CHARACTERISTICS OF SUCCESSION:

1. Mode of acquisition
2. The property, rights & obligations to the extent of the value of the inheritance
transmitted
3. The transmission takes place only by virtue of death
4. The transmission takes place either by will or by operation of law
5. The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly

stated, time of vesting of the successional right):

1. Death of the decedent

2. Express will of the testator calling succession and/or provision of law prescribing
successors
3. Rights or properties are transmissible
4. Transferee is still alive (didn’t predecease)
5. Transferee is capacitated to inherit
6. Acceptance of the inheritance by the successor

KINDS OF SUCCESSION:

1. Testamentary – succession by will

2. Intestate – succession in default of a will

3. Mixed
Treatment of accruals under the laws of succession:

1. a. Article 793 refers to accruals after the making of the will

b. Article 781 refers to accruals after the death of the testator

1. a. Article 793 accruals don’t always pertain to the testate heirs

b. Article 781 accruals will always pertain to the testate heirs

Will – 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.

Validity of wills

Extrinsic FOR FILIPINOS

FOR FOREIGNERS

1. Governing law as to time

Article 795 – law in force when will was executed

Same rule (assumption: will is being probated here)

2. Governing law as to place

Law of citizenship

Law of citizenship
Law of domicile

Law of domicile

Law of residence

Law of residence

Law of place of execution

Law of place of execution

Philippine law

Philippine law

Intrinsic FOR FILIPINOS

FOR FOREIGNERS

1. Governing law as to time

Article 2263 – law at time of death

Article 16, Article 1039 – depends on personal law

2. Governing law as to place

Article 16, Article 1039 – Philippine law

Article 16, Article 1039 – national law

Testamentary Capacity

1. All persons not expressly prohibited by law

2. 18 years old and above

3. Sound mind

2 Kinds of Wills:

1. Notarial will – Articles 804-806, & 807-808 in special cases

2. Holographic – Articles 804 & 810

Common requirements that apply to the 2 kinds of wills 1. In writing

2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:

1. In writing
2. Executed in a language or dialect known to the testator
3. Subscribed by the testator himself or by the testator’s name written by some
other person in his presence & under his express direction at the end thereof, at
the presence of witnesses
4. Attested & subscribed by at least 3 credible witnesses in the presence of the
testator and of one another
5. Each & every page must be signed by the testator or by the person requested by
him to write is name, & by instrumental witnesses in the presence of each other,
on the left margin
6. Each & every page of the will must be numbered correlatively in letters placed on
the upper part of each page
7. Must contain an attestation clause, stating the following:
 1. The number of pages of the will
2. Fact that the testator signed the will & every page in the presence of
witnesses, or caused some other person to write his name under his
express direction
3. All witnesses signed the will & every page thereof in the presence of the
testator & of one another
8. Must be acknowledged before a notary public

Additional requisite if deaf or mute:

Must either:

1. Read will personally, if able to do so;

2. Otherwise, he shall designate 2 persons to read it & communicate to him the contents

Additional requisite if blind:

Will shall be read to him twice:

1. Once by one of the subscribing witnesses

2. Once by the notary public before whom it is acknowledged

REQUISITES OF HOLOGRAPHIC WILL:

1. In writing
2. Executed in a language or dialect known to the testator
3. Entirely written, dated & signed by the hand of the testator himself

AMENDING A WILL:
 1. Notarial will can only be amended through a codicil
2. Holographic will can be amended in 3 ways:
1. Dispositions may be added below the signature, PROVIDED that said
dispositions are also dated & signed & everything is written by the hand
of the testator himself
2. Certain dispositions or additional matter may be suppressed or inserted
PROVIDED that sad cancellation is signed by the testator & is written by
the testator himself (no need to be detailed)
3. Executing a codicil which may either be notarial or holographic

Effect of cancellation, addition insertion), or erasure on the validity of the will

1. If made by the hand of the testator & authenticated by him: alters the will without
affecting its validity
2. If made by the hand of the testator but was not authenticated by him: deemed as
if not written at all
3. If made by testator but not handwritten: entire will is nullified
4. By a stranger & the testator has authenticated the same: entire will is nullified
5. Made by a stranger but not authenticated by the testator: deemed as if not
written at all

What is a codicil? It is a supplementary or addition to a will, made after the execution of

the will & annexed to be taken as part by which any disposition in the original will may be
explained, added to or altered.

Qualifications of a witness and a testator:

Witness TESTATOR

1. At least 18 years old

2. Physically fit (not deaf, dumb, blind)
 3. Literate, able to read and write
4. No prior conviction for perjury/false testimony/falsification
5. Not the notary public before whom the will is acknowledged
6. Sound mind
7. Domiciled in the Philippines

1. Same
2. May be blind, deaf or deaf-mute
3. No literacy requirement
4. No such requirement

1. No such requirement

1. Same

7. No such requirement

REVOCATION OF A WILL:

1. By implication of law
2. By the execution of a documentation with all the requisites of a will
3. By the physical act of destruction coupled with the intent to revoke

PROBATE – It is a the special proceeding by which the validity of a will maybe

established
Matters to be proved in a probate:

1. Whether the instrument which is offered for probate is the last will and testament
of the decedent
2. Whether the will has been executed in accordance with the formalities prescribed
by law
3. Whether the testator had testamentary capacity at the time of the execution of
the will

GROUNDS FOR DISALLOWANCE OF A WILL:

1. The testator did not possess testamentary capacity at the time of execution
2. The testator failed to comply with prescribed formalities
3. The execution of the will is attended by a vice of consent

INSTITUTION OF HEIR – an act by virtue of which a testator designates in his will the
person or persons who are to succeed him in his property and transmissible rights and
obligations

Requisites for a valid institution of heir:

1. Designation in will of person/s to succeed

2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
3 principles in the institution of heirs:

1. Equality: heirs who are instructed without a designation of shares inherit in equal
parts
2. Individuality: heirs collectively instituted are deemed individually named unless
contrary intent is proven
3. Simultaneity: when several heirs are instituted, they are instituted simultaneously
& not successively

Rules regarding a person’s right to dispose of his estate:

1. If one has no compulsory heirs:

1. He can give his estate to any person qualified to inherit under him
2. However, he must respect restrictions imposed by special laws
2. If one has compulsory heirs:
1. He can give only the disposable portion to strangers
2. Legitimes of compulsory heirs must be respected

PRETERITION:

1. There must be an omission of one, some or all of the heir/s in the will

1. The omission must be that of a COMPULSORY HEIR

2. Compulsory heir omitted must be of the DIRECT LINE
3. The omitted compulsory heir must be LIVING at the time of testator’s death or
must at least have been CONCEIVED before the testator’s death
Effects of preterition:

1. The institution of heirs is annulled

2. Devises & legacies shall remain valid as long as they aren’t officious

DISINHERITANCE – It is the act by which the testator, for just cause, deprives a
compulsory heir of his right to the legitime.

Preterition vs. Disinheritance Disinheritance PRETERITION

Express deprivation of legitime

Tacit deprivation of legitime

Always voluntary

May also be voluntary but is presumed to be involuntary (as it’s an omission to mention
as an heir or though mentioned, isn’t instituted as an heir)

Legal cause is present

Presumed by law to be a mere oversight

Even a compulsory heir may be totally excluded

Compulsory heir is merely restored to his legitime

Requisites for a valid disinheritance

1. Heir disinherited must be designated by name or in such a manner as to leave no

room for doubt as to who it is intended
 2. Disinheritance must be for a cause designated by law
3. It must be made in valid will
4. It must be made expressly, stating the cause in the will itself
5. Cause must be certain & true, & must be proved by interested heirs if the person
disinherited should deny it
6. It must unconditional
7. Must be total

Summary of causes of disinheritance GROUNDS FOR DISINHERITANCE

CHILDREN/

DESCENDANTS

PARENTS/

ASCENDANTS

SPOUSE

UNWORTHINESS

Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant

*
 GROUNDS FOR DISINHERITANCE

CHILDREN/

DESCENDANTS

PARENTS/

ASCENDANTS

SPOUSE

UNWORTHINESS

Accused testator/ decedent of crime punishable by imprisonment of more than 6 years,

found groundless, false

Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or
undue influence

*
*

Unjustified refusal to support testator

Convicted of adultery or concubinage with spouse of testator / decedent

Maltreatment of testator by word & deed

*
7

Leading a dishonorable or disgraceful life

Conviction of crime which carries penalty of civil interdiction

Abandonment of children or inducing children to live corrupt and immoral life or

attempted against virtue

*
*

10

Loss of parental authority

11

Attempt by one parent against life of the other UNLESS there’s reconciliation between
parents

12

Spouses given cause for legal separation

*
13

Failure to report violent death of decedent within 1 month, unless authorities have
already taken action

14

Force, violence, intimidation or undue influence to prevent another from making a will or
revoking one already made or who supplants or alters the latter’s will

15

Falsifies or forges a supposed will of the decedent

*

Causes of vacancy in succession:

1. The testator creates it himself – disinheritance

2. The does something – repudiates
3. Something happens to the heir – incapacitated / predecease

How are vacancies filled:

1. Substitution
2. Representation
3. Accretion

Classes of substitution 1. Singular or vulgar substitution

a. Simple

b. Brief

c. Compendious

d. Reciprocal
2. Fideicommissary Substitution

FIDEICOMMISSARY SUBSTITUTION – A substitution is a fideicommissary substitution

if the testator institutes an heir with an obligation to deliver to another the property so
inherited. The heir instituted to such condition is called the first heir or fiduciary heir, the
one to receive the property is the fideicommissary or second heir.

Requisites of a fideicommissary substitution:

1. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited
2. A 2nd heir or fideicommissary substitute
3. An obligation clearly imposed on the fiduciary to preserve & transmit the property
to a fideicommissary substitute
4. The substitution doesn’t go beyond the 1st degree of the fiduciary
5. The fideicommissary substitution is made expressly
6. Both the fiduciary & the fideicommissary substitute are living or at least
conceived at the time of the death of the testator
7. The fideicommissary substitution is imposed on the free portion of the estate &
not on the legitime

LEGITIME - It is that part of the testator’s property which he cannot dispose of

because the law has reserved it for certain heirs called compulsory heirs.

Different classes of heirs:

1. Voluntary heirs – succeed by virtue of a will

2. Legal or intestate heirs – succeed by operation of law in the absence of a will
3. Compulsory heirs – succeed because the law reserved for them
Classes Compulsory Heirs:

1. Primary
1. Legitimate children & their descendants (legitimate)
2. Surviving spouse (legitimate)
3. Illegitimate children & their descendants (legitimate or illegitimate)
2. Secondary
1. Legitimate parents & ascendants (legitimate) – inherit only in default of 1a
2. Illegitimate parents (no other ascendants) – inherit only in default of 1a &
1c

Summary of legitimes of compulsory heirs:

SURVIVING RELATIVES

LEGITIMATE CHILDREN & DESCENDANTS

SURVIVING SPOUSE

ILLEGITIMATE CHILDREN

LEGITIMATE PARENTS & ASCENDANTS

ILLEGITIMATE PARENTS

Legitimate children alone

½ (divided by the # of children)

1 legitimate child surviving spouse

SURVIVING RELATIVES

LEGITIMATE CHILDREN & DESCENDANTS

SURVIVING SPOUSE

ILLEGITIMATE CHILDREN

LEGITIMATE PARENTS & ASCENDANTS

ILLEGITIMATE PARENTS

Legitimate children

Surviving spouse

½ (divided by no. of children)

Same as the share @ legit child

Legitimate children

Illegitimate children

½ of the share of @ legit child

1 legitimate child surviving spouse illegitimate children

½ of the share of @ legit child

2 or more legitimate children surviving spouse Illegitimate children

½ (divided by no. of children)

Same as the share of @ legit child

½ of the share of @ legit child

Legitimate parents alone

Legitimate parents

Illegitimate children

Legitimate parents

Surviving spouse
¼

Legitimate parents

Surviving spouse

Illegitimate children

1/8

Illegitimate children alone

½ (divided by no. of children)

Illegitimate children

Surviving spouse

1/3

1/3 (divided by no. of children)

Surviving spouse alone

½ or 1/3 if marriage in articulo mortis

Illegitimate parents alone

½
Illegitimate parents

Surviving spouse

Remedy of compulsory heir in case of impairment of legitime:

1. If the impairment is total them there may be preterition if the compulsory heir preterited is
either an ascendant or descendant. Article 854 would come into play (annulment of institution of
heir & reduction of devises and legacies)

2. If the impairment is partial, then the compulsory heirs is entitled to completion of

legitime under Article 906

3. If the impairment is thru donation, then remedy is collation.

RESERVA TRONCAL – It is that part of the decedent’s property that an ascendant, who
inherits by operation of law from his descendants which the latter may have acquired by
gratuitous title from another ascendant or sibling, is obliged by law to reserve such
property for the benefit of 3rd degree relatives who belong to the line from which the
property which otherwise will go to certain specific heirs but which law reserves to
certain predetermined heirs.

Order of payment in case estate is INSUFFICIENT to cover legacies & devises

1. Remuneratory legacies or devises

2. Preferential legacies or devises declared by testator

3. Legacies for Support

4. Legacies for Education

5. Legacies or devises for Specific, determinate thing

6. All others, pro-rata

Causes for legal or intestate succession

1. Person dies without a will

2. Person dies with void will
3. Person dies with a will that subsequently loses validity
4. Will doesn’t institute an heir or institution is void
5. Will doesn’t dispose of ALL property belonging to the testator
6. Suspensive condition attached to the institution of the heir doesn’t happen or isn’t
fulfilled
7. Heir predeceases, or repudiates the inheritance
8. Incapacity of the heir

2 fundamental underlying principles in legal or intestate succession

1. Rule of Proximity – nearer exclude the more remote

 2. Rule of Equal Division – equal division within the same group

Grounds when the right of representation will be available:

1. Disinheritance
2. Incapacity
3. Predecease

Who can exercise right of representation

1. Intestate succession only: heirs in the collateral line, but only in favor of the
children of siblings
2. Both testate & intestate succession: heirs in the descending line, NEVER in the
ascending line

Order of Intestate succession of a legitimate child, an illegitimate child and an adopted

child

Legitimate Child ILLEGITIMATE CHILD

ADOPTED CHILD 1

Legitimate child and legitimate descendants

legitimate child & legitimate descendants

legitimate child & legitimate descendants

Legitimate parents & legitimate ascendants

illegitimate children & legitimate or illegitimate descendants

illegitimate children & legitimate or illegitimate descendants

Illegitimate children & left or illegitimate descendants

illegitimate parents

legitimate or illegitimate parents & legitimate ascendants, adoptive parents

Surviving spouse

surviving spouse

surviving spouse

Legitimate siblings, nephews, nieces

illegitimate siblings, nephews, nieces

siblings, nephews, nieces

Legitimate collateral relatives

State

State

State
Order of succession & concurrence in intestate succession Intestate Heir EXCLUDES

EXCLUDED BY CONCURS WITH

Legitimate children & Legitimate descendants

Ascendants, collaterals & state

No one

Surviving spouse

Illegitimate children

Illegitimate children & Descendants

Illegitimate parents, collaterals & state

No one

Surviving spouse

Legitimate children & legitimate parents

Legitimate parents & legitimate descendants

Collaterals & state

Legitimate children

Illegitimate children & surviving spouse

Illegitimate parents

Collaterals & state

Legitimate children & illegitimate children

Surviving spouse

Surviving spouse

Collaterals other than siblings, nephews and nieces

No one

Legitimate children

Illegitimate children

Legitimate parents & Illegitimate parents

Siblings, nephews nieces

All other collaterals & state

Legitimate children, illegitimate children,

Legitimate parents & illegitimate parents

Surviving spouse

Other collaterals within 5th degree

Collateral remoter in degree & state

Legitimate children

Illegitimate children

Legitimate parents

Illegitimate parents &

Surviving spouse
Collaterals in the same degree

State

No one

Everyone

No one

Summary of intestate shares:

1. Legitimate children & legitimate descendants alone

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children

TOTAL

½
1

1. One legitimate child and surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate child

Surviving spouse

TOTAL

1
 1. Legitimate children & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children

Remaining portion of estate after paying

Whole estate divided equally between total number of children plus the surviving spouse

Surviving spouse

Same as share of @ legitimate child

Legitimes to be divided equally between total no. of children plus the surviving spouse

No. of children plus the surviving spouse

TOTAL

Varies on no. of children

Varies on no. of children

1
 1. Legitimate children & illegitimate children

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children

Remaining portion of estate after paying

Whole estate divided by the ration of 2 for each legitimate child

Illegitimate children

½ share of @ legitimate child

Legitimes to be divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child

1 for @ illegitimate child provided that legitimes wouldn’t be impaired

TOTAL

Varies on no. of children

Varies on no. of children

1. One legitimate child, illegitimate children, & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate child

Remaining portion of estate after paying legitimes to be divided by the ration of 2 for @
legitimate child, 1 for @ illegitimate child

Whole estate divided by the ratio of 2 @ legitimate child

Illegitimate child

½ share of @ legitimate child

1 for @ illegitimate child

1 for @ illegitimate child

Surviving spouse

& 2 for the surviving spouse

Legitimes wouldn’t be impaired

TOTAL

Varies depending on no. of illegitimate children

Varies depending on no. of illegitimate children

1
 1. Legitimate children, illegitimate children & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children

Remaining portion of estate, if any after paring legitimes to be divided by the ratio of 2
for @ legitimate child

Whole estate divided by the ratio of 2 for @ legitimate child

Illegitimate children

½ share of @ legit child

1 for @ illegitimate child

1 for @ illegitimate child

Surviving spouse

& 2 for the surviving spouse

& 2 for the surviving spouse provided that legitimes won’t be impaired

TOTAL
Varies depending on no. of illegitimate children

Varies depending on no. of illegitimate children

1. Legitimate parents alone

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate parents

TOTAL

1. Legitimate parents & illegitimate children

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate parents

Illegitimate children

TOTAL

1. Legitimate parents & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate parents

Surviving spouse

1/8

1/8

TOTAL

1. Legitimate parents, surviving spouse & illegitimate children

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children

1/3

1/6

Surviving spouse

1/8

1/8

Illegitimate children

1/4

TOTAL

7/8

1/8

1. Illegitimate children alone

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children alone

TOTAL

1. Illegitimate children & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children

1/3

1/6
½

Surviving spouse

1/3

1/6

TOTAL

2/3

1/3

1. Surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Surviving spouse

½ or 1/3

½ or 1/3

1
TOTAL

½ or 1/3

½ or 1/3

1. Illegitimate parents alone

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children

1
 1. Illegitimate parents & surviving spouse

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate parents

Surviving spouse

TOTAL

1. Siblings, nephews & nieces alone

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Siblings, nephews, nieces

TOTAL

1. Surviving spouse, siblings, nephews & nieces

Intestate Heir SHARE AS LEGITIME

SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Surviving spouse

½
½

Siblings, nephews, nieces

TOTAL

Requisites for accretion to take place:

1. Unity of object
2. Plurality of heirs
3. Some of the heirs cannot or are disqualified to accept (R.I.P)
4. Others are accepting &
5. There has been earmarking

Incapacity to succeed because of possible undue influence

1. Priest who heard confession during last illness & his relatives with thin the 4th
degree & the order, chapter, etc., to which the priest belongs
2. Guardian before final accounts have been approved EXCEPT if an ascendant,
descendant, sibling, spouse
 3. Attesting witness to execution of will & their spouses, parents, children or any
one claiming under them
4. Physician, surgeon, nurse who took care of testator during his last illness
5. Individuals, associations, corporations not permitted by law to inherit

Validity and Effect of Legacy/Devise

Thing owned in part by testator (Article 929)

General Rule: Conveys only interest or part owned by testator

Exception: if testator otherwise provides –

a. He may convey more than what he owns - the state shld try to acquire the part or
interest owned by other parties. If other parties are unwilling to alienate, the estate
should give the legatee/devisee the monetary equivalent (analogy with Article 931)

b. He may convey less than what he owns (Article 794)

Thing owned by another (Articles 930-931)

General Rule:

a. If testator ordered acquisition of the thing - the order should be complied with. If the
owner is unwilling to part with the thing, the legatee/devisee should be given the
monetary equivalent

b. If testator erroneously believed that the thing belonged to him - legacy/device is void

Exception: if testator acquire the thing onerously or gratuitously after making of the disposition,
disposition is validated

c. If testator knew that the thing did not belong to him but did not order its acquisition -
code is silent but disposition shld be considered valid (Balane & Tolentino) - there is an
implied order to acquire & doubts must be resolved in favor of intestacy
Thing already owned to the legatee/devisee (Articles 932-933)

a. If thing already belonged to legatee/devisee at time of execution of will –

legacy/devise is void

b. If thing was owned by another person at time of making the will and thereafter it is
acquired by legatee/devisee –

1. If testator erroneously believed that he owned the thing – legacy /devise is void

2. If testator was not in error -

i. If thing was acquired onerously by L/D – L/D entitled to be reimbursed

ii. If thing was acquired gratuitously by L/D – nothing is due

iii. If thing was owned by testator at time will was made and L/D acquired the thing from
him thereafter – law is silent (Balane: deemed revoked)

Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932

par 2)

Valid, if the encumbrance can be removed for a consideration

Legacy/Devise of a thing pledged or mortgaged (Article 934)

The encumbrance must be removed by paying the debt unless the testator intended
otherwise

COLLATION - To collate is to bring back or to return to the hereditary mass, in

fact or by fiction, property which came from the estate of the decedent, during his
lifetime, but which the law considers as an adverse from the inheritance. It is the act by
virtue of which, the persons who concur in the inheritance bring back to the common
hereditary mass the property which they have received from him, so that a division may
be effected according to law & the will of the testator.
Important periods to remember:

1 month or less before making a will

Testator, if publicly known to be insane, burden of proof is on the one claiming validity of
the will

20 years

Maximum period testator can prohibit alienation of dispositions

5 years from delivery to the State

To claim property escheated to the State

1 month

To report knowledge of violent death of decedent lest he be considered unworthy

5 years from the time disqualified person took possession

Action for declaration of incapacity & for recovery of the inheritance, devise or legacy

30 days from issuance of order of distribution

Must signify acceptance/repudiation otherwise, deemed accepted

1 month form written notice of sale

Right to repurchase hereditary rights sold to a stranger by a co-heir

10 years

To enforce warranty of title/quality of property adjudicated to co-heir from the time right
of action accrues

5 years from partition

To enforce warranty of solvency of debtor of the estate at the time partition is made
4 years form partition

Action for rescission of partition on account of lesion

SUCCESSION

GENERAL PROVISION

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 law.

- Mode of transmitting ownership.

Basis of succession

Rights over property

The right of the family (intestate succession)

Eclectic theory – tries to harmonize the two principles – individual and social.

Kinds

1. Testamentary or testacy – by will or codicil

2. Legal or intestacy – operation of law, if the will is invalid
3. Mixed – partly by will and by legal

Elements

1. Subjective element (art. 775)

a. Decedent – applies to a deceased person whose property is transmitted whether he left a will
or not.

- Testator – a person who left a will

b. Inheritance – all property, rights and obligations of a person which are not extinguished by his
death. (776)

Obligations of the deceased are only up to the value of the inheritance left by him to his heirs. (it
is right to say that debts are not inherited; Estate – debts = inheritance)

In general, obligations are transmissible, unless purely personal like obligations between husband
and wife, and those non-transferrable by law or contract.

Example of rights extinguished by death

a. Personal rights like marital rights, parental authority, support, action for legal separation, partnership, and agency.

b. Right to recognition of a legitimate or an illegitimate child.

Except when actions has already been filed. Also actions transmitted to heirs if child dies during minority or a state of

insanity. Heirs have 5 years to file the action. (173 FC)

Actions already commenced survives notwithstanding death of the party.id

Action for adoption is not extinguished by death of the adopter. (sec. 13. RA 8552)

c. Right to hold office or job, public or private.

d. Right of a lawyer to represent his client.

Rights to succession are transmitted from the moment of death of the decedent. (777)
 1. Heirs become owners on date of the decedents’ death, although properties are delivered
to them later.
2. Both acceptance and repudiation retroact to the moment of death.

Inheritance includes not only transmissible rights and obligations at the time of death, but also
those accrued since the opening of the succession. (781)

HEIR - called to succession by will or operation of law; also one who succeeds by universal title
or to all or a fraction or aliquot part of the estate. May be;

Compulsory – those who succeed by force of law to some portion of inheritance in an

amount predetermined by law known as legitime.

Voluntary – those instituted by the testator in his will, to succeed to the inheritance or the
portion thereof of which the testator can freely dispose.

Compulsory heir can also be a voluntary heir of the free portion.

Devisee – one given a gift of real property in a will.

Legatee – one given a gift of personal property in a will.

This two preceding exist only in testamentary succession.

In preterition, an instituted heir gets nothing, while the legatee or devisee gets the
property given to him as long as the legitime is not impared.

Imperfect inheritance
 After - acquired properties

Acceptance or non – repudation of successiona rights.

DUAL STATUS of HEIR

1. In a will, a compulsory heir may be given more than his legitime.

2. He is a compulsory heir with respect to the legitime. He is a voluntary heir with respect to
the excess.
3. If a compulsory heir dies ahead of the testator, the legitime goes to the child by
representation.

The child of a voluntary heir who predeceases the testator gets nothing, because there is
no representation among voluntary heirs nor in the free portion.

The successor must

1. Survive the decedent

2. Willing to accept the inheritance
3. Capacitated to inherit

Inchoate rights = before the death of the decedent

It does not matter if the will is admitted, transmission is at the moment of death.
Condition – actual or personal

- Properties and rights are transmissible

- Transferee is alive.

Court only decide on the formality of the will

Death = estate = co-ownership = can validly dispose a share.

Investigation of paternity must be done during the lifetime of the parents.

Heirs may be sued

Declaration of heirship must be in the administration proceedings and not in a separate

proceeding.

Court has no power to order to sell pending determination of validity of administration.

If heir is unduly deprived he has 2 yrs to act.

If the administrator sells it is also considered as the heir is selling. The heirs are not stranger to
the transaction.

Inventory = is not an incidental duty of the administrator, the administrator can solely be held
liable.
Concealment of heir – can still file a claim because he is already an owner.