natural children, natural children by legal fiction
e. Other illegitmate children

VIII.

IX.

Who are the compulsory heirs of a testator who is illegitimate?

Following are the compulsory heirs of an illegitimate testator:
a. Children and descendants;
b. In default of the above, the illegitimate parents
c. Surviving spouse
f.
Acknowledged natural children, natural children by legal fiction
g. Other illegitmate children

X.

When can a testator freely dispose of by will: a.) his entire estate?; b) 1/8 of his estate?; c) 1/3 of
his estate? d) 2/3 of his estate?; e) nothing of his estate?
a. If he has no compulsory heirs
b. If he has no descendant, have at least one legitimate ascendant, a surviving spouse and at least
one acknowledged natural child, natural child by legal fiction, and/or illigitimate child.
c. IF he has no descendant, no ascendant, but with surviving spouse and at least one acknowledged
natural child, natural child by legal fiction and/or illigitimate child
d. This could not happen
e. When there is at least one legitimate descendant, surviving spouse, and at least one of either the
acknowledged natural child, natural child by legal fiction, or illigitimate child.

XI.

In order that a person can inherit either by will or by intestacy, what requisites must concur?
The following must be present or should concur:
1. Death of the testator or decedent
2. Valid Will or Operation of law
3. Existence and capacity of the successor
4. Acceptance by the successor

XII.

Give and define the different kinds of incapacity to succeed.

a. Predecease - an heir who predeceased the testator or decedent obviously cannot succeed.
b. Disinheritance an heir who was validly and lawfully disniherited for valid grounds as enumerated
may not receive or cannot succeed any inheritance
c. Incapacity or unworthiness to succeed.-- Art. 1035

XIII.

What are the different kinds of relative incapacity?

XIV.

Who are absolutely incapacitated to succeed?

XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.

Who are incapacitated to succeed by will?

Who are incapable of succeeding by reason of unworthiness.
How may causes of unworthiness be erased?
Define disinheritance.
What are the requisites of a valid disinheritance? Distinguish imperfect disinheritance from preterition.
What are the causes for disinheritance of children and descendants whether legitimate or illegitimate?
What are the causes for disinheritance of parents or ascendants whether legitimate or illegitimate?
What are the causes for disinheritance of a spouse?