Partition cannot be demanded when:

1. Expressly Prohibited by testator for a period not more than 20 years

2. Co-heirs Agreed that estate not be divided for period not more than 10 years, renewable for another
10 yrs
3. Prohibited by law
4. To partition estate would render it Unserviceable for use for which it was intended

What is collation?
It is the process of adding the value of thing donated to the net value of hereditary estate. To collate is to
bring back or return to the hereditary mass, in fact or fiction, property which came from the estate of the
decedent, during his lifetime, but which the law considers as an advance from the inheritance. Collation
is applicable to both donations to compulsory heirs and donations to strangers.

General Rule:
Compulsory heirs are obliged to collate.

Exception:

1. When testator should have so expressly provided;

2. When compulsory heir repudiates his inheritance

What are the properties that are to be collated?

1. Any property/right received by gratuitous title during testator’s lifetime
2. All that may have been received from decedent during his lifetime
3. All that their parents have brought to collation if alive

What are the properties not subject to collation?

1. Absolutely no collation – expenses for support, education (elementary and secondary only), medical
attendance, even in extra-ordinary illness, apprenticeship, ordinary equipment or customary gifts.
2. Generally not imputed to legitime:

a. Expenses incurred by parents in giving their children professional, vocational, or other career unless
the parents so provide, or unless they impair the legitime.

b. Wedding gifts by parents and ascendants consisting of jewelry, clothing and outfit except when they
exceed 1/10 of the sum disposable by will.

Note: Only the value of the thing donated shall be brought to collation. This value must be the value of
the thing at the time of the donation.

REPUDIATION
What are the ways by which the repudiation of the inheritance, legacy or devise may be made?
1. By means of a public instrument
2. By means of an authentic instrument
3. By means of a petition presented to the court having jurisdiction over the testamentary or intestate
proceedings.
What is the effect of repudiation if an heir is both a testate and legal heir?
If an heir is both a testate and legal heir, the repudiation of the inheritance as a testate heir, he is
understood to have repudiated in both capacities. However, should he repudiate as a legal heir, without
knowledge of being a testate heir, he may still accept the inheritance as a testate heir.

What is the iron-curtain rule?

Art. 992 of the Civil Code provides that illegitimate children cannot inherit ab intestato from the legitimate
children and relatives of his mother or father. Legitimate children and relatives cannot inherit in the same
way from the illegitimate child.

Note: The iron curtain rule only applies in intestate succession. There is a barrier recognized by law
between the legitimate relatives and the illegitimate child so that one cannot inherit from the other and
vice-versa.

Rationale: The law presumes the existence of antagonism between the illegitimate child and the
legitimate relatives of his parents.

What is right of representation?

Right created by fiction of law where the representative is raised to the place and degree of the person
represented, and acquires the rights which the latter would have if he were living or could have inherited.

What is the effect of representation?

Whenever there is succession by representation, the division of the estate shall be made per stirpes, in
such manner that the representative or representatives shall not inherit more than what the person they
represent would inherit, if he were living or could inherit. (Art. 974)

Note: Per stirpes means inheritance by group, all those within the group inheriting in equal shares.
Representation is superior to accretion.

When does right of representation arise?

Representation may arise either because of:

1. death,
2. incapacity, or
3. disinheritance.

When is right or representation not available?

1. As to compulsory heirs: In case of repudiation, the one who repudiates his inheritance cannot be
represented. Their own heirs inherit in their own right.
2. As to voluntary heirs:
Voluntary heirs, legatees and devisees who:

a. Predecease the testator; or

b. Renounce the inheritance cannot be represented by their own heirs, with respect to their supposed
inheritance.

Does right of representation apply in the collateral line?

Right of representation takes place only in favor of children of brothers or sisters, whether full or half
blood and only if they concur with at least one uncle or aunt.

Note: This rule applies only when the decedent does not have descendants.

Does the right of representation apply to adopted children?

No. The right of representation cannot be invoked by adopted children because they cannot represent
their adopting parents to the inheritance of the latter’s parents.

Reason: The law does not create any relationship between the adopted child and the relatives of the
adopting parents, not even to the biological or legitimate children of the adopting parents.

Note: Under R.A. 8552 or the Domestic Adoption Law, the adopted child and the adopting parents have
reciprocal successional rights.

What is the rule on equal division of lines?

General Rule: Intestate heirs equal in degree inherit in equal shares.

Exception:

1. In the ascending line, the rule of division by line is ½ to the maternal line and ½ to the paternal line, and
within each line, the division is per capita.

2. In the collateral line, the full-­­blood brothers/sisters will get double that of the half-blood.

3. The division in representation, where division is per stirpes – the representative divide only the share
pertaining to the person represented.

Note: The share of an illegitimate child is ½ of the share of a legitimate one. Full blood brother or sister is
entitled to double the share of half brother or sister (Art. 1006). Compulsory heirs shall, in no case, inherit
ab intesto less than their legitime as provided in testamentary succession.

What is legal or intestate succession?

Legal or intestate succession is that which is effected by operation of law in default of a will. It is legal
because it takes place by operation of law; it is intestate because it takes place in the absence or in default
of a last will of the decedent. (Jurado, p. 377)

What is the formula for application of inheritance?

The following are applied successively:

1. Institution of an heir (Bequest, in case of legacies or devises)

2. Substitution, if proper
3. Representation, if applicable
4. Accretion, if applicable
5. Intestacy, if all of The above are not applicable

Can there be a valid will which does not institute an heir?

Yes, a will is valid even if it contains only a provision for disinheritance or if only legacies and devises are
contained in the will.

Who are intestate heirs?

1. Legitimate children or descendants
2. Illegitimate children or descendants
3. Legitimate parents or ascendants
4. Illegitimate parents
5. Surviving spouse
6. Brothers and sisters, nephews and nieces
7. Other collateral relatives up to the 5th degree
8. The State.