WILLS AND SUCCESSION

SYLLABUS

Atty. Marietta P. Turingan

FIRST WEEK- ART. 774-824

A. General Provisions Art. 774-782

1. Definition of Succession Art. 774
Elements of definition
2. Definition of Inheritance Art. 776
3. Distinguish succession from inheritance

Questions you should be able to answer at the end of the study of General Provisions?

1. How is succession distinguished from inheritance: Art.774 v. Art. 776

2. What are transmitted through succession? Art. 774, Art. 776 (Note: Art. 781 compare
with Art. 793)
Case: Alvarez
3. How is the transmission effected? Art. 778-780
4. From whom are they transmitted? Art. 775
5. To whom are they transmitted? Art. Art. 782
6. When are they transmitted from decedent to heirs? Art.777

B. Wills in General Art. 783-787, 796-803, 818, 839

1. What is a will Art. 783
2. Characteristics of a will:
a. Purely personal act Art. 784-787, Discuss with Art. 818
b. Free act Art. 839 (3)(4)(5)(6)
c. Dispositive of property (Exceptions)
d. Revocable Art. 828, 818
e. Testator has testamentary capacity Art. 796-803
f. Takes effect upon death Art. 777
g. Gratuitous no exchange of values

3. Rules on interpretation of wills Art. 788-794

Patent and latent ambiguity how to resolve

4. Validity of wills Art. 795, discuss with Art. 815-817, 777

SECOND WEEK ART. 804-834

C. Different kinds of wills:

1. Common requisites Art.804
Cases: Lopez v. Liboro
Suroza v. Honrado
Abangan v. Abangan
2. Requisites for Attested Will Art. 805-808
Cases: Payad v. Tolentino
Matias v. Salud
Garcia v. Lacuesta
Barut v. Cabacungan
Nera v. Rimando
 Javellana v. Ledesma
3. Special requisites for handicapped testators Art. 807-808
Cases: Garcia v. Vasquez
Alvarado v. Gaviola
4. Rule on substantial compliance with attestation clause Art. 809
Cases: Icasiano v. Icasiano
Cagro v. Cagro
Javellana v. Ledesma
Cruz v. Villasor
Caneda v. CA
5. Requisites for Holographic Will Art. 810-814
Cases: Compare Gan v. Yap and Rodelas v. Aranza
Labrador v. CA
Compare Azaola v. Singson and Codoy v. Calugay
6. Witnesses to attested wills Art.820-824
1. Qualifications
2. Disqualifications
7. Codicils and Incorporation by Reference Art. 825-827
8. Revocation of Will and Testamentary Provisions Art. 828-834
a. Discuss with Art. 106, 854, 957, 1032
Cases: Maloto v. CA
Gago v. Mamuyac
b. Doctrine of Absolute Revocation v. Doctrine of Dependent Relative Revocation
c. Elements for Revocation to be inoperative

THIRD WEEK- ART. 835-856

9. Republication and Revival of Wills Art. 835-837

a. Republication by reproduction Art. 835
b. Republication by referral- Art. 836
c. Execution of 3 wills with 2nd will expressly revoking first will- Art. 837

10.Allowance and Disallowance of Wills

a. Probate of will mandatory Art. 838

b. Matters to be proved during probate

Cases: Nepomuceno v. CA

Gallanosa v. Arcangel

De la Cerna v. Rebecca Potot

c. Probate not necessary Art. 841, Exceptions

d. Grounds for Disallowance of a Will Art. 839

11. Institution of Heir

a. Definition Art. 840

b. Important rules:

(1) Institution does not cover entire estate Art. 841, 851

(2) Rule on legitimes limit power of testator to dispose of his estate - Art. 842

(3) How to designate heir - Art. 843-845

(4) How much heirs get from will:

i. No designation of shares Art. 846

ii. If instituted some individually and others collectively-Art. 847

 iii. Institution of full blood and half-blood brothers and sisters Art. 848, 967

iv. Institution of parent and child Art. 849

(5) Rule on false cause as basis for institution of heir Art. 850

Case: Austria v. Reyes

c. Mixed Succession Art. 851

d. Rule when testator intended that designated heirs shall inherit the whole estate but
portions allotted to them in the will do not cover entire estate/free portion - Art. 852

Balanes formula

e. Shares of designated heirs exceed the whole estate/free

Portion Art. 853, Balanes Formula

12. Preterition Art. 854

a. Meaning of preterition

b. How to determine if there is preterition

(1) Case: Reyes v. Barreto-Datu

(2) Art. 855 completion of legitime, not preterition

i. applies when something is left to an heir (from the

free portion)

ii, reduce the shares of testamentary heirs

c. Compulsory heirs in the direct line- discuss with Art. 887,

964, 965, 966,

Cases: Nuguid v. Nuguid

Acam v. Acam

Acain v. IAC

c. Effects of preterition

(1) on institution of heir

(2) legacies and devises

(3) on the will

13. Rule on right of representation Art. 856, Art. 923

FOURTH WEEK - SUBSTITUTION OF HEIRS - ART. 857-885

14. Substitution of Heirs Definition Art. 857

a. Kinds of substitution Art, 858, 859, 860, 863

b. Simple substitution

(1) causes/grounds for substitute to inherit in lieu of

heir first instituted Art. 859

(2) 2 ways of making a simple substitution Art. 859

(3) Reciprocal substitution Art. 861

(4) Conditions/charges v. first heir same as those on

substitute Art. 862

 c. Fideicommissary substitution Art. 863

(1) 4 elements of a fideicommissary substitution-

Art. 863, 866

Cases: PCIB v. Escolin

Palacios v. Ramirez

(2) Fideicommissary substitution cannot burden legitime

Art. 864

(3) 2 ways of making a fideicommissary substitution

Art. 863, 865

(3) Nature of right of second heir to property Art 866.

Discuss with Art. 868 (nature of institution of first heir)

(4) Prohibitions on fideicommissary institutions Art. 867,

Art. 869

(5) Prohibition v. alienation of inherited property Art. 870

15. Testamentary Dispositions with a Condition, Term or Mode Art. 871-885

a. General Provisions Art. 871-872

(1) Institution of heir subject to condition, for a certain purpose or cause
Art. 871
(2) Legitimes cannot be burdened by any charge, condition or substitution
Art. 872
b. Condition - Art. 873-877, 879-881, 883 (2), 884
(1) impossible, illegal or contrary to good customs deemed not written
Art. 873
(2) condition prohibiting first or subsequent marriage deemed not written
Art. 874
(3) condition prohibiting subsequent marriage when valid Art. Art. 874
(4) meaning of 2nd paragraph of Art. 874: right of usufruct, an allowance or
personal prestation devised/bequeathed for time that heir is unmarried
(5) N.B. imposition of condition to marry a certain person or from a
particular class - valid
(6) prohibition v. exchange of values Art. 875
(7) rules on suspensive condition Art. 876- 884
c. Term Art. 878, 885
d. Mode Art. 882, 883 (1)

FIFTH WEEK LEGITIME ART. 886-890, 892-903

NOTA BENE: UNDER ART. 176 OF THE FAMILY CODE, THERE IS ONLY ONE TYPE OF
ILLEGITMATE CHILDREN. SO ALL REFERENCES IN ART. 887, 895, 897, 898, ARE IMPLIEDLY
REPEALED. THE SHARE OF AN ILLEGITMATE CHILD IS THE SHARE OF A LEGITIMATE
CHILD.

16. Legitime

a. Definition - Art. 886

b. Kinds of compulsory heirs- 887 (paragraph 4 and 5, no longer

applicable all are called illegitimate children)

 c. Kinds of relationship among compulsory heirs primary,

secondary, concurring

d. Different combinations Art. 888-890, 891-903

(Refer to Nota Bene above)
Law on legitime restricts right of testator to dispose of his
estate - Art. 904 (Discuss with preterition)
Rule on free portion Art. 914
Exceptions: Art. 870, 1080, 1083
e. Compromise/renunciation of future legitime between
testator and heir void, but anything received in consideration thereof treated as
advance of legitime - Art. 905
f. Compulsory heir may demand completion of legitime Art.
906, relate with Art. 909, 910 and 1062
g. Testamentary dispositions that impair legitime subject to
reduction Art. 907, relate to Art. 1011
h. Computation of net hereditary estate/legitime Art. 908, 909,
910
i. Order of reduction to satisfy legitime Art. 911
j. Rule on reduction of devise Art. 912-913
k. Order of payment of legacies/devises Art. 950

SIXTH WEEK RESERVA TRONCAL ART. 891

17. Reserva Troncal

a. Definition Art. 891

b. Purpose

Case: Gonzales v. CFI

c. Requisites

Case: Chua v. CFI

d. Nature of right of reservista over reserva

Cases: Edroso v. Sablan

Sienes v, Esparcia

e. Nature of right of reservatorios over reserva

f. Parties in reserva troncal

(1) Mediate Source origin of property ascendant or sibling of

Prepositus

(2) Prepositus descendant or sibling of mediate source

Central figure in reserve troncal:

i. as absolute owner of property, can prevent reserva

troncal by selling, donating or bequeathing

it as devise or legacy by testamentary succession

ii. point of reference for 3rd degree relationship

(3)Reservista ascendant who inherits the property by

 gratuitous title; reserve troncal begins

(4) Reservatorios class or group

i. not required to be alive at time of death of Prepositus as long

as they are alive at time of death of Reservista

Cases : Padura v. Baldovina

Florentino v. Florentino

ii. within 3rd degree of Prepositus

f. Reserva Maxima v. Reserva Minima

h. Rights of reservatorio v. obligations of reservista

Case: Sumaya v. IAC

i. Extinguishment of Reserva Troncal

Case: Cano v. Director

18. Disinheritance Art. 915-923

a. Requisites for disinheritance to deprive a compulsory heir of his

legitime

(1) effected through a will specifying the causes therefor Art. 915-916
(2) only causes enumerated in Art. 919, Art. 920 and Art. 921, as the case may be,
are allowed Art. 916
(3) burden of proving the truth of cause rests on other heirs, if disinherited heir
denies it Art. 917
(4) If will does not specify the cause, cause is not among those set forth in Art. 919-
921, or the cause, if contradicted, is not proved the disinheritance is deemed
imperfect and will annul the institution of the heirs, but legacies, devises and
other testamentary provisions that are not inofficious are valid.

b. Causes for disinheritance of children and descendants Testator

is the parent or ascendant: Art. 919

(1) Eight (8) grounds are exclusive

(2) Ground 1: final conviction of attempt on life is required
(3) Ground 2: accusation of crime
3.1. where penalty prescribed is 6 years or more imprisonment
3.1.1. accusation includes information
3.1.2. presenting incriminating evidence
3.1.3. acting as witness v. testator
3.2. accusation is groundless: testator is acquitted
because
3.2.1. there is no crime
3.2.2. did not commit crime
3.3. acquitted on reasonable grounds testator cannot disinherit

(4). Ground 3: descendant convicted of adultery or concubinage

with spouse of testator

(5) Ground 4: descendant causes testator to make or change a

will by FVIU
(6) Ground 5: unjustifiable refusal to support testator
Balane: there is just refusal if descendants means are just enough for the
members of his family that are preferred in the order of preference for support
(7) Ground 6: maltreatment of testator, by word or deed
7.1. conviction is not required, case need not be filed
 7.2. may be proved by mere preponderance of evidence, so if case in number 1
does not result in conviction, then the act could fall under this cause
7.3. Case: Dy Yieng Seangio v. Hon. Amor Reyes, G.R. No. 140371-72,
November 27, 2006

(8) Ground 7: Leads as dishonorable or disgraceful life

8.1. catch-all provision

8.2. denotes habituality

(9) Ground 8: conviction of crime with penalty of civil

interdiction

9.1. civil interdiction is the accessory penalty to reclusion perpetua and

reclusion temporal
9.2. the duration is for life or for the period of the sentence imposed

c. Causes for disinheritance of ascendants testator is the

descendant- Art. 920

(1) there are 8 grounds also exclusive

(2) Ground 1: abandonment by ascendant of children

inducing daughter to lead a corrupt life

attempt against their virtues

conviction not required

(3) Grounds Nos. 2, 3, 4, 5, and 7, in Art. 920, are the same

grounds stated in Nos. 1, 2, 3 4, and 5 in Art. 919.

(4) Ground 6: Ascendant commits any of the causes for loss of

parental authority (Art. 231, Family Code)
(5) Ground 8: attempt by a parent against the other, unless
they reconcile
d. Causes for disinheritance of spouse testator is spouse Art. 921
(1) Similar grounds in Articles 919 and 920 Ground Nos. 1,
2, 3., and 6.
(2) Similar grounds in Articles 920 Ground No. 5
(3) New ground: No. 4: spouse has given cause for legal separation

3.1. If there is a final decree of legal separation no need to disinherit.

Testamentary dispositions in favor of offending spouse revoked by
operation of law. Offending spouse disqualified to inherit by intestacy.

3.2. If innocent spouse executes another will after decree and reinstates
offending spouse, construed as condonation and spouse will inherit.

e. Effect of reconciliation between offended party and offender :

(1) if no will deprives offended party of cause to inherit

(2) if already disinherited sets aside disinheritance

f. There is right of representation in disinheritance Art. 923

relate to Art. 856

Children and descendants represent disinherited heir with

respect to the latters legitime; but if descendants are

minors or legally incapacitated to act, disinherited heir

cannot be usufructury or administrator of inherited property.

SEVENTH WEEK: LEGACIES AND DEVISES- ART. 924-958

19. a. What can be bequeathed or devised Art. 924

Anything that is alienable.

b. Testator may impose charges or obligations on testamentary

heir, devisee or legatee Art 925

(1) Balane calls the charges or obligations sub-devise or sub-

Legacy
(2) if imposed on devisee or legatee D/L liable only to extent of legacy or devise
(3) if imposed on compulsory heir H liable only up to value of free portion given
to him/her

c. Heir charged with legacy or devise is bound; if testator does not

charge any specific heir, all liable in same proportion they inherit

- Art. 926

d.Two or more heirs who take possession of estate solidarily liable for loss or destruction of
devise or legacy even if only one is negligent Art. 927

e. Heir charged with sub-devise or sub-legacy is liable for eviction it thing is indeterminate
and indicated only by its kind Art. 928

f. If legacy/devise is only partly owned by testator D/L will get that part Art. 929

Exception: testator expressly declares he is giving the whole thing. Estate buys the rest of
property and if owner does not like to sell, estate gives D/L, testators share plus cash
value of rest

g. Legacy or devise belonging to another when the testator thought he owned it VOID
Art. 930

Exception: disposition takes effect if testator acquires it after

making his will

h. If thing given as legacy or devise is not owned by testator at the time of making the will but
he orders his estate to acquire it, D/L is valid. If owner does not sell or demands exorbitant
price, D/L gets just value of thing Art. 931
i. L/D of thing already belonging to L/D is ineffective, but if legacy consists of freeing the
thing from encumbrance, the legacy is valid to that extent Art. 932
j. L/D belonged to L/D at the time of execution of will, L/D is

ineffective even if L/D subsequently alienates it Art. 933

Exception: if L/D acquires it onerously after the making of will-

entitled to reimbursement from heir or estate for price

k. L/D of something pledged or mortgage to secure a debt, estate shall pay the debt to free
thing from encumbrance Art. 934
Exception: if testator provides otherwise
Any other burden (e.g. easement, usufruct) attached to property
l. legacy of credit or remission of debt Art. 935-937
(1) legacy of credit testator bequeaths a credit v. a third person; apples only to
amounts outstanding at time of testators death; estate to comply with legacy by
assigning all rights of action v. debtor Art. 935
(2) legacy of remission of debt applies only to amounts existing at time of testators
debt; estate to comply by giving L an acquittance Art. 935
(3) legacy of pledge limited to discharge of pledge Art. 936
(4) legacy shall lapse if testator subsequently files a collection case v. debtor- Art. 936
 (5) generic legacy of release or remission of debt comprises only those existing at time
of execution of will Art. 937
m. legacy or devise made to creditor not applied to his credit or
payment of testators debt Art. 938
n. Art. 939 relate to Art. 925
o. Art. 940 rule on alternative legacies; relate to Art. 942 and 943
p. Art. 941 - Legacy of generic personal property valid even if nothing of the same kind exists
in the estate; estate shall buy it; executor to choose thing of medium quality - neither inferior
not superior quality
q. Art. 941 devise of indeterminate real property valid only if there be immovable of its kind
in the estate
r. Art. 944 duration and amount of different legacies
(1) education until L is of legal age, or until L finishes prof, voc or gen. course, with
diligent study
(2) support during lifetime of L, unless testator provides otherwise
(3) rules as to amount:
i. amount prescribed by testator
ii. what testator used to give during his lifetime
iii. in accordance with his needs (social standing and circumstances)
s. legacy of pension shall be demandable from death of testator and payable at the beginning
of each period and shall not be returned although legatee died before the end of the period
Art. 945
t. Art 946 same as Art. 934, par. 3 usufruct attaches to L/D until extinguished
u. Rules on demandability, fruits and ownership of D/L Art. 947-949
(1) demandability
(4) pure upon testators death Art. 947, 945
(5) with a term upon arrival of term
(6) conditional upon happening of suspensive condition
(2) fruits
i. pure and specific upon testators death Art. 948
ii. pure and generic upon determination of what is to be delivered to D/L
unless the testator provides otherwise Art. 949
iii. with a term upon arrival of the term
iv. conditional upon happening of suspensive condition
(3) ownership
1. pure and specific upon the death of the testator Art. 777
2. pure and generic:
i. if the thing comes from testators estate upon testators death
ii. if the thing is to be acquired from a third person upon acquisition
3. with a term upon the testators death (effect retroacts)
4. conditional upon testators death (effect retroacts)

v. order if preference of payment of legacies Art. 950

Art. 950 to be followed for any other reason other than impairment of legitimes; otherwise
follow Art. 911: If you reduce legacies, reduce all except those preferred according to
testator.

w. thing bequeathed includes all accessions and accessories Art. 951

x. L/D must be delivered if able to do so and obligation cannot be discharged by giving its
value Art. 952
y. L of money to be paid in cash even if estate does not have any
z. Expenses for delivery of D/L is for account of estate or heir but shall not reduce legitimes
Art. 952
aa. L/D cannot take possession of L/D but shall request it from heir or executor Art. 953
bb. Rule when there is only one legacy or devise L/D cannot accept part and repudiate other
part Art. 954
cc. If L/D dies before D/L is delivered and leaves several heirs, some may accept and some
repudiate share respectively belonging to them and rule on accretion, acceptance and
renunciation apply as the case may be Art. 954
dd. Rule when there are two D/L , one of which is onerous and other gratuitous D/L cannot
accept one and repudiate the other; either accept both or repudiate both Art. 955
Exception: both are onerous or both gratuitous D/L may accept and renounce both or
accept one and renounce the other
Exception to the exception: if testator intended that the D/L are inseparable, D/L either
accept both or renounce both
ee. Compulsory heir who is also D/L: may accept inheritance and renounce D/L or waive
inheritance and accept D/L Art. 955
ff. D/L cannot or unwilling to accept D/L or D/L becomes ineffective, property goes to mass of
estate- Art. 956
Exception: in cases of substitution and right of accretion Art. 956
gg. Grounds for revocation of legacy or devise (by operation of law) Art. 957
a. transformation of thing
b. testator alienated the thing, intention to revoke manifest
b.1. exception - if testator reacquires the thing by virtue of right of repurchase, D/L valid

b.2. alienation annulled because of vitiated consent D/L valid
c. D/L totally lost
hh. Mistake in designation (name) of thing bequeathed or devised does not invalidate the D/L if
it is possible to identify it Art. 958

EIGHTH WEEK LEGAL OR INTESTATE SUCCESSION- ART. 960-1014

1. Who are intestate heirs 8 classes in order

2. Table of Intestate Shares - Art. 978-1014 (Total intestacy: different combinations)
3. How proximity is determined - Art. 963
Degree defined
Line defined Art. 964
- direct or
- collateral
4. Kinds of direct line Art. 965
- ascending
- descending
5. Direct line ascent made to a common ancestor
6. Collateral ascent to common ancestor and then descent to person with whom
computation is made
7. Full and half-blooded relationship defined Art. 967
8. Rules in intestacy:
a. Nearer excludes the more remote.
b. Descending line is preferred over the collateral.
c. Descending line is preferred over the ascending.
9. There is no limit to the consideration of heirs in the direct line; in the collateral line, the
limit is 5 degrees
10. If several relatives are of same degree, one or some are incapacitated to accept the
inheritance, his portion shall accrue to others of same degree, unless the incapacitated
has the right to be represented in the inheritance. _ Art. 968
11. If share is repudiated - share of renouncer goes to heirs of the same degree by accretion.
Renouncer cannot be represented.- Art. 969
12. In renunciation, those of the following degree shall inherit in their own right. Art. 969
13. Representation defined Art. 970
14. When does right of representation operate?
a. Predecease Art. 982, 975
b. Disinheritance Art. 923
c. Incapacity or unworthiness to succeed Art. 1073

15.When does representation not operative Art. 968-969,

 Art. 977

16.In what kinds of succession does it operate?

a. Compulsory
b. Intestate

N.B. does not apply to testamentary succession

17. The representative succeeds to the estate of the one whom

the person represented would have succeeded. Art. 971

18. Right of representation:

a. takes place in the direct descending, never in the ascending

line

b. takes place in the collateral line only in favor of

children of brothers or sisters, whether full or half-blood

c. representative must himself be capable of succeeding Art. 973
d. Succession by representation is by stirpes representative shall not inherit more than
what the person they represent would inherit- Art. 974
Compare with Art. 1005 per capita (equally) v. per stirpes (by representation
e. Nephews and nieces of deceased inherit by representation is they survive with
uncles or aunts. If alone, inherit in equal parts . Art. 975
f. A person whose inheritance an heir has renounced may represent the latter. Art.
976
g. Heirs who repudiate may not be represented. Art. 977

19. Iron curtain rule prohibits an illegitimate child from inheriting

from the legitimate relatives of his parents; such relatives may not

inherit from illegitimate child Art. 992

20. In default of persons entitled to succeed intestate from the

deceased, the State shall inherit the whole estate. The Rules of

Court shall govern how the State shall take possession of the

Estate.

a. personal property to municipality/city where decedent last

resided and real estate property to mun/city where located
b. if decedent not a resident, estate shall be assigned to city/mun
where property is located
c. estate for the benefit of public schools, and public charitable
institutions in area
d. court apportion estate according to needs of beneficiaries
e. at instance of interested party or moto propio, court may order
permanent trust so only income from property shall be used
f. any person legally entitled to estate may claim by court action
within 5 years from date property was delivered to State

21. Bocayo v. Borromeo nephews and nieces exclude uncles and

aunts (Art. 1009 by inference)

22. Other collaterals entire estate in equal shares

Rules:

a. No distinction between full and half-blood

b. No representation
c. Nearer excludes the more remote
 d. Up to 5th degree only (Art. 1009-1010)
e. In case of illegitimate decedent, collaterals up to nephews and nieces only

NINTH WEEK PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS

-- Art. 1015-1105

1. Right of Accretion
a. Definition Art. 1015
b. When accretion takes place
1) predecease
2) renunciation
3) incapacity

PROVIDED, only some, not all of the instituted heirs give ground

2. Elements of accretion Art. 1016

a. 2 or more persons called to the same inheritance (they are all related to the decedent
in the same degree) or same portion thereof
b. pro indiviso
c. one of the persons thus called, predecease, renounce or is incapacitated to succeed
d. N.B. accretion takes place in intestacy only if there is no right of representation in the
case of predecease, incapacity or unworthiness of person called to the inheritance. In
renunciation, there is always accretion.
3. How does accretion operate? - Art. 1019
In the same proportion that they inherit
4. Heirs to whom share accrues inherit all the rights and obligations
attached to share.
Exceptions: (1) unless the testator provides otherwise for
testamentary succession
(2) the obligation is purely personal
5. When will accretion take place in intestacy?
(1) Predecease only if there is no right of representation
(2) Renunciation always; co-heirs inherit in their own right
(3) Incapacity or unworthiness only If there is no right of rep.
6. Among compulsory heirs, accretion takes place only when there is
a free portion left to 2 or more of them or to anyone of them and a stranger Art. 1021
IF the part repudiated is the legitime, the other co-heirs inherit it in their own right.
7. Accretion in testamentary succession - inferior to substitution. If the instituted heir (PRI)
and there is no substitute designated, the vacant portion of the instituted heir go to the
legal heirs of the testator. Art. 1022. This means that if there is neither substitution nor
accretion, the vacant part shall go by way of intestacy.
8. Capacity to succeed by will or intestacy
1. Persons not incapacitated by law may succeed by will or intestacy. Art. 1024.
2. Who are incapacitated to succeed?
a. Persons who are not alive at the time of death of testator or decedent. Art.
1025
Exceptions:
a.1. unless the compulsory heir who dies has descendants who have the right to
represent him
a.2. Child already conceived at the time of death of testator/decedent who
under the law is given presumed civil personality under Art. 41 of CC.
a.3. Corporations or entities may succeed under a will, provided they already
exist at time of testators death and their charter does not prohibit them from
inheriting Art. 1026

b. Persons who are validly disinherited in a valid will.

 c. Persons who are incapacitated to inherit under Art. 1027.

d. Persons who are incapacitated to inherit under Art. 1032.

e. Persons who are disqualified to be instituted as heirs under

Art. 1028 in relation to Art. 739, CC

3. Testamentary disposition for prayers and pious works for the

benefit of his soul property designated will go to his Church (1/2) and the State
(1/2). Church and State shall use the inheritance for purposes under Art. 1013.
4. Testamentary dispositions in favor of the poor in general, w/o designation of
particular persons or community Art. 1030
a. limited to poor living at the domicile of testator upon his death.
b. Who is to designate (in order of preference)
b.1. person designated by the testator for that purpose
b.2. executor (if not named in will, judge will appoint one)
b.3. MTC judge, mayor, municipal treasurer

5. Incapacity to succeed by reason of unworthiness (Art. 1032)

a. Eight grounds

b. Grounds 1, 2, 3, 5 and 6 are the same as inheritance. Effect

of Art. 919 and Art. 1032 is the same. Under common

grounds, there is no need to disinherit because the heir is

incapacitated to inherit under Art. 1032.

c.If testator had knowledge of the causes of unworthiness at

the time he made the will, and instituted the heir in it, he is presumed to have
pardoned the heir, or if testator comes to know them subsequently, he should
condone the causes in writing (written pardon). Art. 1033
d. In Art. 919, disinheritance is lifted by reconciliation.
e. What to follow if reason for disinheritance is a common ground follow rules
of disinheritance (Balane)
f. When to judge capacity of heir - Art. 1034
(1) No. 1, 6. 7, and 8 at time of death
(2) Nos. 2, 3, and 5 requires final judgment of conviction
(3) No. 4 expiration of month allowed for report, if required to file one
(4) Conditional institution, legacy or devise at time of compliance with
condition and time of death of decedent.
g. Grounds 6, 7, and 8 cover 6 cases relating to a will
h. If Incapacitated heir is descendant of decedent who has descendants at the time of
death of decedent, the latter shall acquire his legitime but the incapacitated heir
shall not have administration nor usufruct over property inherited by his
descendants. Art. 1035
i. Art. 1035 assumes that net free portion has been disposed of completely, if not,
intestate share of incapacitated heir will also go to his descendants.
j. Acts of alteration and administration done by incapacitated heir prior to judicial
order of exclusion are valid as to 3rd persons who acted in good faith but co-heirs
may recover damages from the excluded heir. Art. 1036
k. Unworthy heir entitled to be reimbursed for necessary expenses incurred by him
from estate Art. 1037
l. Unworthy heir must return property, fruits and rents from property that he
received while in possession of property. Art. 1038
m. Capacity to succeed from decedent governed by national law of decedent Art.
1039
n. Right of heir to recover inheritance from disqualified heir who took possession
thereof must be exercised within 5 years from possession. Art. 1040