Beruflich Dokumente
Kultur Dokumente
It is a mode of acquisition
KINDS OF SUCCESSION:
1. Testamentary that which results from the designation of an heir, made in a will
executed in the form prescribed by law
2. Legal or Intestate that which takes place by operation of law in the absence of
a valid will
3. Mixed that which is effected partly by will and partly by operation of law
KINDS OF HEIRS:
1. Compulsory those who succeed by force of law to some portion of the
inheritance, in an amount predetermined by law, of which they cannot be
deprived by the testator, except by a valid disinheritance
2. Voluntary or Testamentary those who are instituted by the testator in his will,
to succeed to the portion of the inheritance of which the testator can freely
dispose
3. Legal or Intestate 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
DEFINITION OF WILL
- It is an act
- whereby a person is permitted
- with the formalities prescribed by law
- to control to a certain degree
- the disposition of his estate
- to take effect after his death
TESTAMENTARY CAPACITY:
1. All persons who are not expressly prohibited by law
2. 18 years old and above
3. Of sound mind, at the time of its execution
KINDS OF WILLS:
1. Notarial an ordinary or attested will
2. Holographic a handwritten will
COMMON REQUIREMENTS TO BOTH WILLS:
1.
In writing
2.
C I V I L L AW ( Succession)
REQUISITES FOR VALID NOTARIAL WILL:
1. In writing
2. In a language or dialect known to the testator
3. Subscribed at the end by the testator himself or by the testators name written by
some other person in his presence, and by his express direction
4. Attested & subscribed by three or more credible witnesses in the presence of the
testator and of one another
5. Each and every page, except the last, must be signed by the testator or by the
person requested by him to write his name, and by the instrumental witnesses of
the will, on the left margin
6. Each and every page of the will must be numbered correlatively in letters placed
on the upper part of each page
7. It must contain an attestation clause, stating the following:
a. The number of pages used upon which the will is written
b. The fact that the testator signed the will and every page, or caused some
other person to write his name, under his express direction, in the
presence of the instrumental witnesses
c. All the instrumental witnesses witnessed and signed the will and all its
pages in the presence of the testator and of one another
8. It must be acknowledged before a notary public by the testator and the witnesses
ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE DEAF OR
A DEAF-MUTE:
C I V I L L AW ( Succession)
a. Dispositions may be added below the signature, PROVIDED that said
dispositions are also dated and signed, and everything is written by the
hand of the testator himself
b. Certain dispositions or additional matter may be suppressed or inserted
PROVIDED that said cancellation is signed by the testator and written by
the hand of the testator himself
c. Through a codicil which may either be notarial or holographic
EFFECT OF INSERTION ON THE VALIDITY OF A HOLOGRAPHIC WILL: (Tolentino)
1. If made after the execution of the will, but without the consent of the testator,
such insertion is considered as not written because the validity of the will cannot
be defeated by the malice or caprice of a third person
2. If the insertion after the execution of the will was with the consent of the testator,
the will remains valid but the insertion is void
3. If the insertion after the execution is validated by the testator by his signature
thereon, then the insertion becomes part of the will, and the entire will becomes
void, because of failure to comply with the requirement that it must be wholly
written by the testator
4. If the insertion made by a third person is made contemporaneous to the
execution of the will, then the will is void because it is not written entirely by the
testator
QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL:
1. Of sound mind
2. Of the age of 18 years or more
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines
6. Have not been convicted of falsification of a document, perjury or false testimony
DEFINITION OF A CODICIL:
-
C I V I L L AW ( Succession)
REVOKING A WILL:
1. By implication of law
2. By the execution of a will, codicil or other writing executed as provided in case of
wills
3. By burning, tearing, canceling, or obliterating the will with the intention of
revoking it, by the testator himself, or by some other person in his presence, and
by his express direction
GROUNDS FOR DISALLOWANCE OF A WILL:
1. If the formalities required by law have not been complied with
2. If the testator was insane, or otherwise mentally incapable of making a will, at the
time of its execution
3. If it was executed through force or under duress, or the influence of fear, or
threats
4. If it was procured by undue and improper pressure and influence, on the part of
the beneficiary or of some other person
5. If the signature of the testator was procured by fraud
6. If the testator acted by mistake or did not intend that the instrument should be his
will at the time of affixing his signature thereto
DEFINITION OF INSTITUTION OF HEIR:
It is an act by virtue of which a testator designates in his will
the person or persons who are to succeed him in his property and
transmissible
rights and obligations
REQUISITES FOR A VALID INSTITUTION OF HEIR:
1. Designation in will of person/s to succeed
2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
THREE PRINCIPLES IN THE INSTITUTION OF HEIRS:
1. Equality heirs who are instituted without a designation of shares inherit in
equal parts
2. Individuality heirs collectively instituted are deemed individually named unless
a contrary intent is proven
3. Simultaneity when several heirs are instituted, they are instituted
simultaneously and not successively
C I V I L L AW ( Succession)
CLASSES IF SUBSTITUTION:
1.
Vulgar or Simple the testator may designate one or
more persons to substitute the heir or heirs instituted in case such heir or heirs
should
a. die before him (PREDECEASE)
b. should not wish, (RENOUNCE) or
c. should be incapacitated to accept the inheritance (INCAPACITATED)
i.
ii.
C I V I L L AW ( Succession)
one substitute, they shall have the same share in the substitution as in
the institution
2. Fideicommissary Substitution - if the testator institutes an heir with an
obligation to deliver to another the property so inherited. The heir instituted to such
condition is called the first heir or fiduciary heir, the one to receive the property is the
fideicommissary or second heir
REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION:
1. A fiduciary or first heir instituted entrusted with the obligation to preserve and to
transmit to a fideicommissary substitute or second heir the whole or part of the
inheritance
2. Such substitution must not go beyond one degree from the heir originally
instituted
3. The fiduciary or first heir and the second heir are living at the time of the death of
the testator
4. The fideicommissary substitution must be expressly made
5. The fideicommissary substitution is imposed on the free portion of the estate and
never on the legitime
DEFINITION OF LEGITIME:
-
C I V I L L AW ( Succession)
Legitimate
children alone
1 legitimate child
surviving spouse
Legitimate
children
Surviving spouse
LEGITIMATE
CHILDREN &
DESCENDANTS
SURVIVING
ILLEGITIMATE
SPOUSE
CHILDREN
(divided
by the # of
children)
(divided
by no. of
children)
Same as the
share @
legit child
1 legitimate child
surviving spouse
illegitimate
children
(preferred)
of the
share of @
legit child
2 or more
legitimate
children
surviving spouse
Illegitimate
children
(divided
by no. of
children)
Same as the
share of @
legit child
of the
share of @
legit child
PARENTS
of the
share of @
legit child
Legitimate
parents
Surviving spouse
Illegitimate
children
Illegitimate
children alone
1/8
Illegitimate
children
Surviving spouse
Surviving spouse
alone
1/3
Illegitimate
parents alone
ILLEGITIMATE
ASCENDANTS
Legitimate
children
Illegitimate
children
Legitimate
parents alone
Legitimate
parents
Illegitimate
children
Legitimate
parents and
Surviving spouse
LEGITIMATE
PARENTS &
(divided
by no. of
children)
1/3 (divided
by no. of
children)
or 1/3 if
marriage in
articulo
mortis
C I V I L L AW ( Succession)
Illegitimate
parents
Surviving spouse
REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME:
1. If the impairment is total, then there may be preterition if the compulsory heir
preterited is either an ascendant or descendant. Article 854 would come into play
(annulment of institution of heir and reduction of devises and legacies)
2. If the impairment is partial, then the compulsory heir is entitled to completion of
legitime under Article 906
3. If the impairment is thru donation, then remedy is collation.
CONCEPT OF RESERVA TRONCAL
-
any property which the latter may have acquired by gratuitous title
for the benefit of relatives who are within the third degree
and who belong to the line from which said property came
REQUISITES (as provided in Chua v. CFI [1977] & reiterated in Gonzales v. CFI [1981])
1) that the property was acquired by a descendant from an ascendant or from a
brother or sister by gratuitous title
2) that said descendant died without an issue
3) that the property is inherited by another ascendant by operation of law
4) that there are relatives within the 3rd degree belonging to the line from which said
property came
DEFINITION OF DISINHERITANCE
PRETERITION
Tacit deprivation of legitime
Always voluntary
C I V I L L AW ( Succession)
CHILDREN/
PARENTS/
SPOUSE
UNWORTHINESS
DESCENDANTS
*
ASCENDANTS
2 Accused
testator/decedent
of crime punishable
by imprisonment of
more than 6 years,
found groundless,
false
3 Causes
testator/decedent
to make will or
change one by
fraud, violence,
intimidation, or
undue influence
4 Unjustified refusal
to support testator
5 Convicted of
adultery or
concubinage with
spouse of
testator/decedent
6 Maltreatment of
testator by word
and deed
7 Leading a
dishonorable or
disgraceful life
DISINHERITANCE
1 Guilty/convicted of
attempt against life
of testator/spouse/
ascendant/descend
ant
C I V I L L AW ( Succession)
8 Conviction of crime
which carries
penalty of civil
interdiction
9 Abandonment of
children or inducing
children to live
corrupt and
immoral life or
attempted against
virtue
10 Loss of parental
authority
11 Attempt by one
parent against life
of the other
UNLESS there is
reconciliation
between parents
12 Spouses given
cause for legal
separation
13 Failure to report
violent death of
decedent within
one month, unless
authorities have
already taken
action
14 Force, violence,
intimidation or
undue influence to
prevent another
from making a will
or revoking one
already made or
who supplants or
alters the latters
will
15 Falsifies or forges a
supposed will of the
decedent
10
C I V I L L AW ( Succession)
1. Substitution
2. Representation
3. Accretion
ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL
LEGACIES AND DEVICES:
1. Remuneratory legacies or devises
2. Legacies or devises declared by the testator to be preferential
3. Legacies for Support
4. Legacies for Education
5. Legacies or devises of a specific, determinate thing which forms a part of the
estate
6. All others pro-rata
UNDERLYING
PRINCIPLES
IN
LEGAL
OR
INTESTATE
1. Rule of Proximity the relative nearest in degree excludes the farther one
2. Rule of Equal Division the relatives who are in the same degree shall inherit
in equal shares
DEFINITION OF RIGHT OF REPRESENTATION:
-
11
C I V I L L AW ( Succession)
ORDER OF LEGAL OR INTESTATE SUCCESSION:
LEGITIMATE CHILD
1 Legitimate child and
legitimate descendants
ILLEGITIMATE CHILD
legitimate child and
legitimate descendants
ADOPTED CHILD
legitimate child and
legitimate descendants
illegitimate parents
4 Surviving spouse
surviving spouse
legitimate or illegitimate
parents and legitimate
ascendants, adoptive
parents
surviving spouse
5 Legitimate siblings,
nephews, nieces
illegitimate siblings,
nephews, nieces
6 Legitimate collateral
relatives
State
State
7 State
CONCURRENCE IN LEGAL OR INTESTATE SUCCESSION
INTESTATE HEIR
Legitimate children
and Legitimate
descendants
EXCLUDES
Ascendants,
collaterals and state
EXCLUDED BY
No one
CONCURS WITH
Surviving spouse
Illegitimate children
Illegitimate children
and Descendants
Illegitimate parents,
collaterals and state
No one
Legitimate parents
and legitimate
ascendants
Legitimate children
Surviving spouse
Legitimate children
and legitimate
parents
Illegitimate children
and surviving
spouse
Illegitimate parents
Surviving spouse
Surviving spouse
Collaterals other
than siblings,
nephews and nieces
Legitimate children
and illegitimate
children
No one
Siblings, nephews
nieces
Legitimate children,
illegitimate children,
Legitimate parents
and illegitimate
parents
Surviving spouse
Other collaterals
within 5th degree
Collateral remoter in
degree and state
Legitimate children
Illegitimate children
Legitimate parents
Illegitimate parents
and
Surviving spouse
Collaterals in the
same degree
Legitimate children
Illegitimate children
Legitimate parents
and Illegitimate
parents
12
C I V I L L AW ( Succession)
State
No one
Everyone
A MORE DETAILED SUMMARY OF INTESTATE SHARES:
No one
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
1
Legitimate children
TOTAL
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
Legitimate child
Surviving spouse
TOTAL
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Remaining portion of
estate after paying
legitimes
TOTAL INTESTATE
SHARE
Whole estate divided
equally between total
number of children
plus the surviving
spouse
Legitimate children
Surviving spouse
Same as share of @
legitimate child
Legitimes to be
divided equally
between total no. of
children plus the
surviving spouse
TOTAL
Varies on no. of
children
Varies on no. of
children
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate children
Illegitimate children
share of @
legitimate child
Legitimes to be
divided by the ratio
of 2 for @ legitimate
child, 1 for @
illegitimate child
TOTAL
Varies on no. of
children
Varies on no. of
children
TOTAL INTESTATE
SHARE
13
C I V I L L AW ( Succession)
5. ONE LEGITIMATE CHILD, ILLEGITIMATE CHILD, AND SURVIVING SPOUSE
INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Remaining portion of
estate after paying
legitimes to be
divided by the ratio
of 2:1 for @
legitimate child and
@ illegitimate child,
respectively
TOTAL INTESTATE
SHARE
Whole estate divided
by the ratio of 2 @
legitimate child
Legitimate child
Illegitimate child
share of @
legitimate child
1 for @ illegitimate
child (see above)
1 for @ illegitimate
child
Surviving spouse
Same share as a
legitimate child
Legitimes wouldnt
be impaired
TOTAL
Varies depending on
no. of illegitimate
children
Varies depending on
no. of illegitimate
children
SHARE AS LEGITIME
Legitimate children
Illegitimate children
share of @ legit
child
1 for @ illegitimate
child (see above)
1 for @ illegitimate
child (see above)
Surviving spouse
Same share as a
legitimate child,
provided legitimes
are not impaired
Same share as a
legitimate child,
provided legitimes
are not impaired
TOTAL
Varies depending on
no. of illegitimate
children
Varies depending on
no. of illegitimate
children
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
1
1
SHARE AS FREE
TOTAL INTESTATE
DISPOSAL
SHARE
Remaining portion of Whole estate divided
estate, if any after
by the ratio of 2:1 for
paying legitimes to
@ legitimate child
be divided by the
and illegitimate child
ratio of 2 for @
respectively
legitimate child
Illegitimate children
TOTAL INTESTATE
SHARE
14
C I V I L L AW ( Succession)
TOTAL
SHARE AS LEGITIME
Legitimate parents
Surviving spouse
TOTAL
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
SHARE AS LEGITIME
Legitimate parents
Surviving spouse
1/8
Illegitimate children
TOTAL
7/8
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
1/8
1/8
TOTAL INTESTATE
SHARE
1
1
SHARE AS LEGITIME
Illegitimate children
alone
TOTAL
SHARE AS FREE
DISPOSAL
SHARE AS LEGITIME
1/3
SHARE AS FREE
DISPOSAL
1/6
TOTAL INTESTATE
SHARE
Illegitimate children
Surviving spouse
1/3
1/6
TOTAL
2/3
1/3
INTESTATE HEIR
SHARE AS LEGITIME
Surviving spouse
or 1/3
SHARE AS FREE
DISPOSAL
or 1/3
TOTAL INTESTATE
SHARE
1
TOTAL
or 1/3
or 1/3
TOTAL INTESTATE
SHARE
1
1
SHARE AS LEGITIME
Illegitimate parents
SHARE AS FREE
DISPOSAL
TOTAL
15
C I V I L L AW ( Succession)
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
Illegitimate parents
Surviving spouse
TOTAL
TOTAL INTESTATE
SHARE
1
1
SHARE AS LEGITIME
Siblings, nephews,
nieces
TOTAL
SHARE AS FREE
DISPOSAL
SHARE AS LEGITIME
Surviving spouse
Siblings, nephews,
nieces
TOTAL
SHARE AS FREE
DISPOSAL
TOTAL INTESTATE
SHARE
DEFINITION OF ACCRETION:
-
16
C I V I L L AW ( Succession)
Legacy/Devise to
remove an
encumbrance over a
thing belonging to
testator (Article 932 par2)
17
C I V I L L AW ( Succession)
Legacy/Devise
of
a The encumbrance must be removed by paying the debt unless the
thing
pledged
or testator intended otherwise
mortgaged (Article 934)
CONCEPT OF COLLATION:
-
It is the act by virtue of which, the persons who concur in the inheritance bring
back to the common hereditary mass
the property which they have received from him,
so that a division may be effected according to law and the will of the testator.
CONCEPT OF PARTITION:
-
20 years
1 month
Must
signify
acceptance/repudiation
otherwise, deemed accepted
10 years
18