Succession

A. Elements

Subjective: Decedent, Heirs, Devisees, and Legatees

Objective: Inheritance
Causative: Death

B. Kinds

Testate

1. Wills

a. In general

Article 783: A will is an act whereby a person is permitted with the formalities prescribed by
law (SOLEMN) to control to a certain degree (LEGITIME MUST BE PRESERVED) the
disposition of his estate, to take effect after his death.

EXPLAIN:

Will as a SUPeRIC act (i.e., solemn, unilateral, personal, revocable, intelligent, and
conditioned upon the testators death).

Interpretation of wills

i. Testators intent as the supreme law;

ii. Intrinsic and extrinsic ambiguities and the manner of curing them;
iii. Effect in case the ambiguity is incurable; invalidity of one of several
dispositions does not result in the invalidity of the others, except in case of
indivisibility of intention.
iv. Article 793: Property acquired after the making of a will shall only pass
thereby, as if the testator had possessed it at the time of making the will, should
it expressly appear by the will that such was his intention.
v. Laws in force at the time of making govern formalities of wills.

b. Testamentary capacity and intent

Article 796: All persons who are not expressly prohibited by law may make a will (e.g., minors
are legally prohibited from making a will).

EXPLAIN:

Testamentary capacity + Testamentary intent = Valid Will.

Testamentary capacity (comprised of)

i. Age requirement. At least 18 years old.

ii. Mental condition requirement. [To be of sound mind, it is not necessary that
the testator be in full possession of all his reasoning faculties, or that his mind
be wholly unbroken, unimpaired, or unshattered by disease, injury or other
cause. It shall be SUFFICIENT if the testator was able at the time of making
the will to [a] know the nature of the estate to be disposed of, [b] the proper
objects of his bounty, and [c] the character of the testamentary act.
iii. Presumption of soundness of mind and burden of proof. Exception (the burden
is shifted): If the testator, one month or less before making the will, was
PUBLICLY known to be insane.
iv. Time of making the will shall be the precise moment when testamentary is
determined. Effect of supervening incapacity and supervening capacity.
c. Forms

EXPLAIN:

Notarial wills must be (Articles 804-808)

1. Written [in a language of dialect know to the testator]

2. Subscribed [at the end thereof] by the testator himself or by the testators name
written by some other persons in his presence and by his express direction
3. Attested by three or more credible witnesses in the presence of the testator and of
one another
4. Subscribed by three or more credible witnesses in the presence of the testator and
of one another
5. Signed [by the testator or the person requested by him to write his name and the
instrumental witnesses] at the left margin on each and every page, except the last
6. Paged by numbers correlatively in letters [placed on the upper part of each page]
7. Accompanied by an Attestation Clause stating: (a) the number of pages used
upon which the will is written; (b) the fact that the testator signed the will and
every page thereof or caused some other person to write his name under his
express direction in the presence of the instrumental witnesses; and (c) the fact
that the instrumental witnesses witnessed and signed the will and all the pages
thereof in the presence of the testator and of one another. [If the attestation clause
is in a language not known to the witnesses, it shall be interpreted to them]
8. Acknowledged before the notary public

***** Special requirements

9. If the testator be deaf or a deaf-mute, he must personally read the will, if able to
do so; otherwise, he shall designate two persons to read it and communicate to
him, in some practicable manner, the contents thereof
10. If the testator is blind, the will shall be read to him twice; once, by one of the
subscribing witnesses, and again, by the notary public before whom the will is
acknowledged.

Article 809: Substantial Compliance Rule

Holographic wills must be

1. Entirely written by the hand of the testator himself

2. Entirely dated by the hand of the testator himself
3. Entirely signed by the hand of the testator himself

In case of holographic will, the testator may make piecemeal testamentary dispositions.
However, subsequent testamentary dispositions written below the testators signature
must also be DATED and SIGNED by him, in order to make them valid. EXCEPTION:
When a number of dispositions appearing in a holographic will are signed without
being dated, and the last disposition has a signature and date, such DATE validates the
dispositions preceding it, whatever be the time of prior dispositions.

Witnesses required during probate? Expert witness? Should a copy of the will be
presented during probate? What if no copy is available?

In case of any insertion, cancellation, erasure or alteration in a holographic will, the

testator must authenticate the same by his full signature.

[Meaning of full signature? Effect if there is no proper authentication? Effect if

insertion is made a third person without consent of the testator? Suppose there was
consent from the testator but without authentication? With consent AND
authentication?]

Governing laws vis--vis formalities of wills, as to PLACE element. [Recall TIME

element]
 What is a joint will? Is it valid in the Philippines? Exception.

d. Witnesses

EXPLAIN:

A competent witness is any person

1. Of sound mind
2. Of legal age
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines, and
6. Not previously convicted of falsification of a document, perjury or false
testimony.

***** Article 822: If the witnesses attesting the execution of a will are competent at
the time of attesting, their becoming subsequently incompetent shall not prevent the
allowance of the will.

***** Article 823: The person attesting the execution of the will, his spouse, parents
or children CANNOT receive anything from the estate of the testator [THROUGH
THE WILL], by way of a devise or legacy. EXCEPTION: Unless there are three other
competent witnesses to such will. In all cases, the witness is not rendered incompetent
by the giving of legacy or devise to him or to his spouse, parents, or children.

e. Codicils and incorporation by reference

EXPLAIN:

A codicil is a supplement or addition to a will, made after the execution of a will and
annexed to be taken as a part thereof, by which any disposition made in the original
will is explained, added to, or altered. In order that a codicil may be effective, it shall
be executed as in the case of a will.

[Must the Codicil conform to the form of the will to which it refers? NO. A holographic
will can have an attested codicil and vice versa. Both may also be of the same kind.]

Aside from codicil, any separate document or paper may also be considered as part of
the will if it is duly incorporated thereof by reference, and provided that:

1. the paper or document is existing at the time of the execution of the will
2. the will clearly describes and identifies the paper or document, stating among
others the number of pages thereof
3. clear and satisfactory proof of the identity of the document or paper referred to in
the will is available, and
4. the document or paper is signed by the testator and the witnesses on each and every
page, except in case of voluminous books of account or inventories.

f. Revocation of wills and testamentary disposition

EXPLAIN: [Article 823: A will may be revoked by the testator at any time before his death.
Any waiver or restriction of this right is void]

Governing laws as to revocation of wills [Revocation within the Philippines

Philippine law, regardless of whether the testator is domiciled or not in the Philippines.
But revocation outside the Philippines domiciliary theory, that is, valid if according
to the law of the place where the will was made or the law of the place in which the
testator had his domicile at the time of revocation].
Doctrine of Instanter in relation to revocation of wills
 Philippine law on revocation of wills No will shall be revoked except in the
following cases:

1. By implication of law. May be total or partial (i.e., preterition [854],

transformation, alienation or loss of the object devised or bequeathed [957], legal
separation [63, par. 4, FC], unworthiness [1032], judicial demand of a credit given
as a legacy [936])
2. By some will, codicil, or other writing executed as provided in case of wills
[expressly or impliedly; total or partial].

NOTE: Revoking will must itself be VALID {even if inoperative by reason of

incapacity of heirs, devisees or legatees designated therein, or by their
renunciation}. In other words, it should pass probate.

3. By physical act (burning, tearing, cancelling, or obliterating the will) coupled with
intention to revoke or animo revocandi, done by the testator himself or by another
person in his presence and by his express direction.

Doctrine of dependent relative revocation.

Recognition of illegitimate child does not lose its legal effect, even though the will
wherein it was made should be revoked. The will however must be VALID.

g. Republication and revival of wills

EXPLAIN:

Republication: By reproduction and by reference. Dispositions in void will due to form,

must be reproduced.
Revival: By operation of law

h. Allowance and disallowance of wills

EXPLAIN:

Article 838: No will shall pass either real or personal property unless it is proved and
allowed in accordance with the Rules of Court. Testator himself may file a petition for
allowance of the will, during his lifetime.
As a rule intrinsic validity of the will is outside the jurisdiction of the probate court.
X forged the will of T. Thereafter the will was successfully probated. May X be
prosecuted for forgery? NO. Probate of the will amounts to a conclusive presumption
of its due execution.
Ground for disallowance of probate, e.g., violation of formal requisites, incapacity to
make a will, mistake on the part of testator, fraud, force, duress, etc.

THIS IS PROVIDED BY RULES OF COURT.

2. Institution of heirs

[Article 840: It is an act by virtue of which a testator DESIGNATES in his will the PERSON or
PERSONS who are to SUCEED him in his property and transmissible rights and obligation].

EXPLAIN:

a. Not a requisite to the validity of wills.

A will shall be valid even though it should not contain an institution of an heir, or such
institution should not comprise the entire estate, and even though the person so
instituted should not accept the inheritance or should be incapacitated to succeed.

b. How much can be given to instituted heirs? Answer: It depends on whether or not the testator
has compulsory heirs. If none, the entire estate or any part of it may be disposed of by will.
c. How should the institution of heirs be made?

IDEALLY, the heirs should be designated by his NAME & SURNAME, and if two
persons have the same names and surnames, the testator shall indicate SOME
CIRCUMSTANCE by which the instituted heir may be known. The purpose of this is
to ENSURE that the IDENTITIES of the heirs become CERTAIN. Remember: Article
844 declares that a person instituted in the will who cannot be identified shall not
be considered as an heir. Article 845 adds that every disposition in favor of an
unknown person shall be void.
HOWEVER, even though the testator may have omitted the name of the heir, or
committed an error in the name or surname or circumstances of the heir, should he
designate him in such manner that there can be no doubt as to who has been instituted,
the institution shall be valid. That is, if the IDENTITY of the heir is established
anyhow, the institution stands.

d. How much shall each heir inherit? Answer: According to the designation of shares made by
the testator. But heirs instituted without designation of shares shall inherit in EQUAL parts.

e. Special rules on institution of heirs:

*****Article 847: When the testator institutes some heirs individually and others collectively,
those collectively designated shall be considered as individually instituted, UNLESS it clearly
appears that the intention of the testator was otherwise. (INDIVIDUALITY is presumed)

*****Article 848: If the testator should institute his brothers and sisters, and he has some of
full blood and others of half-blood, the inheritance shall be distributed EQUALLY, unless a
different intention appears. (EQUALITY is presumed)

*****Article 849: When the testator calls to the succession a person and his children, they are
all deemed to have been instituted SIMULTANEOUSLY and not successively.

****Article 850: The statement of a false cause for the institution of an heir shall be considered
as not written, UNLESS it appears FROM THE WILL that the testator would not have made
such institution if he had known the falsity of such cause.

*****Article 851: Rule that those not covered by the testamentary disposition shall be settled
according to the law of intestate succession.

*****Articles 852 & 853: What is the rule in case of conflict between the testators intention
and his testamentary disposition?

f. Preterition.

EXPLAIN:

Requisites of Preterition:

1. The heir omitted must be a compulsory heir in the direct line;

2. The omission must be complete and total in character in such a way that the omitted
heir does not and has not received anything at all from the testator by ANY TITLE
WHATSOEVER; and
3. The compulsory heir omitted should survive the testator.

[Omission of illegitimate children and adopted children may also result to

preterition. But omission of the spouse will not result to preterition]

*****T has a legitimate child, X, and an illegitimate child, Y. During his lifetime,
T donated a parcel of land to Y worth P10K. Before his death, T executed a will
instituting X as his sole heir, omitting Y altogether. The remainder of Ts estate is
P50K. Shall the omission of Y in the will result to the annulment of the institution
of X because of preterition? Answer: NO, because there is no total omission of Y
in the inheritance. The donation inter vivos given to him is considered as an
 advance to his legitime. So, the 10K donation shall be collated to make Ts NHE
P60K of which P30K belongs to X as his legitime. Ys legitime under the law is
P15K, but since he received P10K in advance, he only entitled to completion of
his legitime. He can demand for additional P5K. The balance of the estate shall be
given to X.

****Problem: T died leaving a will instituting his wife, W, and his 2 daughters, A
and B without designating their shares. A third daughter, C, is omitted entirely
without being disinherited. In the will, T also bequeathed a legacy of P20K to A.
Ts NHE is P240K. Distribute. Answer: A gets P55K as legal heir and P20K as
legatee; B, C, and W would each get P55K as legal heir.

g. Rule on non-transmission of hereditary rights in testamentary succession.

EXPLAIN:

Article 856: A voluntary heir who dies before the testator transmits nothing to his heirs.
A compulsory heir who dies before the testator, a person incapacitated to succeed, and
one who renounces the inheritance, shall transmit no right to his own heirs except in
cases expressly provided for in this Code.

T, a very wealthy man, executed a will wherein he instituted as his only heirs his 3
brothers, A, B and C without designating their shares. Before T died, both B and C
were killed in a vehicular accident. B is survived by a son while C is survived by 2
daughters. T died 2 days later without changing his will, survived only by brother A
and the children of predeceased brothers B and C. The NHE is P6M. Distribute.

3. Substitution of heirs

EXPLAIN:

Kinds:

1. Simple or common refers to appointment of one or more persons to substitute the

heir or heirs instituted in case such heir or heirs should predecease the testator,
repudiate the inheritance, or become incapacitated.

a. If 2 or more persons are appointed to substitute 1 heir Brief.

b. If 1 person is appointed to substitute 2 or more heirs Compendious.
c. If the instituted heirs are appointed as substitute for each other Reciprocal.

2. Fideicommissary - This substitution exists with the concurrence of three persons:

a. The testator (Fideicomitente), who orders the substitution;

b. The first heir (Fiduciario or fiduciary), who is charged with the preservation and
the transmission of the inheritance; and
c. The second heir (Fideicomisario or fideicommissary), to whom the inheritance is
transmitted.

***** 4 Limitations on fideicommissary substitution: 1. the substitution must not

go beyond one degree from the heir originally instituted; 2. the fiduciary and the
fideicommissary must be living at the time of the death of the testator; 3. the
substitution must not burden the legitime; and 4. the substitution must be made
expressly.

***** Rights of Fiduciary. He acquires upon the death of the fideicomitente all of the
rights of a usufructuary until the moment of delivery to the fideicommissary. In other
words, pending the transmission or delivery, he possesses the beneficial ownership of
the property, although the naked ownership is vested in the fideicommissary.

***** Rights of Fideicommissary. He has all the rights of a naked owner. He can sell
the property/inheritance.
 ***** NOTE: Nullity of the fideicommissary substitution does not prejudice the
validity of the institution of the first heir. The fideicommissary clause shall simply be
considered as not written.

***** Please take note of the ineffective dispositions or testamentary provisions under
Articles 867 to 870, e.g., prohibition to alienate for a period of more than 20 years.

4. Conditional testamentary dispositions and testamentary dispositions with a term

EXPLAIN:

A testamentary disposition may be:

1. Conditional.

***** Impossible conditions and those contrary to law or good customs shall be
considered as not imposed and shall in no manner prejudice the heir, even if the testator
should otherwise provide.

***** An ABSOLUTE condition not to contract a first or subsequent marriage shall

be considered as not written unless such condition has been imposed on the widow or
widower by the deceased spouse or by the latters ascendants or descendants. [Right
of usufruct or allowance or some personal prestation may be devised or bequeathed to
any person for the time during which he or she should remain unmarried or in
widowhood.

***** Disposition Captatoria: Any disposition made upon the condition that the heir
shall make some provision in his will in favor of the testator or of any person shall be
void.

***** Capacity of heir to succeed shall be determined at the time of the HAPPENING
OF THE CONDITION.

**** Just like in Obligations & Contracts, the condition can be suspensive {inheritance
to be placed under administration} or resolutory; potestative, casual or mixed {when
shall the condition be fulfilled?}; positive or negative {bond/security is required before
he may enter the inheritance}.

2. With a term [Article 885: The designation of the day or time when the effects of the
institution of an heir shall commence or cease shall be valid].

***** Can either be suspensive term {inheritance to be placed under administration}

or resolutory term. A disposition with a suspensive term does not prevent the
instituted heir from acquiring his rights and transmitting them to his heirs even
before the arrival of the term.

3. Modal

***** Article 882 {Presumption of Modal or Conditional}: The statement of the

OBJECT OF THE INSTITUTION, or the APPLICATION OF THE PROPERTY
LEFT BY THE TESTATOR, or the CHARGE IMPOSED by him, shall not be
considered as a condition, unless it appears that such was his intention. That which has
been left in this manner may be CLAIMED AT ONCE provided that the instituted heir
or his heirs give security for compliance with the wishes of the testator and for the
return of anything he or they may receive, together with its fruits and interests, if he or
they should disregard this obligation. When the mode cannot be complied with in the
exact manner as stated by the testator without the fault of the heir, it shall be complied
 with in a manner most analogous to and in conformity with his wishes. (Relate the
Doctrine of Constructive Fulfillment).

5. Legitime

EXPLAIN:

What is a legitime? Who are entitled to legitime? Who are the compulsory heirs?
Give examples of some legal provisions protecting the legitime?

***** Article 904. The testator cannot deprive his compulsory heirs of their legitime,
except in cases expressly specified by law. Neither can he impose upon the same any
burden, encumbrance, condition, or substitution of any kind whatever.

***** Article 905. Every renunciation or compromise as regards a future legitime between
the person owing it and his compulsory heir is void, and the latter may claim the same upon
the death of the former; but they must bring to collation whatever they may have received
by virtue of the renunciation or compromise.

***** Article 906. Any compulsory heir to whom the testator has left by any title less than
the legitime belonging to him may demand that the same be fully satisfied.

***** Article 907. Testamentary dispositions that impair or diminish the legitime of the
compulsory heirs shall be reduced on petition of the same, insofar as they may be
inofficious or excessive.
How to compute the legitime? How to determine the NHE? What is the formula? (Article
908: [Gross Estate Debts and Charges] + Collationable Donations = NHE.

{PROBLEM for the class: See pp. 318 to 319}

**** After the NHE is determined, the order of distribution is as follows:

1. Legitimes
2. Donation inter vivos (to be respected)
3. Legacies & Devises
4. Institution

[Thus, if the legitimes are impaired, the legacies and devisees shall be
reduced first, pro rata, except when the testator has directed that certain
devise or legacy be preferred]

{PROBLEM for the class: See pp. 321 to 322}

 How much is the legitime of each compulsory heirs? [Please master your TABLE OF
LEGITIMES]

*****SPECIAL RULES (a) on legitime of the surviving spouse [Article 900], (b) on
illegitimate children and the transmissibility of their rights [Articles 895 & 902]

{PROBLEM for the class: See pp. 301 to 302}

Reserva Troncal

Article 891: The ascendant who inherits from his descendant any property which the latter
may have acquired by gratuitous title from another ascendant, or a brother or sister, is
obliged to reserve such property as he may have acquired by operation of law for the benefit
of relatives who are within the third degree and who belong to the line from which said
property came.

EXPLAIN:

There are 4 parties in Reserva Troncal the Origin, the Propositus, the Reservista, and the
Reservatarios. All these personal elements must be joined by the bonds legitimate
relationship. In other words, reserve truncal is possible only in the legitimate family.

*****Requisites

1. First Transfer. From Origin [an ascendant or a brother or sister] to Propositus by

GRATUITOUS TITLE (e.g., donation or succession).
2. Second Transfer. From Propositus to Reservista [another ascendant] by OPERATION
OF LAW (intestate succession or succession as to the legitime only, excluding
testamentary succession).
3. Propositus died without legitimate issues in the direct descending line who could
inherit from him.
4. At the time of death of the Reservista, there are qualified Reservatarios.

ILLUSTRATION: (See pp. 249)

NOTES:

***** As to the Origin. He must be the OWNER of the reservable property. Thus, a
father insured his life and made his daughter the beneficiary. The father died and the
insurance proceeds was collected by the daughter who shortly thereafter also died. The
insurance proceeds then passed by operation of law to the mother. Is there reserve
truncal? Same with a father giving a sweepstake ticket to a daughter who died and
thereafter the ticket won and the prize was collected by the daughter. If the daughter
would also die and the prize would pass to the mother by operation of law, is there a
reserve truncal? NO, to both.

***** As to the Propositus. He must have no legitimate issue. He is the arbiter as to

the operation of reserve truncal. If he sells or transforms the property, there is no more
reservable property. This is evidenced by the word such in Article 891.
 ***** As to the Reservista. Son institutes his mother as universal heir. One half of
sons estate was acquired by him by gratuitous title from his father. How much is the
reservable property? Two divergent opinions: Reserva Maxima and Reserva Minima.

***** As to the Reservatarios. To be qualified: (a) they must be legitimate relatives of

the propositus within the third degree; (b) they must belong to the line from which the
reservable property came; and (c) they must survive the reservista. [If there are several
qualified reservatarios, how are they going to share the reservable property?]

ILLUSTRATION: (See pp. 267)

6. Disinheritance

7. Legacies and devises

Intestate

Mixed