Succession

Definition
Generic sense (Latin, sub and cedere meaning placing of one person in the place of another) defined as
the transmission of rights and properties from one person to another. It may be inter vivos or mortis
causa
o Inter vivos during the lifetime of the giver
o Mortis cause after his death
Technical Sense restricted to succession mortis cause, as referred in our Civil Code (Title IV). It denotes
the transfer of title to property under the laws of descent and distribution, taking place as it does, only on
the death of a person.

Kinds of Succession
As to effectivity
o Succession inter Vivos
o Succession mortis cause
As to whether a will exists or not
o Testamentary succession there is a will
o Intestate or legal succession there is no will
o Mixed succession part of the property has been disposed of in a will
As to the transferees of the property
o Compulsory succession refers to legitime
o Voluntary succession refers to free disposal
As to the extent of rights and obligations involved
o Universal succession covers all juridical relations involved
o Particular succession covers only certain items or properties
Special Kind
o Contractual succession kind where a future husband and a future wife give to each other future
property, effective mortis causa, by means of a marriage settlement

Law on Succession is animated by Uniform General Intent no part should be rendered inoperative, but must be
construed in a relation to, any other part as to produce harmonious whole

Chapter 1
General Provision

Article 774
1. Definition
a. 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. (Article 774 of the NCC)
2. Elements
a. Mode of acquisition or ownership
b. Transfer of property, rights, and obligations to the extent of the value of the inheritance of a
person (grantor, transferor, decedent, testator, or intestate)
c. Transmission thru death
d. Transmission to another (grantee, transferee, heir, legatee or devisee)
e. By will or by operation of law
3. Bases for Succession
a. Natural law obliges a person to provide for those he would leave behind (Consequence of
family relations recognition of the natural law of consanguinity, or of blood, and the natural
affection of person toward those nearest him in relationship.
b. Socio-economic postulate prevention of wealth from becoming inactive or stagnant (Essential
from an economic standpoint to enable social economy to be firm.)
c. Implicit attribute of ownership allowance of a person to dispose his property when he is dead.

Article 775
Definition of a decedent
A person whose estate is to be distributed
o Testator leave a will
o Intestate did not leave a will
Article 776
Difference between Inheritance from Succession
Inheritance Succession
Property or right is acquired Manner by virtue of which property or right is
acquired
Referred to as descent

Title by descent the title by which one person on the death of another acquires the estate of the latter
as his heir at law

Administration vs. Succession

Administration Succession
Dealing with a deceased persons property Transferring of the property for beneficial use.
according with law

Inheritance shall include:

Property includes real as well as personal properties, includes accessions
Rights not extinguished by death
Obligations not extinguished by death

Judicial Administration not essential

When the deceased left no pending obligations.

Article 777
Conditions for the Transmission of Successional Rights
There has been death may be factual or presumed
Rights or properties are transmissible or descendible
Transferee is still alive, willing, capacitated to inherit.

Note: Effects of acceptance retroacts to the moment of death. When repudiated, it is as if the heir did not owned
nor possessed the property

Kinds of Presumed Death

Ordinary Presumption (disappears under normal conditions, there being no danger or idea of death)
absentee shall be presumed dead at the end of 10 years or 5 years if he disappeared at the age of 75
Extraordinary presumption because of extraordinary or qualified absence Read Article 391 of the NCC
o Person aboard a vessel or aeroplane which went missing, who has not been heard of for four
years since the loss of the vessel or aeroplane
o Person in the armed forces who has taken part in war and been missing in four years
o Person who has been in danger of death under other circumstances and his existence has not
been known for four years

NOTA BENE: in cases of extraordinary absence, presumption of death is upon the time the occurrence of the event
and not at the end of four years. Thus, succession will take place before the end of the four years period but actual
division will only be at the end of the said four years.

Effect of Return or Appearance

He shall recover his property in the condition in which it may be found, and the price of any property that
may have been alienated or the property acquired therewith.
Cannot claim either fruits or rent or if made in good faith

NOTE:
Under the NCC, spurious children if recognized voluntarily or by judicial decree are entitled to inherit
o Example, born before effectivity of NCC but decedent died when NCC is effective, he is entitled.

Some effects of Transmission of Rights from Death

Before death, heirs has merely an inchoate (not complete) right
Future inheritance Rule: not valid except after testators death. Reason, inheritance is present, no longer
future

No necessity of prior declaration of heirship if there is no pending settlement proceedings for the distribution of
an estate
Article 778 Kinds of Succession

Article 779 Testamentary Succession

Some Rules for Testamentary Succession
a. May be done thru will or thru codicil
b. May be notarized or holographic (handwritten from beginning to end, complete date and signature)
c. In case of doubt, testamentary succession is preferred to intestate or legal succession

Article 780 Mixed Succession

Article 781
Inheritance includes:
a. Property, transmissible rights, and obligations since the opening of the succession (such as alluvium)
b. As well as those accrued thereto since the opening of the succession

Article 782 Transferees (Causahabientes)

a. Heirs succeed by universal title
b. Legatees and Devisees succeed by particular title to a particular or specified item or thing in the
inheritance
i. Legatees personal properties
ii. Devisees real properties

Importance of the Distinction

Preterition (Article 854 of the NCC)

Chapter 2
Testamentary Succession

Section 1
Wills

Subsection 1. Will in General

Article 783
Definition
A will 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

Essential Elements and Characteristics

a. A statutory right not a natural right.
b. A unilateral act no acceptance by the transferees is needed if testator is still alive as it is premature
c. A solemn or formal act executed in accordance with formalities prescribed by law
d. There must be animus testandi intent to make a will
e. There must be capacitated to make a will
f. Strictly a personal act in all matters that are essential
g. It is effective mortis causa
h. Essentially revocable or ambulatory
i. It is free from vitiated consent
j. An individual act
k. Disposes the testators estate in accordance with his wishes (certain degree only)

Last Will vs. Testament

Testament, disposes personal property. Will, disposes real property

Note: Oral conveyances are valid provided such partition does not affect the interest of third persons.
Article 784
Will making is strictly a personal act
Disposition is only testators desires
Mechanical act of drafting is allowed
Advise of an Attorney will make a strong presumption that the will was regularly made

Article 785
The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions
which they are to take, when referred to by name, cannot be left to the discretion of a third person

Article 786
The testator may entrust to a third person the distribution of specific property or sums of money that he may leave
in general to specified classes or causes, and also the designation of the persons, institutions or establishments to
which such property or sums of money are to be given or applied.

Article 787
The testator may not make a testamentary disposition in such manner that another person has to determine
whether or not it is to be operative

Article 788
If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the
disposition is to be operative shall be preferred.

Article 789
Kinds of Ambiguity in a Will
a. Latent or Intrinsic Ambiguity that which does not appear on the face of the will, and is discovered only
by extrinsic evidence. Will arise on the following cases:
i. There is an imperfect description of the heir, legatee, or devisee
ii. There is imperfect description of the gift being given
iii. When only one recipient is designated but it turns out there are two or more who fit the
description
b. Patent or Extrinsic Ambiguity appears on the face of the will itself

Curing of Ambiguity
1st Clause (Latent or intrinsic) by examining the will itself and extrinsic evidence such as written
declarations of the testator (Note: Oral declarations of the testator not allowed)
2nd Clause (Patent or extrinsic) the same

Article 790
Rules for interpretation of words (Intention of the Testator is always Supreme)
Ordinary words ordinary meaning, except there is a clear intention that another meaning was used
Technical words technical meanings, except there is a contrary intention or if it appears that the will was
drafted by the testator alone, who did not know the technical meaning.
Note: an idiomatic translation is preferred to a literal translation since the former expresses more clearly the
desires of the testator

Article 791
Interpretation of a Will is taken as a whole and testacy is preferred over intestacy, true only if will has been validly
made.

Article 792
Effect of Invalid Dispositions
a. Even if one disposition or provision is invalid, it does not necessarily follow that all the others are also
invalid. Except, when various dispositions or provisions are indivisible in intent or nature
Article 793
Rule respecting after-acquired properties
General Rule - What are given by the will are only those properties already possessed and owned by the
testator at the time the will was made, not those acquired after.
Exceptions
o If it expressly appears in the will
o If previous will is republished or modified by a subsequent will or codicil
o Testator made the will erroneously that he thought he owned certain properties
o Legacies or credit or remission are effective only as regards that part of the credit or debt
existing at the time of death of the testator

Article 794
Rule on what interest may be disposed of
General Rule entire interest of the testator in the property is given, not more, not less.
Exceptions:
o If intent is clear
o If testator owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall
understood limited to such part of the interest, unless the testator expressly declares

Article 795
Kinds of validity with respect to wills
Extrinsic refers to the forms and solemnities needed. May have two viewpoints, time and place
Intrinsic refers to the legality of the provisions in an instrument, contract or will.

General Rules on Validity

Extrinsic
o Viewpoint of time must observed the law in force at the time the will is made/executed
o Viewpoint of place depends on:
Testator is Filipino Philippine Laws (Article 804-814), or those country where he may
be (Article 815), or country where he executes the will (Article 17)
Testator is Alien who is abroad law on domicile or his nationality or Philippine Laws
Testator is Alien in the Philippines Nationality or Laws of the Philippines
Intrinsic Validity
o Viewpoint of Time law in force at the time of the decedents death
o Viewpoint of Place National Law of the decedent regardless of place of execution

Subsection 2 Testamentary Capacity and Intent

Testamentary Power Testamentary Capacity

Statutory right to dispose of property by acts
effective mortis causa
Capacity to make a will or codicil
The privilege granted by law to someone to
make a will
Right to make a will provided certain
conditions are complied with
Capacity to receive by virtue of a will
The ability to make a will

Article 796
Who can make wills
General Rule: All natural persons not expressly prohibited by law.

Qualifications:
18 years old or over
Soundness of mind at the time the will is made

Note: Civil interdicted persons may make will as effectivity is only upon death (mortis causa)

Article 797 Age requirement: 18 years

Article 798 Soundness of mind must be at the time execution of the will not before nor after

Article 789 Soundness of Mind Requirements

Requirements:
a. Knows the nature of the estate to be disposed of
b. Knows the proper objects of his bounty
c. Knows the character of the testamentary act

Senility (infirmity of old age) distinguished by senile dementia (decay of mental faculties), latter may produce
unsoundness of mind resulting to testamentary incapacity.

How soundness of mind is manifested

a. Religious delusion resulting in the unsettling of judgement
b. Blind extraordinary belief in spirits while executing will
c. Monomania (insanity on a single subject) happens to be in the subject of wills or succession
d. Insane delusions belief in things which no rational mind would believe to exist
e. Drunkenness if this results to failure to know the nature of the testamentary act
f. Idiocy- congenital intellectual deficiency
g. Comatose stage, resulting from hypertension and cerebral thrombosis
h. State of delirium

Article 800
Presumption of Soundness of mind
General Rule: Sanity is presumed, thus, insanity must be prove the same by the one who alleges

Instances when testator is presumed insane

a. When testator is publicly known to be insane (proponent must prove that will was made during lucid
interval
b. When testator was judicially declared insane (Judicial declarations must be set aside)

Absence of Presumption
a. Presence of mere delirium, since this is temporary
b. Insanity of the parents and children of the testator

Evidence of Soundness of Mind

Attesting or subscribing witnesses testimony is given great weight and should prevail over that given by a
non-attending physician who merely speculates.