SUCCESSION

A mode of acquisition by virtue of which the

property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to another
or others either by his will or by operation of law. (Art. 774)
Kinds:
estamentary or estacy (by will)!
". #egal or intestacy (by operation of law based on the decedent$s
presumed will)!
%. &ixed ('artly estamentary and #egal)! and
(. 'artition inter vivos (to a certain degree).
Elements:
". )*+*)*, (sub-ective element)
%. ./++*..01. (sub-ective element)
a. 2eirs 3 those who are called to the whole or to an
aliquot portion of the inheritance either by will or by operation of law
") 4oluntary 5 those instituted by the testator in
his will, to succeed to the inheritance or the portion thereof of which
the testator can freely dispose.
%) +ompulsory or 6orced 5 those who succeed
by force of law to some portion of the inheritance, in an amount
predetermined by law, 7nown as the legitime.
() #egal or 8ntestate 5 those who succeed to the
estate of the decedent who dies without a valid will, or to the portion of
such estate not disposed of by will.
b. )evisees or legatees 3 persons to whom gifts of
real or personal property are respectively given by virtue of a will
NOTE: he distinctions between heirs and devisees9legatees are
signi:cant in these cases;
'reterition (pretermission
8mperfect disinheritance
After3acquired properties
Acceptance or non3repudiation of the successional rights.
)*A2 06 2* )*+*)*, (casual element)
&oment when rights to succeed are transmitted (Art 777)
2owever, a person may be <presumed= dead for the purpose of opening his
succession (see rules on presumptive death). 8n this case, succession is only
of provisional character because there is always the chance that the
absentee may still be alive.
8nheritance (ob-ective element)!
NOTE: >hatever may be the time when actual transmission ta7es
place, succession ta7es place in any event at the moment of the
decedent$s death. (Lorenzo vs. Posadas 64 Phil 353)
SUCCESSION INHERITANCE
1efers to the legal mode by which 1efers to the universality or entirety of the
inheritance is transmitted to the persons
entitled to it
property, rights and obligations of a
person who died
Inheritance includes:
". '10'*1?, 18@2. A,) 0A#8@A80,. NO
!"#N$%#&'!( A? )*A2
General rules on rights and obligations extinguished b his
death
a) 1ights which are purel) personal are by their
nature and purpose intrans*issi+le for they are e,tinguished +) death
(e.g. those relating to civil personality, family rights, discharge of
oBce).
b) 1ights which are patri*onial or relating to
property are generally part of inheritance as they are not e,tinguished
+) death.
c) -ights of o+ligations are by nature trans*issi+le
and may constitute part of inheritance both with respect to the rights
of the creditor and as regards to the obligations of the debtor.
%. A## >28+2 2A4* .//-%!( 2*1*0 .8,+* 2*
0'*,8,@ 06 ./++*..80, (.rticle 012 /ivil /ode)
I! TESTA"ENTAR# SUCCESSION
A! CONCE$T
%I&& ' 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 ta7e eCect after his death (Art. 7D()
NOTE: hus, a document that does not purport to dispose of one$s
estate either by the institution of heirs or designation of
devisees9legatees or, indirectly, by eCecting a disinheritance, is not to
be governed by the law on testamentary succession but by some other
applicable laws.
Kinds o( %ills:
". ,otarial or ordinary
%. 2olographic
Characteristics o( a %ill:
". /,8#A*1A#
%. .18+#? '*1.0,A# A+ 3 he disposition of property is
solely dependent upon the testator.
NOTE: he following acts &A? ,0 be left to the discretion of a third
person; (.rticle 0153 010 /ivil /ode)
duration or eBcacy of the designation of heirs, devisees or legatees!
determination of the portions which they are to ta7e, when referred to by
name! and
determination of whether or n not the testamentary disposition is to be
operative.
NOTE: 2owever, the following acts &A? be entrusted to a third
person; (.rticle 016 /ivil /ode)
a. distribution of speci:c property or sums of money that he may leave
in general to speci:ed classes or causes! and
b. designation of the persons, institutions or establishments to which
such property or sums are to be given or applied.
(. 61** A,) 40#/,A1? A+ 5 Any vice aCecting the testamentary
freedom can cause the disallowance of the will.
4. 601&A# A,) .0#*&, A+ 5 he formalities are essential for the
validity of the will.
E. A+ &018. +A/.A
F. A&A/#A01? A,) 1*40+AA#* )/18,@ 2* *.A01$. #86*8&*
7. 8,)848)/A# A+ 5 wo or more persons cannot ma7e a single 4oint
will, either for their reciprocal bene:t or for another person. 2owever,
separate or individually executed wills, although containing reciprocal
provisions (*utual wills), are not prohibited, sub-ect to the rule on
disposicion captatoria.
D. )8.'0.880, 06 '10'*1?
)! INTER$RETATION O* %I&&S (A1.. 7DD37G%)
he testator$s intent (ani*us testandi), as well as giving eCect to such
intent, is primordial. 8t is sometimes said that the supreme law in
succession is the intent of the testator. All rules of construction are
designed to ascertain and give eCect to that intention. 8t is only when
the intention of the testator is contrary to law, morals, or public policy
that it cannot be given eCect.
8n case of doubt, that interpretation by which the disposition is to be
operative shall be preferred. hat construction is to be adopted which
will sustain and uphold the will in all its parts, if it can be done
consistently with the established rules of law.
Kinds o( A+biguities: (Article 7DF)
". #A*, 01 8,18,.8+ A&A8@/88*. 5 that which does not appear on
the face of the will and is discovered only by extrinsic evidence.
%. 'A*, 01 *H18,.8+ A&A8@/88*. 5 that which appears on the face
of the will itself
NOTES:
here is no distinction between patent and latent
ambiguities, in so far as the admissibility of parol or extrinsic evidence
to aid testamentary disposition is concerned.
*xtrinsic evidence to explain ambiguities in a will
cannot include oral declarations of the testator as to his intention.
he validity of a will as to its form depends upon the
observance of law in force at the time it is made. (Art. 7GE).
8f a law diCerent from the law in force at the time of the
execution of the will goes into eCect before or after the death of the
testator, such a law shall not aCect the validity of the will, provided
that such will was duly executed 8n accordance with the formalities
prescribed by law in force at the time it was made.
A*TER'AC,UIRE- $RO$ERT# .Art! /012
Gen! Rule: 'roperty acquired during the period between the execution
of the will and the death of the testator is ,0 included among the
property disposed of.
Exce3tion: >hen a contrary intention expressly appears in the will
NOTE: his rule applies only to legacies and devises and not to
institution of heirs.
C! TESTA"ENTAR# CA$ACIT#
4 refers to the ability as well as the power to ma7e a will.
3 must be present at the time of the execution of the will.
Re5uisites:
1. At least "D years of age
2. 0f sound mind, i.e., the ability to 7now;
a. the nature of the estate to be disposed of!
b. the proper o+4ects of his bounty! and
c. the character of the testa*entar) act.
NOTE: he law presu*es that the testator is of sound mind, /,#*..;
a. he, one month or less, before ma7ing his will, was publicly 7nown to
be insane! or
b. was under guardianship at the time of ma7ing his will. (orres and
Lopez de 5ueno vs. Lopez 41 Phil 006)
8n both cases, the burden of proving sanity is cast upon
proponents of the will.
Efect of Certain Infrmities:
". mere senility or in:rmity of old age does not necessarily imply that a
person lac7s testamentary capacity!
%. physical in:rmity or disease is not inconsistent with testamentary
capacity!
(. persons suCering from idiocy (those congenitally de:cient in intellect),
imbecility (those who are mentally de:cient as a result of disease), and
senile dementia (peculiar decay of the mental faculties whereby the
person aIicted is reduced to second childhood) do not possess the
necessary mental capacity to ma7e a will!
4. an insane delusion which will render one incapable of ma7ing a will
may be de:ned as a belief in things which do not exist, and which no
rational mind would believe to exist!
E. if the insane delusion touches to sub-ect matter of the will,
testamentary disposition is void.
F. a deaf3mute and blind person can ma7e a will (i.e. Art. DJ73DJD). A
blind man with a sound and disposing mind can ma7e a holographic
will.
7. an intoxicated person or person under the inKuence of drugs may
ma7e a will as there is no complete loss of understanding.
!,ception: where the testator has used intoxicating liquor or drugs
excessively to such an extent as to impair his mind, so that at the time
the will is executed, he does not 7now the extent and value of his
property, or the names of persons who are the natural ob-ects of his
bounty, the instrument thus executed will be denied probate for lac7 of
testamentary capacity.
-! *OR"A&ITIES O* %I&&S
.E6TRINSIC 7A&I-IT#2
CO""ON *OR"A&ITIES
". *very will must be in writing! and
%. *xecuted in a language or dialect 7nown to the testator.
S$ECIA& *OR"A&ITIES
I! NOTARIAL OR ORDINARY WILL
a. ./A.+18'80, 5 made at the end thereof by the
testator himself or by the testatorLs name written by some other
person in his presence and by his express direction!
&u+scription refers to the *anual act of testator
and also of his instru*ental 7itnesses of a8,ing their signature to the
instru*ent.
b. A*.A80, A,) ./A.+18'80, 3 (evidenced +) an
9attestation clause:) by ( or more credible witnesses in the presence
of the testator and of one another!
Attestation consists in the act of witnesses of
witnessing the execution of the will in order to see and ta7e note
mentally that such will has been executed in accordance with
requirements prescribed by law.
ATTESTATION SU)SCRI$TION
". an act of the senses ". an act of the hand
%. mental act %. mechanical act
(. purpose is to render available proof
during probate of will
(. purpose is identi:cation
c. &A1@8,A# .8@,A/1*. 5 aBxed by the testator or the
person requested by him to write his name and the instrumental
witnesses of the will on each and every page thereof, except the last,
on the left margin!
Exce3tions to the rule that all o( the 3ages o( the 8ill shall
ha9e to be signed on the le(t +argin b the testator and
8itnesses::
(") in the last page, when the will consists of two or more pages!
(%) when the will consists of only one page!
(() when the will consists of two pages, the :rst of which contains all
the testamentary dispositions and is signed at the bottom by the
testator and the witnesses and the second contains only the
attestation clause duly signed at the bottom by the witnesses.
he inadvertent failure of one witness to aBx his
signature to one page of a testament, due to the simultaneous lifting of
two pages in the course of signing, is not per se suBcient to -ustify
denial of probate (#casiano vs. #casiano ## &/-. 466).
d. 'A@* ,/&A*18,@. 5 >ritten correlatively in letters
placed on the upper part of each page!
NOTE: his is not necessary when all of the dispositive parts of a will
are written on one sheet only.
e. A+M,0>#*)@&*, 5 )one before a notary public by
the testator and the instrumental witnesses.
NOTE: he notary public before whom the will was ac7nowledged
cannot be considered as the third instrumental witness since he cannot
ac7nowledge before himself his having signed the will. 8f the third
witness were the notary public himself, he would have to avow, assent,
or admit his having signed the will in front of himself. o allow such
would have the eCect of having only two attesting witnesses to the will
which would be in contravention of Arts. DJE and DJF. (/ruz vs. ;illasor
54 &/-. 32)

"ANNER O* SIGNING:
he use of any signature, mar7s or design intended by the testator to
authenticate renders the will suBciently signed by the testator.
A signature by mar7 will be suBcient even if at the time of placing it,
the testator 7new how to write and is able to do so.
8t is suBciently signed by writing his initials, or his :rst name, or he
may use even an assumed name.
A complete signature is not essential to the validity of a will, provided
the part of the name written was aBxed to the instrument with intent
to execute it as a will.

ATTESTATION C&AUSE
3 memorandum or record of facts wherein the witnesses certify that the
will has been executed before them, and that it has been executed in
accordance with the formalities prescribed by law.
Absence of this clause will render the will a nullity.
8t must state the following ESSENTIAL FACTS:
2. the number of pages used upon which the will is
written!
20>*4*1, even if number of pages is omitted in the A+ A/ if there is
an ac7nowledgment clause which states the number of pages or the
will itself mentioned such number of pages, it may still be considered
valid applying the #iberal 8nterpretation of the law. (a+uada vs. -osal)
6. 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!
>hen the testator expressly caused another to sign the former$s name,
this fact must be recited in the attestation clause. 0therwise, the will is
fatally defective. ($arcia vs. Lacuesta <= Phil 41<)
3. that the witnesses witnessed and signed the will and all
the pages thereof in the presence of the testator and of one another.
TEST O* $RESENCE: ,ot whether they actually saw each other sign,
but whether they might have seen each other sign had they chosen to
do so considering their mental and physical condition and position with
relation to each other at the moment of inscription of each signature.
(>a+oneta vs. $ustilo)
8n the case of an ordinary or attested will, its attestation
clause need not +e 7ritten in a language or dialect ?no7n to the
testator since it does not form part of the testamentary disposition.
he language used in the attestation clause li7ewise
need not even +e ?no7n to the attesting 7itnesses. Art. DJE merely
requires that, in such a case, the attestation clause shall be interpreted
to said witnesses. (/aneda vs. /. 666 &/-. 012)
E:ects o( de(ects or i+3er(ections in the Attestation Clause:
8f the defect of the attestation clause goes into the very
essence of the clause itself or consists in the omission of one, some, or
all of the essential facts, and such omission cannot be cured by an
examination of the will itself, the defect is substantial in character, as a
consequence of which the will is invalidated.
2owever, 8n the absence of bad faith, forgery, fraud, or undue and
improper pressure and inKuence, defects and imperfections in the form
of attestation or in the language used therein shall not render the will
invalid if it is proved that the will was in fact executed and attested in
substantial compliance with Art. DJE (for*al re@uire*ents). his is
7nown as the -OCTRINE O* &I)ERA& INTER$RETATION (Art. DJG)
$ur3oses o( re5uiring 8itness to attest and to subscribe to a
8ill:
". identi:cation of the instrument
%. protection of the testator from fraud and deception
(. the ascertainment of the testamentary capacity of the testator.
NOTE: Certain points to consier (olentino)
". &ere 7nowledge by testator that another is signing, and acquiescing in
it, there being no e!press irection, is ,0 suBcient.
%. ,ot required that the name of the person who writes the testator$s
name should also appear on the will! enough that testator$s name is
written.
(. 8f the required numbers of attesting witness are competent, the fact
that an additional witness, who was incompetent also attested to the
will, cannot impair the validity.
4. 8mmaterial in what order the acts are performed provided the signature
or ac7nowledgment by the testator and the attestation of the
witnesses be accomplished in one occasion, and as part of one
transaction.
E. he law refers to pa"e and not to sheet or leaf or folio, so every page
used in the will should be signed on the left margin.
F. An attestation clause need be signed 0,#? by the witnesses and not by
the testator as it is a declaration made by the witnesses.
7. ate of #ill:
a. ordinar) 7ill; not an essential part!
b. holographic 7ill; an essential part.
D. 6ailure or error to state the place of e!ec$tion will not invalidate the
will.
G. .igning of a will by the testator and witnesses and ac7nowledgment
before a notary public, need not be a single act.
"J. Testamentar% capacit% must also exist at the time of
ac7nowledgment.
A--ITIONA& RE,UIRE"ENTS *OR S$ECIA& CASES
&' Deaf or eaf(m$te testator:
a) personal reading of the will, if able to do so! 01
b) if not possible, designation of % persons to read
the will and communicate to him, in some practicable manner, the
contents thereof. (Article DJ7)
)' *lin testator:
)ouble3reading requirement;
a. Arst, by one of the subscribing witnesses, A,)
+. second, by the notary public before whom the will
is ac7nowledged. (.rticle 1=1)
Art. DJD applies not only to blind testators but also to those who, for
one reason or another are incapable of reading their wills (e.g. poor,
defective or blurred vision).
8n a case where the testator did not read the :nal draft of the will, but
the lawyer who drafted the document, read the same aloud in the
presence of the testator, ( witnesses, and notary public, the +ourt held
that the formal imperfections should be brushed aside when the spirit
behind the law was served though the letter was not. (.lvarado vs.
$aviola 666 &/-. 340)
%ITNESS TO NOTARIA& %I&&S
(A1.. D%J N D%")
Re5uire+ents:
1. of sound mind!
2. able to read and write!
3. not blind, deaf or dumb!
4. at least "D years of age!
5. domiciled in the 'hilippines!
6. has not been convicted of falsi:cation of a document,
per-ury, or false testimony
NOTE: A witness need not 7now the contents of the will, and need not
be shown to have had a good standing in the community where he
lives. Also, the ac7nowledging notary public cannot be one of the (
minimum numbers of witnesses.
Interested 8itness
A witness to a will who is incapacitated from succeeding
from the testator by reason of a devise9legacy or other testamentary
disposition therein in his favor, or in favor of his spouse, parent, or
child. 'o7ever3 his co*petence as a 7itness su+sists.
;! +OLO,RA-+IC WILL .Article <=>2
a. entirely 7ritten by the hand of the testator!
b. entirely dated by the hand of the testator! and
c. entirely signed by the hand of the testator.
NOTE: he law exacts literal compliance with these requirements.
2*,+*, 2* )0+18,* 06 #8A*1A# 8,*1'1*A80, +A,,0 A*
A''#8*).
,evertheless, the +ourt held in a case that as a general
rule, the <date= in a holographic will should include the day, month,
and year of its execution. 2owever, when there is no appearance of
fraud, bad faith, undue inKuence and pressure and the authenticity of
the will is established and the only issue is whether or not the date
<6*A.9F"= appearing on the will is a valid compliance with Art. D"J,
probate of the holographic will should be allowed under the principle of
substantial compliance. (#n the *atter of #ntestate !state of .ndres de
>esus and 5i+iana -o,as de >esus3 234 &/-. 645)
Rule in case o( insertion. cancellation. eras$re or alteration:
estator must authenticate the same by his B%LL
&#$N.%-!. (.rticle 124)
NOTE: 8n the case of Cala7 vs. -elova (234 &/-. 642)3 the
holographic will in dispute had only one substantial provision, which
was altered by substituting the original heir with another, but which
alteration did not carry the requisite of full authentication by the full
signature of the testator, the eCect must be that the entire will is
voided or revo7ed for the simple reason that nothing remains in the will
after that which could remain valid.
E:ects o( 8ords 8ritten b another and inserted in the 8ords
8ritten b the testator:
a. 8f the insertion was made after the e,ecution of the will,
but 7ithout the consent of the testator, such insertion is considered
as not 8ritten, because the validity of the will cannot be defeated by
the malice or caprice of third person.
b. 8f the insertion after the e,ecution of the will was 7ith
the consent of the testator, the 8ill re+ains 9alid but the insertion
is 9oid.
c. 8f the insertion after the e,ecution is validated +) the
testator +) his signature thereon, then the insertion becomes part of
the will, and the entire 8ill beco+es 9oid, because of failure to
comply with the requirement that it must be wholly written by the
testator.
d. 8f the insertion made by a third person is made
conte*poraneous to the e,ecution of the will, then the 8ill is 9oid
because it is not written entirely by the testator.
$robate o( Hologra3hic %ill
". 8f %N/ON!&!(3 requires that at least " witness who
7nows the handwriting and signature of the testator explicitly declare
that the will and signature are in the handwriting of the testator! if no
witness, expert testimony may be resorted to.
%. 8f /ON!&!(3 requires at least ( of such credible
witnesses, if none expert witness.
NOTE: >here the testator himself petitions for the probate of his
holographic will and no contest is :le, the fact that he aBrms that the
holographic will and the signature are in his own handwriting, shall be
suBcient evidence thereof. 8f the holographic will is contested, the
burden of disproving the genuineness and due execution thereof shall
be on the contestant.
A photostatic or xerox copy of a lost or destroyed
holographic will may be admitted because the authenticity of the
handwriting of the deceased can be determined by the probate court,
as comparison can be made with the standard writings of the testator.
(-odelas vs. .ranza3 22< &/-. 26)
GO7ERNING &A% ON *OR"A&ITIES
&' As to time:
he validity of a will as to its for* depends upon the
observance of the la8 in (orce at the ti+e it is +ade. 8ts intrinsic
validit), however, is -udged at the ti+e o( the decedent?s death b
the la8 o( his nationalit.
;! As to place:
a. 6ilipino testator executing a will in the 'hilippines;
'hilippine law
b. 6ilipino testator executing a will outside of the
'hilippines; either
") he law of the country in which it is executed! or
%) he law of the 'hilippines.
c. Alien testator executing a will in the 'hilippines; either
") he law of the 'hilippines! or
%) he law of the country of which he is a citiOen or
sub-ect.
d. Alien testator executing a will outside of the 'hilippines;
either
") he law of the place where it is executed! or
%) he law of the place in which he resides! or
() he law of his country! or
4) he law of the 'hilippines.
As3ects o( the 8ill go9erned b National &a8 o( the -ecedent
(Article "J(G and Article "F +ivil +ode)
a. 0rder of succession
b. Amount of successional rights
c. 8ntrinsic validity
d. +apacity to succeed
Point will 5 a single testamentary instrument which contains the wills of
two or more persons, -ointly executed by them, either for their
reciprocal bene:t or for the bene:t of a third person
33will of % or more persons is made in the same instrument and is
-ointly signed by them
&utual wills 5 wills executed pursuant to an agreement between two or
more persons to dispose of their property in a particular manner, each
in consideration of the other
33separate wills of % persons, which are reciprocal in their provisions.
1eciprocal wills3 wills in which the testators name each other as
bene:ciaries under similar testamentary plans
NOTE: A will that is both -oint and mutual is one executed -ointly by
two or more persons, the provisions of which are reciprocal and which
shows on its face that the devises are made in consideration of the
other. .uch is prohibited.
Reasons:
". will is purely personal and unilateral act
%. contrary to the revocable character of a will
(. may expose the testator to undue inKuence, and may
even induce one of the testators to 7ill the other.
NOTE: Point wills executed by 6ilipinos in a foreign country shall not be
valid in the 'hilippines, even though authoriOed by the foreign country
in which they may have been executed (.rticle 12< /ivil /ode).
his prohibition is applicable only in -oint wills
executed by Bilipinos in a foreign country! it does ,0 A''#? to -oint
wills executed by aliens.
E! CO-ICI& AN- INCOR$ORATION )# RE*ERENCE
CO-ICI&
A supplement or addition to a will, made after the
execution of a will and annexed to be ta7en as a part thereof, by which
any disposition made in the original will is explained, added to, or
altered. (Article D%E)
NOTE: o be eCective, it must be executed as in the case of a will. 8ts
execution has the eCect of republishing the will as modi:ed.
INCOR$ORATION )# RE*ERENCE
(A1 D%7)
+ontemplates only lists of properties, boo7s of
accounts, and inventories.
'rovisions which are in the nature of testamentary
dispositions must be contained in the will itself.
Re5uisites (or a 9alid incor3oration b re(erence: (A1 D%7)
=! he document or paper referred to in the will must be in
existence at the time of the execution of the will!
;! he will must clearly describe and identify the same,
stating among other things the number of pages thereof!
1! 8t must be identi:ed by clear and satisfactory proof as
the document or paper referred to therein!
@! 8t must be signed by the testator and the witnesses on
each and every page, except in case of voluminous boo7s of account or
inventories.
*! RE7OCATION O* %I&&S AN- TESTA"ENTAR# -IS$OSITIONS
RE7OCATION
An act of the mind, terminating the potential capacity of
the will to operate at the death of the testator, manifested by some
outward or visible act or sign, symbolic thereof. .uch right to revo7e a
will cannot be waived or restricted.

&A%S %HICH GO7ERN RE7OCATION (A1 D%G)
". I( the re9ocation taAes 3lace in the $hili33inesB
8hether the testator is omicile in t/e -/ilippines or in some
ot/er co$ntr%B it is 9alid 8hen it is in accordance 8ith the laws
of the 'hilippines
%. I( the re9ocation taAes 3lace outside the
$hili33inesB b a testator #/o is omicile in t/e -/ilippinesB it
is 9alid 8hen it is in accordance 8ith the laws of the 'hilippines
(. 1evocation done outside the 'hilippines, by a testator
7ho does not have his do*icile in this countr), is valid when it is done
according to the;
a! laws of the place where the will was madeB or
b! laws of the place in which the testator had his
domicile at the time of revocationC
"O-ES O* RE7OCATION (A1 D(J)
1. Ay implication of law;
a. legal separation revo7es testamentary provisions in
favor of the oCending spouse!
b. preterition revo7es the institution of heir!
c. -udicial action for recovery of debt revo7es a legacy of
credit9remission of debt!
d. transformation, alienation, or loss of bequeathed
property revo7es a legacy of such property!
e. act of unworthiness by an heir, devisee9legatee revo7es
testamentary provisions in his favor!
f. if both spouses of the subsequent marriage acted in
bad faith, said marriage shall be void ab initio and testamentary
dispositions made by one in favor of the other are revo7ed by
operation of law (Art. 44, 6amily +ode)! and
g. void ab initio or annulled marriages revo7e
testamentary dispositions made by one spouse in favor of the other
(Art. EJ, 6amily +ode).
%. Ay some will, codicil, or other writing, executed as
provided in case of wills, which may either be;
a. *xpress 5 when there is a revocatory clause
expressly revo7ing the previous will or a part thereof
b. 8mplied 5 when the provisions thereof are partially
or entirely inconsistent with those of the previous will
NOTE: >hile express revocation may be eCected by a subsequent will,
or a codicil, or a nontestamentary writing executed as provided in case
of wills, implied revocation may be eCected only by either a
subsequent will, or a codicil.
(. Ay burning, tearing, cancelling, or obliterating the will.
Re5uisites:
a. testamentary capacity at the time of performing the act
of destruction!
b. intent to revo7e (animus revocandi)!
c. actual physical act of destruction!
d. completion of the sub-ective phase! and
e. performed by the testator himself or by some other
person in his presence and express direction
(2* #8. 8. *H+#/.84*.)
NOTE: he act of revocation is a personal act of the testator. 2e
cannot delegate to an agent the authority to do the act for him.
Another person, however, may be selected by him as an instrument
and directed to do the revocatory acts in his presence. A destruction
not accomplished in the testator$s presence is an ineDective revocation
of the will.
-OCTRINE O* $RESU"E- RE7OCATION
>henever it is established that the testator had in his
possession or had ready access to the will, but upon his death it cannot
be found or located, the presumption arises that it must have been
revo7ed by him by an overt act.
>here it is shown that the will was in custody of the
testator after its execution, and subsequently, it was found among the
testator$s eCects after his death in such a state of mutilation,
cancellation or obliteration as represents a suBcient act of revocation,
it will be presumed in the absence of evidence to the contrary, that
such act was performed by the testator with the intention of revo7ing
the will.
-OCTRINE O* -E$EN-ENT RE&ATI7E RE7OCATION (A1 D(%)
A revocation sub-ect to a condition does not revo7e a
will unless and until the condition occurs. hus, where a testator
<revo7es= a will with the proven intention that he would execute
another will, his failure to validly ma7e a latter will would permit the
allowance of the earlier will.
>here the act of destruction is connected with the
ma7ing of another will so as fairly to raise the inference that the
testator meant the revocation of the old to depend upon the eBcacy of
the new disposition intended to be substituted, the revocation will be
conditional and dependent upon the eBcacy of the new disposition!
and if for any reason, the new will intended to be made as a substitute
is inoperative, the revocation fails and the original will remains in full
force (4da. )e &olo vs. &olo GJ 'hil (7).
Re9ocation b +istaAe
A revocation of a will based on a false cause or an
illegal cause is null and void. hus, where a testator by a codicil or later
will, expressly grounding such revocation on the assumption of fact
which turns out to be false, as where it is stated that the
legatees9devisees named therein are dead, when in fact, they are
living, the revocation does not ta7e eCect.

G! RE$U)&ICATION AN- RE7I7A& O* %I&&S
RE$U)&ICATION
he act of the testator whereby he reproduces in a
su+se@uent 7ill (express) the dispositions contained in a previous will
which is void as to its form, or he executes a codicil (constructive) to
his will.
8ts purpose is to cure the will of its formal defects.
NOTES:
o republish a will void as to its for*3 all the dispositions
must be reproduced or copied in the new or subsequent will!
o republish a will valid as to its for* +ut alread)
revo?ed the execution of a codicil which ma7es reference to the
revo7ed will is suBcient.
E:ects o( Re3ublication b 9irtue o( a Codicil:
". +odicil revives the previous will
%. he old will is republished as of the date of the codicilQ
ma7es it spea7, as it were, from the new and later date.
(. A will republished by a codicil is governed by a statute
enacted to the execution of the will, but which was operative when the
codicil was executed.
RE$U)&ICATION RE7I7A&
". a7es place by an act of the testator ". a7es place by operation of law.
%. +orrects extrinsic and intrinsic defects. %. 1estores a revo7ed will
RE7I7A&
he restoration to validity of a will previously revo7ed
by operation of law (implied revocation).

$RINCI$&E O* INSTANTER
he e,press revocation of the :rst will renders it void
because the revocatory clause of the second will, not being
testamentary in character, operates to revo7e the previous will
instantly upon the execution of the will containing it.
NOTE: 8n i*plied revocation, the :rst will is not instantly revo7ed by
the second will because the inconsistent testamentary dispositions of
the latter do not ta7e eCect immediately but only after the death of the
testator.
H! A&&O%ANCE AN- -ISA&&O%ANCE O* %I&&S
$RO)ATE
A special proceeding mandatorily required for the
purpose of establishing the validity of a will.
he statute of limitations is not applicable to probate of
wills.
,uestions deter+inable b the 3robate court: (8+*)
". identity of the will!
%. testamentary capacity of the testator at the time of the execution of
the will! and
(. due execution of the will.
$!N!-.L -%L!: 8n probate proceeding, the court$s area of inquiry is
limited to an examination of, and resolution on the extrinsic validity if
the will, the due execution thereof, the testatrix$s testamentary
capacity and the compliance with the requisites or solemnities
prescribed by law. he probate court cannot inquire into the intrinsic
validity of testamentary provisions.
!"/!P#ON: 'ractical considerations, e.g. when the will is
intrinsically void on its face.
8n Nuguid vs Nuguid (20 &/-. 44<)3 the .upreme +ourt
held that, if the case were to be remanded for probate of the will,
nothing will be gained. 0n the contrary, this litigation would be
protracted. And for aught that appears in the record, in the event of
probate or if the court re-ects the will, probability exists that the case
will come up once again before us on the same issue of the intrinsic
validity or nullity of the will. 1*./#; waste of time, eCort, expense,
plus added anxiety.
8n Nepo*uceno vs /. (23< &/-. 6=0)3 the +ourt ruled
that <the court can inquire as to the intrinsic validity of the will
because there was an express statement that the bene:ciary was a
mistress.
NOTES:
+riminal action will not lie against the forger of a will
which had been duly admitted to probate by a court of competent
-urisdiction. (Eercado vs. &antos 66 Phil. 625)
he fact that the will has been allowed without
opposition and the order allowing the same has become :nal and
executory is not a bar to the presentation of a codicil, provided it
complies with all the formalities for executing a will. 8t is not necessary
that the will and codicil be probated together as the codicil may be
concealed by an interested party. hey may be probated one after the
other. (Eaca* vs. $at*aitan 6= Phil 351)
>hen a will is declared void because it has not been
executed in accordance with the formalities required by law, but one of
the intestate heirs, after the settlement of the debts of the deceased,
pays a legacy in compliance with a clause in the defective will, the
payment is eCective and irrevocable (.rticle 243=3 N//F Natural
O+ligations).
Grounds (or -isallo8ance o( a %ill (A1 D(G)
". 6ormalities required by law have not been complied
with!
%. estator was insane, or otherwise incapable of ma7ing a
will, at the time of its execution!
(. >ill was executed through force or under duress, or the
inKuence of fear, or threats!
4. >ill was procured by undue and improper pressure and
inKuence, on the part of the bene:ciary or of some other person!
E. .ignature of the testator was procured by fraud!
F. estator acted by mista7e or did not intend that the
instrument he signed should be his will at the time of aBxing his
signature thereto.
NOTE: @10/,). A1* *H+#/.84*.
6air arguments, persuasion, appeal to emotions, and
entreaties which, without fraud or deceit or actual coercion,
compulsion or restraint do not constitute undue inKuence suBcient to
invalidate a will. (5arreto vs. -e)es <1 Phil <<6)
Aurden is on the person challenging the will to show
that such inKuence was exerted at the time of its execution.
o ma7e a case of /,)/* 8,6#/*,+*, the free agency
of the testator must be shown to have been destroyed! but to establish
a ground of contest based on 61A/), free agency of the testator need
not be shown to have been destroyed.
Allegations of fraud and undue inKuence are mutually
repugnant and exclude each other! their -oining as grounds for
opposing probate shows absence of de:nite evidence against the
validity of the will (#casiano vs. #casiano 22 &/-. 466)
RE7OCATION -ISA&&O%ANCE
". voluntary act of the testator. ". given by -udicial decree.
%. with or without cause. %. must always be for a legal cause.
(. may be partial or total. (. always total e,cept: when the ground of
fraud or inKuence for example aCects only
certain portions of the will.
I! INSTITUTION O* HEIRS
(A1.. D4J3DEF)
INSTITUTION
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. (Art D4J)
he proper test in order to determine the validity of an
institution of heir is the possibility of :nally ascertaining the identity of
the instituted heir by intrinsic or extrinsic evidence.
$RESU"$TIONS
". $resu+3tion o( E5ualit 5 2eirs instituted without
designation of shares shall inherit in equal parts. his is limited only to
the case where all of the heirs are of the same class or -uridical
condition, and where there are compulsory heirs among the heirs
instituted, it should be applied only to the disposable free portion.
%. $resu+3tion o( Indi9idualit 5 >hen 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.
(. $resu+3tion o( Si+ultaneit 5 when the testator
calls to the succession a person and his children, they are all deemed
to have been instituted simultaneously and not successively.
INSTITUTION )ASE- ON A *A&SE CAUSE .Article <D>2
$!N!-.L -%L!: he statement of a false cause for the institution of
an heir shall be considered as not written.
Reason; @enerosity of the testator is the real cause of
the testamentary disposition.
!"/!P#ON: 8f it appears from the face of the will that the testator
would not have made the institution had he 7nown the falsity of the
cause.
!,a*ple: >here the person instituted is a total
stranger to the testator, it is obvious that the real cause of the
testamentary disposition is not the generosity of the testator but the
fact itself which turned out to be false.
RE,UISITES *OR THE ANNU&"ENT O* INSTITUTION O* HEIRS:
". cause of institution of heirs must be stated in will!
%. cause must be shown to be false!
(. it must appear from the face of the will that the testator
would not have made the institution had he 7nown the falsity of the
cause.
>here the one3sentence will institutes the
petitioner as the sole, universal heir and preterits the parents of the
testatrix, and it contains no speci:c legacies or bequests, such
universal institution of petitioner, by itself, is void. 8ntestate
succession ensues. (Nuguid vs. Nuguid3 et al. 20 &/-. 44<)
$RETERITION (A1. DE4)
0mission in the testator$s will of one, some, or all of the
compulsory heirs in the direct line, whether living at the time of the
execution of the will or born after the death of the testator.
Re5uisites:
". he heir omitted must be a compulsory heir in the
direct line!
%. he omission must be complete and total in character!
and
(. he compulsory heir omitted must survive the testator.
There is no total o+ission 8hen:
a. A devise9legacy has been given to the heir by the testator
b. A donation inter vivos has been previously given to the heir by the
testator! or
c. Anything is left from the inheritance which the heir may get by way of
intestacy.
NOTE: 8n the above cases, the remedy of the heir is completion of
legitime under Art. GJF, in case the value of the property received is
less than the value of the legitime.
E:ects o( $reterition:
". 8t annuls the institution of heir!
%. he devises and legacies are valid insofar as they are
not inoBcious! and
(. 8f the omitted compulsory heir should die before the
testator, the institution shall be eCectual, without pre-udice to the right
of representation.
NOTE: 8n case of o*ission 7ithout preterition, the rule in Art. DEE
should be followed. he suggested alternate phrasing of )r. olentino
to the said article is; 9he share of the co*pulsor) heir o*itted in a
7ill *ust +e Arst ta?en fro* the part of the estate not disposed of +)
the 7ill3 if an)F if that is not su8cient3 so *uch as *a) +e necessar)
*ust +e ta?en proportionall) fro* the shares of the heirs given to
the* +) 7ill.:
$RETERITION -ISINHERITANCE
". deprivation of a compulsory heir of his
legitime is tacit
". deprivation of a compulsory heir of his
legitime is express.
%. may be voluntary but the law presumes
that it is involuntary
%. always voluntary.
(. law presumes that there has been merely
an oversight or mista7e on the part of the
testator.
(. done with a legal cause.
4. omitted heir gets not only his legitime 4. if disinheritance is not lawful,
but also his share in the free portion not
disposed of by way of legacies9 devises.
compulsory heir is merely restored to his
legitime.
>here the deceased left no descendants, legitimate or illegitimate, but
she left forced heirs in the direct ascending lineQher parents, and her
holographic will does not explicitly disinherit them but simply omits
them altogether, the case is one of preterition of parents, not a case of
ineCective disinheritance. (Nuguid vs. Nuguid 20 &/-. 44<)
NOTE: 'reterition of the surviving spouse (..) does not entirely annul
the institution of the heir since .. is not a compulsory heir in the direct
line. 2owever, since Article D4% protects the legitime of the .., the
institution is partially annulled by reducing the rights of the instituted
heir to the extent necessary to cover the legitime of ... (olentino)
E**ECT O* $RE-ECEASE
33an heir who dies before the testator shall transmit no right to his own
heirs (rule is absolute with respect to a voluntary heir)
33what is transmitted to the representatives of compulsory heir is his
right to the legitime and not to the free portion
E**ECT O* INCA$ACIT#
33A voluntary heir who is incapacitated to succeed from testator shall
transmit no right to his own heirs.
33compulsory heir may be represented, but only with respect to his
legitime
E**ECT O* RE$U-IATION
33whether voluntary or compulsory, the heir who repudiates his
inheritance cannot transmit any right to his own heirs.
E! SU)STITUTION O* HEIRS
(A1. DE73D7J)
SU)STITUTION
he act by which the testator designates the person or
persons to ta7e the place of the heir or heirs :rst instituted (olentino).
8t may be considered as a subsidiary and conditional institution.
Kinds:
". Si+3le or Co++on (that which ta7es place when the
testator designates one or more persons to substitute the heirs9s
instituted in case such heir9s should die before him, or should not wish,
or should be incapacitated to accept the inheritance)
%. )rie( or Co+3endious; +rief (there are two or more
persons designated by the testator to substitute for only one heir),
co*pendious (one heir is designated to ta7e the place of two or more
heirs)
Instances 8hen substitution taAes 3lace:
a. instituted heir predeceases the testator!
b. incapacit) of the instituted heir to succeed from the
testator! and
c. repudiation of the inheritance.
E:ect o( substitution:
,eneral r$le: once the substitution has ta7en place, the substitute
shall not only ta7e over the share that would have passed to the
instituted heir, but he shall be sub-ect to the same charges and
conditions imposed upon such instituted heir.
E!ceptions:
(") >hen the testator has expressly to the contrary!
(%) >hen the charges or conditions are personally applicable only to
the heir instituted.
1! *ideico++issar
Re5uisites:
a. 6irst heir (f$ciar%) called to the succession.
b. An obligation clearly imposed upon such :rst heir to preserve the
property and to transmit it to the second heir.
c. .econd heir (feicommissar%) to whom the property is transmitted
by the :rst heir.
>ithout the obligation clearly imposing upon the :rst heir the
preservation of the property and its transmission to the second heir,
there is no :deicommissary substitution (-a+adilla vs. /. 334 &/-.
566)
NOTE: 'ending transmission of property, the :duciary is entitled to all
the rights of a usufructuary, although the :deicommissary is entitled to
all the rights of a na7ed owner.
&i+itations:
a. .ubstitution must not go beyond one degree from the heir originally
instituted.
b. 9(egree: means degree of relationship.
c. 6iduciary and :deicommissary must be living at the time of the death
of the testator.
d. .ubstitution must not burden the legitime of compulsory heirs.
e. .ubstitution must be made expressly.
A :deicommissary substitution is void if the :rst heir is not related in
the "
st
degree to the second heir (-a*irez vs. ;da. (e -a*irez 222
&/-. 0=4)
K! CON-ITIONA&B "O-A& TESTA"ENTAR# -IS$OSITIONSB AN-
TESTA"ENTAR# -IS$OSITIONS %ITH A TER" (A1 D7"3DDE)
$!N!-.L -%L!: he institution of an heir may be made ")
conditionally, %) for a term, or () for a certain purpose or cause
(modal). +onditions, terms, and modes however, are not presumed!
they must be clearly expressed in the will. he condition must fairly
appear from the language of the will. 0therwise, it is not binding.
L#E#.#ON&:
". he testator cannot impose any charge, burden,
encumbrance, condition, or substitution whatsoever upon the legiti*e
of co*pulsor) heirs.
%. #*possi+le conditions and those contrar) to la7 or good
custo*s are presumed to have been imposed erroneously or through
oversight, thus, are considered as not imposed.
(. An a+solute condition not to contract a Arst marriage is
always void and will be considered as not written.
4. An a+solute condition not to contract a su+se@uent
marriage is generally void, unless imposed upon a widow or widower
by the deceased spouse or by the latter$s ascendants or descendants.
*ven so, however, the legiti*e of the surviving spouse cannot +e
i*paired.
An absolute condition not to contract marriage when validly imposed is
resolutory in character. +onsequently, if the testator institutes his wife
as heir sub-ect to the condition that she will never marry again, she
immediately acquires a right to the inheritance upon the death of
testator, but if she violates the condition by contracting a %
nd
marriage,
she loses her right to said inheritance.
NOTE: 2owever, the following relative conditions regarding marriage
have been considered as 0ali an 1inin";
a. generic condition to contract marriage!
b. speci:c condition to contract marriage with a
determinate person! and
c. speci:c condition not to contract marriage with a
determinate person.
E. Any disposition made upon the condition that the heir
shall ma7e some provisions in his will in favor of the testator or of any
other person shall be void (isposicion captatoria).
F. +onditions imposed by the testator upon the heirs shall
be governed by the rules established for conditional obligations in all
matters not provided for by the law on succession.
Kinds o( Conditions
". Potestative /ondition 5 depends exclusively upon the
will of the heir, devisee, or legatee, and must be performed by him
personally.
%. /ausal /ondition 5depends upon the will of the heir,
devisee, or legatee, but upon the will of a third person.
(. Ei,ed 5 depends -ointly upon the will of the heir,
devisee, or legatee and upon chance and9or will of a third person.
*ulFll+ent o( Conditions;
". Potestative /onditions must be ful:lled after the death
of the testator (except when it has already been ful:lled and is of such
nature that it cannot be repeated)!
%. /ausal or *i,ed conditions may be ful:lled either
1efore or after such death3 unless the testator has provided
otherwise.
"O-A& INSTITUTION .INSTITUCION SU) "O-O2
Attachment by the testator to an institution of heir, or
to a devise or legacy, of a statement of the;
a. o+4ect of the institution!
b. application of the property left by testator! or
c. charge imposed by him.
NOTES:
>hen in doubt as to whether there is a condition or
merely a *ode3 consider the same as *ode.
>hen in doubt as to whether there is a *ode or merely
a suggestion3 consider same only as a suggestion.
he Rcondition$ suspends but does not obligate! the
Rmode$ o+ligates but does not suspend (for he who inherits with a
mode is already an heir! one who inherits conditionally is not yet an
heir)
-OCTRINE o( CONSTRUCTI7E *U&*I&&"ENT: >hen without the
fault of the fault of the heir, an institucion sub modo cannot ta7e eCect
in the exact manner stated by the testator, it shall be complied with in
a manner most analogous to and in conformity with his wishes.
NOTE:
8f the condition is casual, the doctrine is not applicable
since the ful:llment of the event which constitutes the condition is
independent of the will of the heir, devisee9legatee. 8f the condition is
potestative or mixed, the doctrine is applicable.
&! &EGITI"ES (A1. DDF 5 G"4)
&EGITI"E
hat part of the testator$s property which he cannot
dispose of because the law has reserved it for certain heirs who are,
therefore, called compulsory heirs.
he course of action to enforce a legitime accrues upon
the death of the donor3decedent since it is only then that the net
estate may be ascertained and on which basis, the legitime may be
determined. (#*perial vs. /. 326 &/-. 323)
NOTE: 0ne half of the estate is always reserved for the primary or
secondary compulsory heirs. he other half is what is termed under the
,++ as the <free portion= from which the legitime of the concurring
compulsory heirs are ta7en. his <free portion= is diCerent from the
<disposable free portion= over which the testator has testamentary
control. he <disposable free portion= is that which remains after the
legitime has been covered.
CO"$U&SOR# HEIRS .CH2
hose for whom the legitime is reserved by law, and
who succeed whether the testator li7es it or not. hey cannot be
deprived by the testator of their legitime e,cept by disinheritance
properly eCected.
Kinds o( Co+3ulsor Heirs:
". $ri+ar 5 those who have precedence over and
e,clude other +2. *.g. #+).
%. Secondar 5 those who succeed only in the a+sence of
the pri*ar) +2. *.g. #'A or 8'.
(. Concurring 5 those who succeed together with the
primary or secondary +2. *.g. 8+) and ...
I( the testator is a &EGITI"ATE 3erson I( the testator is an I&&EGITI"ATE
3erson
". #egitimate children and descendants (#+)) ". #egitimate children and descendants (#+))
8n default of the foregoing, legitimate
parents and ascendants (#'A)
8llegitimate children and descendants
.urviving spouse (..) 8n default of the foregoing, illegitimate
parents onl) (8')
4. 8llegitimate children and descendants (8+)) .urviving spouse (..)
NOTES:
.ee .ections "7 N "D of 1.A. DEE%.
Ay force of the 6amily +ode, adopted children are
deemed legitimate children of the adopters.
Ay force of the 6amily +ode, 8+ without distinction and
so long as their :liation is duly established or proved in accordance
with law, are each entitled to "9% of the legitime of a #+, thus
abrogating the E;4 ratio between <natural= and <non3natural= 8+.
RU&ES:
". )irect descending line
a. 1ule of preference between lines
b. 1ule of proximity
c. 1ight of representation ad inAnitu* in case of predecease, incapacity,
or disinheritance (#+; #) only! 8+; both #) and 8))
d. 8f all the #+ repudiate their legitime, the next
generation of #) succeed in their own right
%. )irect ascending line
a. 1ule of division by lines
b. 1ule of equal division
(. ,on3impairment of legitime
TA)&E O* &EGITI"ES
./148401 #*@88&* ,0*.
)ivide by the S of #+, whether they
survive alone or with concurring +2.
% or more #+
equal to " #+
T of " #+
T of " #+
All the concurring +2 get from the
half free portion, the share of the ..
having preference over that of the
8+, whose share may suCer
reduction pro rata because there is
no preference among themselves.
>hether they survive alone or with
concurring +2.
8+ succeed in the U in equal shares.
)ivide equally among the 8+.
"9( if marriage is in articulo mortis
and deceased spouse dies within (
mos. after the marriage.
Any child
3excluded38t depends +hildren inherit in the amounts
established in the foregoing rules.
0nly the parents are of 8+ are
included. @randparents and other
ascendants are excluded.
STE$S IN -ETER"INING THE &EGITI"E O* CO"$U&SOR# HEIRS:
". )etermination of the "ross 0al$e of the estate at the
time of the death of the testator!
%. )etermination of all e1ts an c/ar"es which are
chargeable against the estate!
(. )etermination of the net value of the estate by
deducting all the debts and charges from the gross value of the estate!
4. Collation or addition of the value of all donations inter
vivos to the net value of the estate!
E. )etermination of the amount of the le"itime from the
total thus found!
F. Imp$tation of the value of all donations inter vivos
made to compulsory heirs against their legitime and of the value of all
donations inter vivos made to strangers against the disposable free
portion and restoration to the hereditary estate if the donation is
inoBcious! and
7. Distri1$tion of the residue of the estate in accordance
with the will of the testator
CO&&ATION
". 6ictitious mathematical process of adding the value of
the thing donated to the net value of the hereditary estate (Art. GJD
and Arts. "JF"3"J77).
%. Act of charging or imputing such value against the
legitime of the compulsory heir to whom the thing was donated (Arts.
"JF"3"J77).
(. Actual act of restoring to the hereditary estate that part
of the donation which is inoBcious in order not to impair the legitime
of compulsory heirs.
RESER7A TRONCA& (A1 DG")
he reservation by virtue of which an 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 for the bene:t of relatives
who are within the (
rd
degree and who belong to the line from which
such property came.
8t constitutes as an e,ception to both the system of
legitime and the order of intestate succession.
$ur3oses:
". o reserve certain property in favor of certain persons!
%. o prevent persons outside a family from acquiring, by
some chance or accident, property which otherwise would have
remained with the said family!
(. o maintain a separation between paternal and
maternal lines.
NOTE: +onsidering the rationale for reserva troncal which is to
ultimately revert ownership of property that originally belongs to a line
of relatives but which by force of law passes to a diCerent line, the
reserva would have no reason to arise where the ascendants who
acquire the property themselves belong to the line of relatives from
which the property was, in turn, acquired by the descendant.
Re5uisites:
". he property should have been acquired by operation of
law by an ascendant (reser0ista) from his descendant (proposit$s)
upon the death of the latter.
%. he property should have been previously acquired by
gratuitous title by the descendant (proposit$s) from another
ascendant or from a brother or sister (ori"inator).
(. he descendant (proposit$s) should have died without
any legitimate issue in the direct descending line who could inherit
from him.
$ersonal ele+ents:
". Ori"inator 5 the ascendant, or brother or sister from whom the
propositus had acquired the property by gratuitous title (e.g. donation,
remission, testate or intestate succession)!
%. -roposit$s 5 the descendant who died and from whose death the
reservista in turn had acquired the property by operation of law (e.g.
by way of legitime or intestate succession). he so3called <arbiter of
the fate of the reserva troncal.=
(. Reser0ista 5 the ascendant, not belonging to the line
from which the property came (Pustice 4itug) that is the only
compulsory heir and is obliged to reserve the property.
NOTE; )r. olentino is of the view that even if the reservista and the
originator belong to the sa*e line, there is still an obligation to
reserve.
4. Reser0atarios 5 the relatives of the propositus within
the (
rd
degree and who belong to the line from which the property
came and for whose bene:t the reservation is constituted. hey must
be related by blood not only to the propositus but also to the originator.
NOTE: .ll personal ele*ents *ust +e 4oined +) +onds of legiti*ate
relationship.
NOTE: 8n determining the right of the reservatarios over the reservable
property, there are 6 events to consider;
2. Deat/ of proposit$s: all quali:ed reservatarios
acquire an inchoate right. -eservista o7ns the propert) su+4ect to a
resolutor) condition.
6. Deat/ of reser0ista: surviving reservatarios acquire a
perfect right.
NOTE: he ,++ did not provide for the rules on how the reservatarios
would succeed to the reservista. 2owever, the following rules on
intestacy have been consistently applied;
a. 1ule of preference between lines
b. 1ule of proximity
c. 1ight of representation (provided that the
representative is a relative of the descendant3 propositus within (
rd
degree, and that he belongs to the line from which the reservable
property came)
d. <6ull blood9double share= rule in Art. "JJF
'roperty sub-ect to reservation; must be the same property which the
reservista had acquired by operation of law from propositus upon the
death of the latter and which the latter, in turn had acquired by
gratuitous title during his lifetime from another ascendant,
brother9sister.
Obligations o( Reser9ista:
(") o ma7e an inventory of all reservable property!
(%) o appraise value of all reservable movable
property!
(() o annotate in 1egistry of property the reservable
character of all reservable immovable property!
(4) o secure by mortgage (a) restitution of movables
not alienated, (b) payment of damages caused by his fault or
negligence, (c) return of price received for movables alienated and (d)
payment of value of immovable alienated.
A reservatorio may dispose of his e,pentanc) to the
reservable property during pendency of the reserve in its uncertain and
conditional form. 8f he dies before the reservista, he has not
transmitted anything, but if he survives such reservista, the
transmission shall become eCective.
. 7ill *a) prevent the constitution of a reserva. 8n case
of testate succession, only the legitime passes by operation of law. he
propositus may, +) 7ill, opt to give the legitime of his ascendant
without giving to the latter properties he had acquired by gratuitous
title from another ascendant, or brother or sister. #n such case3 a
reserva troncal is avoided.
2owever, if the ascendant was not disentitled in
the will to receive such properties, the reser0a minima rule
(proportional reserva) should be followed. he rule holds that all
property passing to the reservista must be considered as passing
partly by operation of law and partly by will of the propositus. hus,
one half of the properties acquired by gratuitous title should be
reservable, and the other half should be free.
Causes (or Extinguish+ent o( Reser9a Troncal:
1. )eath of reservatarios!
2. )eath of all relatives of propositus within the (
rd
degree
who belong to the line from which the property came!
3. #oss of the reservable property for causes not due to
the fault or negligence of the reservista.
4. >aiver or renunciation by the reservatarios!
5. 'rescription of the right of the reservatarios, when the
reservista holds the property adversely against them in the concept of
an absolute owner!
6. 1egistration by the reservista of the property as free
property under the #and 1egistration Act
"! -ISINHERITANCE (A1 G"E 5 G%()
A testamentary disposition by which a person is
deprived of, or excluded from, the inheritance to which he has a right.
A disinheritance properly eCected totally excludes the
disinherited heir from the inheritance. he disinherited heir is deprived
not only of the legiti*e but also of such part of the free portion that
would have passed to him by a previous will (which is revo7ed, as
inconsistent with, the subsequent disinheritance) or by intestate
succession.
Re5uisites:
". *Cected only through a valid will!
%. 6or a cause expressly stated by law!
(. +ause must be stated in the will itself!
4. +ause must be certain and true!
E. /nconditional!
F. otal! and
7. he heir disinherited must be designated in such a manner that there
can be no doubt as to his identity.
E:ects o( -isinheritance:
1. )eprivation of the compulsory heir who is disinherited
of any participation in the inheritance including the legitime.
2. he children9descendants of the person disinherited
shall ta7e his or her place and shall preserve the rights of compulsory
heirs with respect to the legitime.
3. he disinherited parent shall not have the usufruct or
administration of the property which constitutes the legitime.
I"$ER*ECT -ISINHERITANCE
A disinheritance which does not have one or more of
the essential requisites for its validity.
E:ects:
". 8f testator had made disposition of the entire estate;
annulment of the testamentary dispositions only in so far as they
pre-udice the legitime of the person disinherited! does not aCect the
dispositions of the testator with respect to the free portion.
%. 8f testator did not dispose of the free portion;
compulsory heir is given all that he is entitled to receive as if the
disinheritance has not been made, without pre-udice to lawful
dispositions made by the testator in favor of others.
(. )evises, legacies and other testamentary dispositions
shall be valid to such extent as will not impair the legitime.
I"$ER*ECT -ISINHERITANCE $RETERITION
". he person disinherited may be any
compulsory heir
". he person omitted must be a
compulsory heir in the direct line
%. Always express %. Always implied
(.Always intentional (. &ay be intentional or unintentional
4. *Cect; 'artial annulment of institution of 4. *Cect; otal annulment of institution of
Co++on Causes (or -isinheritance o( children or descendantsB
3arents or ascendantsB and s3ouse:
". >hen the heir has been found guilty of an attempt
against the life of the testator, his9her descendants or ascendants, and
spouse in case of children and parents!
%. >hen the heir has accused the testator of a crime for
which the law prescribes imprisonment for F years or more, if the
accusation has been found groundless!
(. >hen the heir by fraud, violence, intimidation, or undue
inKuence causes the testator to ma7e a will or to change one already
made!
4. 1efusal without -usti:able cause to support the testator
who disinherits such heir.
$eculiar Causes (or -isinheritance
1. ChildrenG-escendants:
a. >hen the child9descendant has been convicted of
adultery or concubinage with the spouse of the testator!
b. &altreatment of the testator by word or deed by the
child9descendant!
c. >hen the child9descendant leads a dishonorable or
disgraceful life! +onviction of a crime which carries with it a penalty of
civil interdiction.
2. $arentsGAscendants:
a. >hen the parents have abandoned their children or
induced their daughters to live a corrupt or immoral life, or attempted
against their virtue!
b. >hen the parent9ascendant has been convicted of
adultery or concubinage with the spouse of the testator!
c. #oss of parental authority for causes speci:ed in the
+ode! and
d. Attempt by one of the parents against the life of the
other, unless there has been reconciliation between them.
3. S3ouse:
a. >hen the spouse has given cause for legal separation!
>hen the spouse has given grounds for the loss of parental authority.
Re9ocation o( -isinheritance:
". 1econciliation!
%. .ubsequent institution of the disinherited heir! and
(. ,ullity of the will which contains the disinheritance.
NOTE: 0nce disinheritance has been revo7ed or rendered ineCectual,
it cannot be renewed except for causes su+se@uent to the revocation
or based on ne7 grounds.
RECONCI&IATION
8t is the resumption of genuine cordial relationship
between the testator and the disinherited heir, approximating that
which prevailed before the testator learned of the cause for
disinheritance, reciprocally manifested by their actions subsequent to
the act of disinheritance.
A subsequent reconciliation between the oCender and
the oCended person deprives the latter of the right to disinherit, and
renders ineCectual any disinheritance that may have been made. (Art.
G%%)
NOTES:
&ere civilit) which may characteriOe their relationship,
a conduct that is naturally expected of every decent person, is not
enough.
8n order to be eCective, the testator must pardon the
disinherited heir. .uch pardon must speci:cally refer to the heir and to
the acts causing the disinheritance. he heir *ust accept the pardon.
,o particular form is required. 8t may be made
expressly or tacitly.
NOTE: >here the cause for disinheritance is li7ewise a ground for
un7orthiness to succeed, what is the eCect of a subsequent
reconciliation upon the heir$s capacity to succeedV
". #f disinheritance has +een *ade: 1ule on reconciliation applies. he
disinheritance becomes ineCective.
%. #f disinheritance has not +een *ade: 1ule on reconciliation does not
apply. he heir continues to be incapacitated to succeed unless
pardoned by the testator under Art. "J((. he law eCects the
disinheritance.
N! &EGACIES AN- -E7ISES (A1.. G%4 5 GEG)
$ersons charged 8ith legacies and de9ises:
(") compulsory heir!
(%) voluntary heir!
(() legatee or devisee!
(4) estate
NOTES:
8f the will is silent with regard to the person who shall
pay or deliver the legacy9devise, there is a presumption that such
legacy or devise constitutes a charge against the decedent$s estate.
.ince legacies and devises are to be ta7en from the
disposable free portion of the estate, thus, the provisions on institution
of heirs are generally applicable to them.

STATUS O* $RO$ERT# GI7EN )#
&EGAC#G-E7ISE
E**ECT ON THE &EGAC#G-E7ISE
". Aelonging to the testator at the time of the
execution of the will until his death *Cective
%. Aelonging to the testator at the time of the
execution of the will but alienated in favor of a
person
1evo7ed
(. Aelonging to the testator at the time of the
execution of the will but alienated in favor of
the legatee9devisee gratuitousl)
,o revocation. here is a clear intention
to comply with legacy or devise.
4. Aelonging to the testator at the time of the
execution of the will but alienated in favor of
the legatee or devisee onerousl)
#egatee9devisee can demand
reimbursement from the heir or estate
E. ,ot belonging to the testator at the time the
will is executed but he has ordered that the*Cective
thing be acquired in order that it be given to
the legatee9devisee
F. ,ot belonging to the testator at the time the
will is executed and the testator erroneously
believed that the thing pertained to him
4oid
7. ,ot belonging to the testator at the time the
will is executed but afterwards becomes his by
whatever title
*Cective
D. Already belonged to the legatee9devisee at
the time of the execution of the will even
though another person may have interest
8neCective
G. Already belonged to the legatee or devisee
at the time of the execution of the will even
though it may have been subsequently
alienated by him
8neCective
"J.estator had 7nowledge that the thing
bequeathed belonged to a third person and
the legatee9devisee acquired the property
gratuitousl) after the execution of the will
#egatee9devisee can claim nothing by
virtue of the legacy9devise
"".estator had 7nowledge that the thing
bequeathed belonged to a third person and the
legatee9devisee acquired the property by
onerous title
#egatee9devisee can demand
reimbursement from the heir or estate
ART! 0== ART! 0D>
Order o( 3re(erence: (#8'0) Order o( 3re(erence: (1'.*.0)
egitime of compulsory heirs
)onations inter vivos
referential legacies or devices
ther legacies or devices pro rata
emuneratory #9)
referential #9)
upport
ducation
#9) of a speci:c, determinate thing which
forms a part of the estate
thers pro rata
A33lication: A33lication:
(") >hen the reduction is necessary to
preserve the legitime of compulsory heirs
from impairment whether there are
(") >hen there are no compulsory heirs and
the entire estate is distributed by the testator
as legacies or devises! or
donations inter vivos or not! or
(%) >hen, although, the legitime has
been preserved by the testator himself
there are donations inter vivos.
(%) >hen there are compulsory heirs but
their legitime has already been provided for
by the testator and there are no donations
inter vivos.
NOTES:
8n case of reduction in the above cases, the inverse
order of payment should be followed.
>hen the question of reduction is exclusively among
legatees and devisees themselves, .rticle <5= governs! but when there
is a conKict between compulsory heirs and devisees and legatees,
.rticle <22 applies.
GROUN-S *OR RE7OCATION O* &EGACIES AN- -E7ISES (A1
GE7)
". estator transfor*s the thing bequeathed in such a
manner that it does not retain either the form or the denomination it
had.
%. estator by any title or for any cause alienates the thing
bequeathed, or any part thereof, it being understood that in the latter
case the legacy or devise shall be without eCect only with respect to
the part alienated.
!,cept: when the thing should again belong to the testator after
alienation.
(. hing bequeathed is totall) lost during the lifetime of
the testator, or after his death without the heirs fault
4. 0ther causes; nullity of the will! noncompliance with
suspensive conditions aCecting the bequests! sale of the thing to pay
the debts of the deceased during the settlement of his estate.
NOTE: #8. 8. ,0 *H+#/.84*
II! &EGA& OR INTESTATE SUCCESSION
hat which is eCected by operation of law in the absence or default of
a will.
CAUSES O* INTESTAC#
1. 8f a person dies without a will, or with a void will, or one
which has subsequently lost its validity!
2. Absence of an institution of heir!
3. 'artial institution of heir. 8n such case, intestacy ta7es
place as to the undisposed portion (mixed succession)!
4. ,on3ful:llment of suspensive condition attached to the
institution of heir!
5. 'redecease of the instituted heir!
6. 1epudiation by the instituted heir!
7. 8ncapacity of instituted heir!
8. 'reterition. 8ntestacy may be total or partial depending
on whether or not there are legacies9devises!
9. 6ul:llment of resolutory condition!
10. *xpiration of term or period of institution!
11. ,on3compliance or impossibility of compliance with the will.
NOTE: 8n all cases where there has been an institution of heir, follo7
the #.&.-...#. order of Pustice 'aras. 8f the Institution fails, Substitution
occurs. 8f there is no substitute, the right of Representation applies in
the direct descending line to the legitime if the vacancy is caused by
predecease, incapacity, or disinheritance. he right of Accretion
applies to the free portion when the requisites in Art. "J"F are present.
8f there is no substitute, and the right of 1epresentation or Accretion
does not apply, the rules on Intestate succession shall ta7e over.
A! RU&ES
1. Rule o( $re(erence bet8een lines
hose in the direct descending line shall exclude those
in the direct ascending and collateral lines, and those in the direct
ascending line shall, in turn, exclude those in the collateral line.
2. Rule o( $roxi+it
he relative nearest in degree excludes the more
distant ones, saving the right of representation when it properly ta7es
place.
his rule is sub-ect to the rule of preference between
lines.
3. Rule o( E5ual -i9ision
1elatives in the sa*e degree shall inherit in equal
shares.
!"/!P#ON&:
a) )ivision in the ascending line (between paternal and maternal
grandparents)!
b) )ivision among brothers and sisters, some of whom are of the full and
others of half blood! and
c) )ivision 8n cases where the right of representation ta7es place.
NOTE: his rule is sub-ect to the rule of preference between lines.
4. Rule o( )arrier bet8een the legiti+ate (a+il and the illegiti+ate
(a+il
he illegitimate family cannot inherit +) intestate
succession from the legitimate family and vice3versa.
5. Rule o( -ouble Share (or (ull blood collaterals
>hen full and half3blood brothers or sisters, nephews or
nieces, survive, the full blood shall ta7e a portion in the inheritance
double that of the half3blood.
NOTE: 8n case of a disposition made in general terms under Article
GEG, only the 1ule of 'roximity applies.
)! RE&ATIONSHI$ (A1.. GF( 5 GFG)
". ,umber of generations determines proximity.
%. *ach generation forms a degree.
(. A series of degrees forms a line.
4. A line may be direct or collateral. A direct line is that
constituted by the series of degrees among ascendants and
descendants (ascending and descending).
E. A collateral line is that constituted by the series of
degrees among persons who are not ascendants or descendants, but
who come from a common ancestor.
F. 6ull blood; same father and mother! half blood; only one
of either parent is the same.
7. 8n adoption, the legal :liation is personal and exists
only between the adopter and the adopted. he adopted is deemed a
legitimate child of the adopter (A'), but still remains as an intestate
heir of his natural parents and other blood relatives.
C! RIGHT O* RE$RESENTATION .RR2
(A1.. G7J 5 G77)
A right created by :ction of law, by virtue of which 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 if he could have inherited. he representative is called
to the succession by the law not by the person represented. 2e
succeeds the one whom the person represented would have
succeeded.
NOTES:
8n the direct line, representation ta7es place ad
inAnitu* in the direct descending line, never in the ascending.
8n the collateral line, representation ta7es place only in
favor of the children of brothers or sisters (nephews and nieces),
whether of the full or half3blood, and only if they concur with at least "
uncle or aunt.
=! Testa+entar Succession
a) >hen a compulsory heir in the direct descending
line had predeceased the testator and was survived by his children or
descendants.
b) >hen a compulsory heir in the direct descending
line is excluded from the inheritance due to incapacit) or un7orthiness
and he has children or descendants.
c) >hen a compulsory heir in the direct descending
line is disinherited and he has children or descendants! representation
covers only the legitime.
d) A legatee9devisee who died after the death of the
testator may be represented by his heirs.
;! Intestate Succession
a) >hen a legal heir in the direct descending line had predeceased the
decedent and was survived by his children or descendants.
b) >hen a legal heir in the direct descending line is excluded from the
inheritance due to incapacit) or un7orthiness and he has children or
descendants.
c) >hen brothers or sisters had predeceased the decedent and they had
children or descendants.
d) >hen illegiti*ate children represent their illegitimate parents who
already died in the estate of their grandparents.
e) >hen nephe7s and nieces inherit together with their uncles and aunts
in representation of their deceased parents who are the brothers or
sisters of said uncles and aunts.
-! INTESTATE OR &EGA& HEIRS
hose who are called by law to the succession either in
the absence of a will or of quali:ed heirs, and who are deemed called
based on the presumed will of the decedent.
REGU&AR OR-ER O* SUCCESSION .-ecedent is a legiti+ate
3erson2:
". #egitimate children or descendants (#+))
%. #egitimate parents or ascendants (#'A)
(. 8llegitimate children or descendants (8+))
4. .urviving spouse (..)
E. Arothers and sisters, nephews and nieces (A.9,,)
F. 0ther collateral relatives within the E
th
degree (+E)
7. .tate
IRREGU&AR OR-ER O* SUCCESSION .-ecedent is an
illegiti+ate 3erson2:
". #egitimate children or descendants (#+))
%. 8llegitimate children or descendants (8+))
(. 8llegitimate parents (8')
4. .urviving spouse (..)
E. Arothers and sisters, nephews and nieces (A.9,,)
F. .tate
OR-ER O* CONCURRENCE
". #+), 8+), and ..
%. #'A, 8+), and ..
(. 8+) and ..
4. .. and 8'
E. A.9,, and ..
F. +E (alone)
7. .tate (alone)
TA)&E O* INTESTATE SHARES
./148401 8,*.A* .2A1*
Any class alone *ntire estate
((iongson vs. /inco3 04 &/-. 221)
% or more #+ +onsider .. as " #+, then divide estate by total number.
(he la7 is silent. .ppl) concurrence theor).)
6irst, satisfy legitimes. *state would be insuBcient
1eduction must be made according to the rules on
legitimes. he legitimes of #+) and .. shall always be
:rst satis:ed in preference to the 8+).
% or more #+ 6irst, satisfy legitimes. here would be an excess
estate. )istribute such excess in the proportion ";%;%, in
accordance with the concurrence theor).
OR-ER O* CONCURRENCE IN THE CASE O* A-O$TE- CHI&-
SUR7I7ORS SHARE
". #'A98'
%. #'A98'
CAR-INA& $RINCI$&ES O* INTESTATE SUCCESSION .Eustice
$aras2
". *ven if there is an order of intestate succession, the +ompulsory 2eirs
.CH) are never excluded. he +ivil +ode follows the concurrence
theory, not the exclusion theory.
%. 1ight of 1epresentation .RR) in the collateral line occurs only in
intestate succession, never in testamentary succession because a
voluntary heir cannot be represented (collateral relatives are not +2).
(. he intestate shares are either equal to or greater than the legitime.
4. $!N!-.L -%L!: @randchildren always inherit by 11, provided
representation is proper.
!"/!P#ON: >henever all the children repudiate, the grandchildren
inherit in their own right because 11 would not be proper.
E. ,ephews and nieces inherit either by 11 or in their 0wn 1ight (OR).
a. 11; when they concur with aunts and uncles (provided that 11 is
proper)
b. 01; when they do not concur with aunts and uncles.
F. 8+) of legiti*ates cannot represent because of the
barrier, but both the 8+) and #+) of illegiti*ates can.
7. here can be reserva troncal in intestate succession.
D. A renouncer can represent, but cannot be represented.
G. A person who cannot represent a near relative cannot
also represent a relative farther in degree.
III! "I6E- SUCCESSION OR $ARTIA& INTESTAC#
.uccession that is eCected partly by will and partly by operation of law.
RU&ES:
=! he law of legitimes must be brought into operation in partial
intestacy, because the testamentary dispositions can aCect only the
disposable free portion but never the legitimes.
;! 8f among the concurring intestate heirs there are compulsory heirs,
whose legal or intestate portions exceed their respective legitimes,
then the amount of the testamentary disposition must be deducted
from the disposable free portion, to be borne by all the intestate heirs
in the proportions that they are entitled to receive from such
disposable free portion as intestate heirs.
1! 8f the intestate share of a compulsory heir is equal to his legitime, then
the amount of the testamentary disposition must be deducted only
from the intestate shares of the others, in the proportions stated
above.
@! 8f the testamentary dispositions consume the entire disposable free
portion, then the intestate heirs who are compulsory heirs will get only
their legitime, and those who are not compulsory heirs will get nothing.
I7! $RO7ISIONS CO""ON TO TESTA"ENTAR# AN- INTESTATE
SUCCESSIONS
A! RIGHT O* ACCRETION .A2
(A1. "J"E 5 "J%()
A right by virtue of which, when two or more persons are called to the
same inheritance, devise or legacy, the part assigned to one who
renounce or cannot receive his share, or who died before testator, is
added or incorporated to that of his co3heirs, co3devisees, or co3
legatees.
A right based on the presumed will of the deceased that he prefers to
give certain properties to certain individuals, rather than to his legal
heirs.
Re5uisites:
=! % or more persons must have been called to the same inheritance,
legacy or devise, or to the same portion thereof, pro indiviso! and
;! there must be a vacancy in the inheritance, legacy or devise (caused
b 3redeceaseB inca3acitB re3udiationB non(ulFll+ent o(
sus3ensi9e condition or 9oid or ine:ecti9e testa+entar
dis3ositions!2
E**ECTS o( $RE-ECEASEB INCA$ACIT#B -ISINHERITANCEB or
RE$U-IATION in both TESTA"ENTAR# and INTESTATE
SUCCESSION
CAUSE O* 7ACANC# TESTA"ENTAR# SUCCESSION INTESTATE SUCCES'SION
.IS2
&egiti+e *ree $ortion
$redecease
Inca3acit
-isinheri'tance W W
Re3udia'tion
Su++ar:
.A2 In testa+entar
succession:
(") #egitime;
(a) 8n case of predecease of an heir, there is
representation if there are children or descendants! if none, the others
inherit in their own right.
(b) 8n case of incapacity, results are the same
as in predecease.
(c) 8n case of disinheritance, results are the
same as in predecease.
(d) 8n case of repudiation by an heir, the others
inherit in their own right.
(%) )isposable free portion;
Accretion ta7es place when requisites are present! but if such
requisites are not present, the others inherit in their own right.
.)2 In intestate succession:
(") 8n case of predecease, there is representation if there
are children or descendants! if none, the others inherit in their own
right.
(%) 8n case of incapacity, results are the same as in
predecease.
(() 8n case of repudiation, there is always accretion.
)! CA$ACIT# TO SUCCEE- )# %I&& OR )# INTESTAC# (A1.. "J%4
5 "J4J)
Re5uisites:
1. he heir, legatee9devisee must be living or in existence
at the moment the succession opens! and
2. 2e must not be incapacitated or disquali:ed by law to
succeed.
THE *O&&O%ING ARE INCA$A)&E O* SUCCEE-ING:
A! )ased on Undue InHuence or Interest: ('8@1A')
1. $riest who heard the confession of the testator during
his last illness, or the minister of the gospel who extended spiritual aid
to him during the same period!
2. Individuals, associations and corporations not permitted
by law to inherit!
3. Guardian with respect to testamentary dispositions
given by a ward in his favor before the :nal accounts of the
guardianship have been approved, even if the testator should die after
the approval thereof! nevertheless, any provision made by the ward in
favor of the guardian when the latter is his ascendant, descendant,
brother, sister, or spouse, shall be valid!
4. Relatives of such priest or minister of the gospel within
the 4
th
degree, the church, order, chapter, community, organiOation or
institution to which such priest or minister may belong!
5. Attesting witness to the execution of a will, the spouse,
parents or children, or any one claiming under such witness, spouse,
parents or children! and
6. $hysician, surgeon, nurse, health oBcer or druggist
who too7 care of the testator during his last illness.
)! )ased on "oralit or $ublic $olic
(A1 7(G)
". hose made in favor of a person with whom the testator was guilty of
adultery or concubinage at the time of the ma7ing of the will.
%. hose made in consideration of a crime of which both the testator and
the bene:ciary have been found guilty.
(. hose made in favor of a public oBcer or his spouse, descendants and
ascendants, by reason of his public oBce
C! )ased on Acts o( Un8orthiness (A
4
6
(
')
1. 'arents who have abandoned their children or induced
their daughters to lead a corrupt or immoral life, or attempted against
their virtue!
2. Any person who has been convicted of an attempt
against the life of the testator, his9her spouse, descendants or
ascendants!
3. Any person who has accused the testator of a crime for
which the law prescribes imprisonment for F years or more, if the
accusation has been found groundless!
4. Any person convicted of adultery or concubinage with
the spouse of the testator!
5. Any heir of full age who, having 7nowledge of the
violent death of the testator, should (ail to report it to an oBcer of the
law within a month, unless the authorities have already ta7en action!
this prohibition shall not apply to cases wherein, according to law,
there is no obligation to ma7e an accusation!
6. Any person who by (raud, violence, intimidation, or
undue inKuence should cause the testator to ma7e a will or to change
one already made!
7. Any person who (alsi:es or forges a supposed will of
the decedent! and
8. Any person who by the same means 3revents another
from ma7ing a will, or from revo7ing one already made, or who
supplants, conceals, or alters the latterLs will.
NOTE: he moment the testator uses one of the acts of unworthiness
as a cause for disinheritance, he thereby submits it to the rules on
disinheritance. hus, reconciliation renders the disinheritance
ineCective.
$AR-ON O* ACTS O* UN%ORTHINESS
E6$RESS I"$&IE-
". made by the execution of a document or
any writing in which the decedent condones
the cause of incapacity
". eCected when testator ma7es a will
instituting the unworthy heir with
7nowledge of the cause of incapacity
%. cannot be revo7ed %. revo7ed when the testator revo7es the
will or the institution
C! ACCE$TANCE AN- RE$U-IATION O* INHERITANCE (A1.. "J4"
5 "JE7)
Characteristics: (481)
". 7oluntary and free
%. Irrevocable, except if there is vitiation of consent or an un7nown will
appears
(. Retroactive
Re5uisites:
". certainty of the death of the decedent
%. certainty of the right to the inheritance
Acceptance vs. 1epudiation;
(") Acceptance involves
the con:rmation of transmission of successional rights, while
repudiation renders such transmission ineCective.
(%) 1epudiation is
equivalent to an act of disposition and alienation.
(() he publicity
required for repudiation is necessary for the protection of other heirs
and also of creditors.
*or+ o( Acce3tance
". *xpress Acceptance 5 one made in a public or private document.
%. acit Acceptance 5 one resulting from acts by which the intention to
accept is necessarily implied or which one would have no right to do
except in the capacity of an heir
Tacit acce3tance is pres$me (ro+ certain acts o( the heir as:
". >hen heir sells, donates, or assigns his right.
%. >hen heir renounces it for the bene:t of one or more
heirs.
(. >hen renunciation is in favor of all heirs
indiscriminately for consideration
4. 0ther acts of tacit acceptance
a. heir demands partition of the inheritance
b. heir alienates some ob-ects of the inheritance
c. /nder Art "JE7, failure to signify acceptance or
repudiation within (J days after an order of distribution by the probate
court.
1*'/)8A80, must be made in a pu+lic instru*ent
(ac7nowledged before a notary public) or authentic docu*ent
(equivalent of an indubitable writing or a writing whose authenticity is
admitted or proved) or by petition presented to the court having
-urisdiction over the testamentary or intestate proceeding.
Reason (or (or+alit: #aw considers that the act of
repudiation is more solemn than the act of acceptance and that
repudiation produces a more violent and disturbing consequences.
Heir in t8o ca3acities: An heir who is such by will
and by law, and he repudiates the inheritance as a testamentary heir,
will be considered to have repudiated the inheritance as a legal heir.
Aut when an heir repudiates as a legal heir, he may later on accept as
a testamentary heir.
-! CO&&ATION (A1.. "JF"3"J77)
*very compulsory heir, who succeeds with other
compulsory heirs must bring into the mass of the estate any property
or right which he may received from the decedent, during the lifetime
of the latter, by way of donation, or any other gratuitous title, in order
that it may be computed in the determination of the legitime of each
heir, and in the account of partition. (Art. "JF")
An act of returning or restoring to the common mass of
the estate, either actually or :ctitiously, any property which a person
may have received from the decedent during the latter$s lifetime, but
which is understood for legal purposes as an advance from inheritance.
O$ERATIONS RE&ATE- TO CO&&ATION
". +ollation 5 adding to the mass of the hereditary estate
the value of the donation or gratuitous disposition
%. 8mputing or +harging 5 crediting the donation as an
advance on the legitime (if the donee is a compulsory heir) or on the
free portion (if the donee is a stranger)
(. 1eduction 5 determining to what extent the donation
will remain and to what extent it is excessive or inoBcious.
4. 1estitution 5 return or payment of the excess to the
mass of hereditary estate.
$ersons obliged to collate
". $!N!-.L -%L!: compulsory heirs
!"/!P#ON&:
a. >hen the testator should have so expressly provided! and
b. >hen the compulsory heir should have repudiated
his inheritance
%. @randchildren who survive with their uncles, aunts, or
"
st
cousins, and inherit by right of representation.
NOTE: @randchildren may inherit from grandparent in their own right
(i.e. heirs next in degree) and not by right of representation if their
parent repudiates the inheritance of the grandparent, as no living
person can be represented except in cases of disinheritance and
incapacity. #n such case grandchildren are not o+liged to +ring to
collation 7hat their parent has received gratuitousl) fro* their
grandparent)
%hat to collate:
". Any property or right received by gratuitous title during
the testator$s lifetime
%. All that they may have received from the decedent
during his lifetime
(. All that their parents would have brought to collation if
alive
$ro3erties not subIect to collation .;
nd
conce3t2:
1. Absolutely no collation (all concepts);
a. *xpenses for support, education (ele*entar) and
secondar) onl)), medical attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or customary gifts (Art. "JF7).
2. @enerally not imputable to legiti*e;
a. *xpenses incurred by parents in giving their children
professional, vocational or other career unless the parents so provide,
or unless they impair the legitime.
b. >edding gifts by parents and ascendants consisting of
-ewelry, clothing, and out:t except when they exceed "9"J of the sum
disposable by will.
E! $ARTITION AN- -ISTRI)UTION O* ESTATE (A1.. "J7D 5 ""JE)
8t is the separation, division and assignment of a thing
held in common among those to whom it may belong. 8t includes every
act which is intended to put an end to indivision among co3heirs, and
legatees or devisees, although it should purport to be a sale,
exchange, compromise, or any other transaction. 8t is not sub-ect to
any form.
%ho +a efect 3artition:
". decedent himself during his lifetime by an act inter
vivos or by will!
%. heirs themselves!
(. competent court!
4. (
rd
person designated by the decedent.
%ho can eman 3artition:
". compulsory heir!
%. voluntary heir!
(. legatee or devisee!
4. any person who has acquired interest in the estate.
%hen 3artition cannot be de+anded: ('A'/)
". when expressly 3rohibited by the testator himself for a
period not exceeding %J years!
%. when the co3heirs agreed that the estate shall not be
divided for a period not exceeding "J years, renewable for another "J
years!
(. when 3rohibited by law!
4. when to partition the estate would render it
unserviceable for the use for which it is intended.
$rohibition to $artition
2. he prohibition to partition for a period not e,ceeding
%J years can be imposed on the legitime.
6. 8f the prohibition to partition is for more than %J years,
the e,cess is void.
3. *ven if a prohibition is imposed, the heirs by mutual
agreement can still ma7e the partition.
$ARTITION INTER 7I7OS (A1 "JDJ)
8t is one that merely allocates speci:c items or pieces of
property on the basis of the pro3indiviso shares :xed by law or given
under the will to heirs or successors.
NOTE: 'artition is not itself a mode of acquiring ownership, nor a title
therefore. his partition, being predicated on succession, necessitates
relationship to the decedent (in case of intestacy) or a will duly
probated (in case of testacy). A partition inter vivos made in favor of
intestate heirs could be operative. )ispositions, however, to non3
intestate heirs may suCer an impediment unless based on a valid will,
except perhaps when such dispositions are intended to ta7e eCect
during the life of the testator and the formalities of donations are
properly complied with.
E**ECTS O* INC&USION O* INTRU-ER IN $ARTITION;
". 5et7een a true heir and several *ista?en heirs 5
partition is 408).
%. 5et7een several true heirs and a *ista?en heir 5
transmission to mista7en heir is 408).
(. hrough error or *ista?e3 share of true heir is allotted
to *ista?en heir 5 partition shall not be rescinded unless there is bad
faith or fraud on the part of the other persons interested, but the latter
shall be proportionately obliged to pay the true heir of his share
NOTE: partition with respect to the mista7en heir is 408).
A 7OI- %I&& "A# )E A 7A&I- $ARTITION:
". 8f the will was in fact a partition! and
%. 8f the bene:ciaries in the void will were legal heirs.