Title IV- SUCCESSION
CHAPTER 1-GENERAL
PROVISIONS
Define Succession
Succession is a mode of acquisition by virtue of
which the property, rights and obligations to the
extent of the value of the inheritance, of a person
are transmitted through his death to another or
others either by his will or by operation of law.
CHARACTERISTICS OF SUCCESSION:
1. Mode of acquisition
2. The property, rights & obligations to the
extent of the value of the inheritance
transmitted
3. The transmission takes place only by
virtue of death
4. The transmission takes place either by
will or by operation of law
5. The transmission to another
REQUISITES FOR TRANSMISSION OF RIGHT
TO SUCCESSION
1. Death of the decedent
2. Express will of the testator calling
succession and/or provision of law
prescribing successors
3. Rights or properties are transmissible
4. Transferee is still alive (didnt
predecease)
5. Transferee is capacitated to inherit
6. Acceptance of the inheritance by the
successor
Define Decedent
Decedent is the general term applied to the
person whose property is transmitted through
succession, whether or not he left a will.
Note: Testator - If he left a will
Intestate If he did not
Inheritance Inclusions
The inheritance includes
1. All the property, rights and obligations of
a person which are not extinguished by
his death.
2. Those which have accrued thereto since
the opening of the succession.
Kinds of Succession (TLM)
1. Testamentary - because it is based on a
last will and testament, which is the
orderly manifestation of the testators
will.
2. Legal - because it takes effect by operation
of law
3. Mixed - because it partakes of the
character of both testamentary and legal
succession. (Macrohon vs. Saavedra, 51
Phil. 267)
Define Heir
Heir - is a person called to the succession either
by the provision of a will or by operation of law.
Heir (By provision of a will)
1. Voluntary
2. Compulsory
Heir (By operation of law)
1. Legal or Intestate
Define Devisee
Devisees persons to whom gifts of REAL
PROPERTY are given by virtue of a will
Define Legatees
Legatees persons to whom gifts of PERSONAL
PROPERTY are given by virtue of a will
CHAPTER 2-TESTAMENTARY Validity of Wills
SUCCESSION Validity of wills consists of 2 parts: extrinsic and
SECTION 1. - Wills
intrinsic. Extrinsic validity refers to the forms
and solemnities prescribed by law. Intrinsic
Define Will validity refers to the legality of the will's
provisions.
A will is an act whereby a person is permitted,
with the formalities prescribed by law, to control Extrinsic Validity
to a certain degree the disposition of this estate,
to take effect after his death. 1. From the viewpoint of time: the laws in
force at the time the will was made.
Characteristics of Will
2. From the viewpoint of place/country:
1. It is a strictly personal act
2. It is an individual and unilateral act a. If the testator is a Filipino, he can observe
3. It is a free and voluntary act Philippine law or the law of the country
4. It is a formal and solemn act where he executes the will.
5. It is a disposition of property b. If the testator is a foreigner living abroad,
6. It is an act mortis causa he can follow the law of his domicile (the
7. It is ambulatory and revocable during the country he's permanently staying in,) the
testators lifetime (JURADO) law of his home country or Philippine law.
c. If the testator is a foreigner in the
NON-DELEGABILITY OF WILL -MAKING Philippines, he can either follow the law
of his home country or Philippine law.
Cannot Be Delegated to Can Be Entrusted to a
a Third Person Third Person Intrinsic Validity
1. Duration or 1. Distribution of
efficacy of specific 1. From the viewpoint of time: the law in
designation of property or force at the time of the testator's death
heirs, legatees, or sums of money governs succession rights.
devisees. that the 2. From the viewpoint of place/country: the
2. Determination of testator may national law of the testator governs,
the portions leave in regardless of the place the will was
which the heirs general to executed or where the testator died.
are to receive specified
when referred to classes or The Civil Code says that the law in force at the
by name. causes time the will was made governs its form.
3. Determination as 2. Designation of
to whether or not the persons, Testamentary Capacity
a disposition is to institutions or
be operative. establishments
(Art. 785) to which such 1. All persons not expressly prohibited by
property or law
sums are to be 2. Of Legal age
given or 3. Sound mind
applied. (Art.
786) Construction of the Provisions of Will
In case of doubt that interpretation by which the NOTARIAL WILLS
disposition is to be operative shall be preferred.
Formalities in the execution of a notarial will
The intention and desires of the testator if clearly
expressed in the will, constitute the fixed law of 1. In Writing;
its interpretation. (Vda. de Villanueva v. Juico, L- 2. Executed in a language or dialect known
16737, Feb. 28, 1962). to the testator;
3. Subscribed by the testator himself or by
Kinds of Ambiguity under Article 789 the testators name written by some other
Kinds (a) Latent or (b) Patent or person in his presence and under his
intrinsic extrinsic express direction at the end thereof, at the
ambiguity ambiguity presence of witnesses;
upon the face 4. Attested to and subscribed by at least 3
of the will. credible witnesses in the presence of the
testator and of one another;
Remedies 1) Examining 1) Examining 5. Each and every Page must be signed by
the will itself the will itself the testator or by the person requested by
2) Examining 2) Examining
him to write his name, and by
extrinsic extrinsic
evidence such evidence such instrumental witnesses in the presence of
as written as written each other, on the left margin;
declarations of declarations of 6. Each and every page of the will must be
the testator the testator Numbered correlatively in letters placed
(Paras) (Paras) on the upper part of each page;
7. Must contain an Attestation clause, stating
the following:
Rule on After Acquired Properties a. The number of pages of the will
b. Fact that the testator signed the
General Rule: Only those properties already
will and every page in the presence
possessed and owned by the testator at the time
of witnesses, or caused some other
the will was made
person to write his name under his
Exception: Property acquired after the making of express direction, c. All witnesses
a will shall only pass thereby, as if the testator signed the will and every page
had possessed it at the time of making the will, thereof in the presence of the
should it expressly appear by the will that such testator and of one another;
was his intention. 8. Must be acknowledged before a Notary
public.
Kinds of Wills:
Additional Requirements if the testator is
a. Notarial will deaf or mute
b. Holographic will
a. If the testator is able to read, he
Note: Requirements that are common to the 2 must personally read the will
kinds of wills b. If the testator is unable to read, he
must designate two persons to
1. In writing
2. In a language or dialect known to the read it and communicate to him, in
testator some practicable manner, the
contents thereof. (Art. 807; see
 Rabuya, Civil Law Reviewer, p.
559)
Additional requirements if the testator is
blind
a. The will shall be read to him twice
b. Once by one of the subscribing
witnesses
c. Once by the notary public before
whom the will is acknowledged.
HOLOGRAPHIC WILLS
Formalities required in the execution of
holographic will
1. Signed by testator himself
2. Executed in a language or dialect known
to him (Art. 804)
3. Entirely written
4. Dated;
Note: In case of any insertion, cancellation,
erasure or alteration in a holographic will, the
testator must authenticate the same by his full
signature. (Art. 814)
Effects of insertions or interpolations made
by a 3rd person
General Rule: When a number of erasures,
corrections, cancellation, or insertions are made
by the testator in the will but the same have not
been noted or authenticated with his full
signature, only the particular words erased,
corrected, altered will be invalidated, not the
entirety of the will.
Exception:
1. Where the change affects the essence of
the will of the testator; Note: When the
holographic will had only one substantial
provision, which was altered by
substituting the original heir with
another, and the same did not carry the
requisite full signature of the testator, the
entirety of the will is voided or revoked.
2. Where the alteration affects the date of
the will or the signature of the testator.
3. If the words written by a 3rd person were
contemporaneous with the execution of
the will, even though authenticated by the
testator, the entire will is void for
violation of the requisite that the
holographic will must be entirely in the
testators handwriting.
Amendment of Wills
1. Notarial will can only be amended
through a codicil
2. 2. Holographic will can be amended in 3
ways:
a. Dispositions may be added below the
signature, PROVIDED that said
dispositions are also dated & signed &
everything is written by the hand of
the testator himself
b. Certain dispositions or additional
matter may be suppressed or inserted
PROVIDED that sad cancellation is
signed by the testator & is written by
the testator himself (no need to be
detailed)
c. Executing a codicil which may either
be notarial or holographic
Witnesses to Wills
Qualifications of witnesses
1. Of Sound mind
2. At least 18 years of age
3. Able to read and write
4. Not Blind, deaf or dumb
5. Not have been Convicted by final
judgment of falsification of a document,
perjury or false testimony
6. Domiciled in the Philippines
Beneficial Interest of A Witness
Beneficial interest in a notarial will does not
disqualify one as a subscribing witness, but it
may, or may not nullify the devise or legacy given
to the said witness. A witness who attests the
execution of a will, and to whom, or to whose
spouse, parent or child, or anyone claiming the
right of said witness, spouse, parent or child, a
devise or legacy given, shall be void, unless there
are 3 other competent witnesses to such will.
(Art. 823 NCC)
Codicils and Incorporation by Reference
Define Codicil
A codicil is supplement or addition to a will,
made after the execution of a will and annexed to
be taken as a part thereof, by which disposition
made in the original will is explained, added to,
or altered. (n)
Note: A codicil is executed after the execution of
a prior will. It must be executed in accordance
with all the formalities required in executing a
will
Concept of Incorporation by Reference
In regard to wills, the doctrine of incorporation
by reference means that unattested papers
(papers not present when the will was executed)
can still be regarded as part of the will by
incorporation. A writing that is not valid as a will
but is in existence when a will is executed may be
incorporated by reference into the will if the will
manifests an intent to incorporate the writing
and the writing to be incorporated is identified
with reasonable certainty.
Requisites of incorporation by reference
a. The document or paper referred to
in the will must be in existence at
the time of the execution of the will
b. The will must clearly describe and
identify the same, stating among
other things the number of pages
thereof
c. It must be identified by clear and
satisfactory proof as the document
or paper referred to therein
d. It must be signed by the testator
and the witnesses on each and
every page, except in case of
voluminous books of account or
inventories
Revocation of Wills and Testamentary
Dispositions
When a testator may revoke his will?
A will may be revoked by the testator at any time
before his death.
Note: Any waiver or restriction of this right is
void.
Rules in Revocation as to Place
a. Outside the Philippines
A revocation done outside the Philippines, by a
person who does not have his domicile in this
country, is valid when it is done according to the
law of the place where the will was made, or
according to the law of the place in which the
testator had his domicile at the time;
b. In the Philippines
If the revocation takes place in this country,
when it is in accordance with the provisions of
this Code.
Modes of revocation of a will
a. By implication of law; or
b. By some will, codicil, or other
writing executed as provided in
case of wills; or
c. By burning, tearing, cancelling, 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. If burned, torn,
cancelled, or obliterated by some
other person, without the express
direction of the testator, the will
may still be established, and the
estate distributed in accordance
therewith, if its contents, and due
execution, and the fact of its
unauthorized destruction,
cancellation, or obliteration are
established according to the Rules
of Court.
Revocation made in a subsequent will
A revocation made in a subsequent will shall take
effect, even if the new will should become
inoperative by reason of the incapacity of the
heirs, devisees or legatees designated therein, or
by their renunciation
Note: If the revoking will is both invalid and
ineffective, it is clear that there can be no
revocation.
Rule on recognition of an illegitimate child
The recognition of an illegitimate child does not
lose its legal effect, even though the will wherein
it was made should be revoked.
Republication and Revival of Wills
Art. 835. The testator cannot republish,
without reproducing in a subsequent will,
the dispositions contained in a previous
one which is void as to its form.
Art. 836. The execution of a codicil
referring to a previous will has the effect
of republishing the will as modified by the
codicil.
Art. 837. If after making a will, the
testator makes a second will expressly
revoking the first, the revocation of the
second will does not revive the first will,
which can be revived only by another will
or codicil.
Define Republication
The act or an instance of publishing again or
anew or reestablishment of the validity of a
previously revoked will by repeating the
formalities of execution or by using a codicil.
Mode of republication
a. re-execution of the original will
b. execution of a codicil
When may a testator republish?
The testator cannot republish, without
reproducing in a subsequent will, the
dispositions contained in a previous one which is
void as to its form.
Allowance and Disallowance of Wills
Define Probate
It is a special proceeding mandatorily required
for the purpose of establishing the validity of a
will.
No will shall pass either real or personal
property unless it is proved and allowed in
accordance with the Rules of Court. (Art. 838)
Note: Probate does not deal with the intrinsic
validity of the testamentary provisions. Even if
only one heir has been instituted, there must still
be a judicial order of adjudication. Even if a will
has already been probated, if later on a
subsequent will is discovered, the latter may still
be presented for probate, as long as two wills can
be reconciled.
Does prescription apply to probate of wills?
The statute of limitations is not applicable to
probate of wills (Imprescriptibility of Probate)
Characteristics of a probate proceeding
a. Special proceeding
b. Proceeding in rem
c. Not contentious litigation
d. Mandatory
 e. Imprescriptible
What rule shall govern for the allowance of
will?
Article 838 which provides that no will shall pass
either real or personal property unless it is
proved and allowed in accordance with the Rules
of Court and Rule 76 of the Revised Rules of
Court.
Effect of the execution of a codicil referring to
a previous will
It has the effect of republishing the will as
modified by the codicil.
Grounds for the disallowance of a will
a. If the formalities required by law
have not been complied with;
b. If the testator was insane, or
otherwise mentally incapable of
making a will, at the time of its
execution;
c. If it was executed through force or
under duress, or the influence of
fear, or threats;
d. If it was procured by undue and
improper pressure and influence,
on the part of the beneficiary or of
some other person;
e. If the signature of the testator was
procured by fraud;
f. If the testator acted by mistake or
did not intend that the instrument
he signed should be his will at the
time of affixing his signature
thereto.
Institution of Heir
Define Institution of heir
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
Principles in the institution of heirs:
1. Equality: heirs who are instructed
without a designation of shares inherit in
equal parts
2. Individuality: heirs collectively instituted
are deemed individually named unless
contrary intent is proven
3. Simultaneity: when several heirs are
instituted, they are instituted
simultaneously & not successively
Rules regarding a persons right to dispose of
his estate:
1. If one has no compulsory heirs:
a. He can give his estate to any
person qualified to inherit under
him
b. However, he must respect
restrictions imposed by special
laws
2. If one has compulsory heirs:
a. He can give only the disposable
portion to strangers
b. Legitimes of compulsory heirs
must be respected
Define preterition
Preterition is the omission in testators will of
one, some or all of the compulsory heirs in the
direct line, whether living at the time of
execution of the will or born after the death of
the testator.
Define born after the death of the testator They are entitled not only to their shares of the
legitime but also to those of the free portion
It simply means that the omitted heir must
which was not expressly disposed of by the
already be conceived at the time of death of the
testator by way of devises and legacies.
testator but was born only after the death of the
testator.

Requisites of preterition Substitution of Heirs

1. There is a total omission in the

inheritance;
2. The person omitted is a compulsory heir
in the direct line;
3. The omitted compulsory heir must
survive the testator, or in case the
compulsory heir predeceased the testator,
there is a right of representation;
4. Nothing must have been received by the
heir by gratuitous title.
Effects of preterition
1. Preterition annuls the institution of heirs;
2. Devices and legacies are valid insofar as
they are not inofficious;
3. If the omitted compulsory heir dies before
testator, institution shall be effectual,
without prejudice to right of
representation
Effect of preterition on the will itself
General Rule: The effect of annulling the
institution of heirs will be, necessarily, the
opening of a total intestacy except that proper
legacies and devises must be respected. Here, the
will is not abrogated.
Exception: If the will contains a universal
institution of heirs to the entire inheritance of
the testator, the will is totally abrogated.
Reason: The nullification of such institution of
the universal heirs without any other
testamentary disposition in the will amounts to a
declaration that nothing at all was written.
Rights of the Preterited Heirs
Define Substition of Heirs
Substitution is the appointment of another heir
so that he may enter into the inheritance in
default of the heir originally instituted.
Kinds of Substitution of Heirs
1. Simple or common
2. Brief or compendious
3. Reciprocal
4. Fideicommissary
Define fideicommissary substitution
Also known as indirect substitution, it is a
substitution by virtue of which the fiduciary or
first heir instituted is entrusted with the
obligation to preserve and transmit to a second
heir the whole or part of the inheritance.
Note: For its validity and effectivity, such
substitution does not go beyond one degree from
the heir originally substituted and provided
further, that the fiduciary or first heir and the
second heir are living at the time of death of the
testator.
Conditions for a valid fideicommissary
substitution
1. That the institution does not go beyond
one degree from the heir originally
instituted;
2. That the substitution be expressly made;
3. That both the fiduciary and beneficiary be
living at the time of the testators death;
 4. That it should be imposed on the free
portion and not on the legitime.
Elements/Requisites of fideicommissary
substitution
1. There must be a first heir or fiduciary;
2. An absolute obligation is imposed upon
the fiduciary to preserve and to transmit
to a second heir the property at a given
time;
3. There is a second heir who must be one
degree from the first heir;
4. The first and second heir must both be
living and qualified at the time of the
death of the testator.
Effect if the fideicommissary predeceases the
fiduciary
If the fideicommissary predeceases the fiduciary,
but survives the testator, his rights pass to his
own heirs.
Effect of the nullity of the fideicommissary
substitution
The nullity of the fideicommissary substitution
does not prejudice the validity of the institution
of the heirs first designated; the fideicommissary
clause shall simply be considered as not written.
Conditional Testamentary Dispositions
and Testamentary Dispositions With a Term
What should be done by the instituted heirs or
legal heirs so that they can enjoy possession of
the property if the disposition is subject to a
term?
It depends if the disposition is subject to a:
1. Suspensive term The legal heirs can enjoy
possession of the property until the expiration of
the period but they must put up a bond (caucion
muciana) in order to protect the right of the
instituted heir.
2. Resolutory term The legal heirs can enjoy
possession of the property but when the term
arrives, he must give it to the legal heirs. The
instituted heir does not have to file a bond.
Legitime
Define Legitime
Article 886 of the Civil Code defines a legitime as
that part of the testators property which he
cannot dispose of because the law has reserved it
for certain heirs who are, therefore, called
compulsory heirs. The legitime is basically
inheritance which a compulsory heir receives.
Philippine law on succession provides for
compulsory heirs and legitime. This means that
certain persons are mandated by law to be the
heirs of the decedent and are entitled to a
specific portion of his estate.
Compulsory Heirs
1. Legitimate children and descendants,
with respect to their legitimate parents
and ascendants
2. In default of the foregoing, legitimate
parents and ascendants, with respect to
their legitimate children and descendants
3. The widow or widower
4. Acknowledged natural children, and
natural children by legal fiction
5. Other illegitimate children referred to in
Article 287
Compulsory heirs mentioned in Nos. 3, 4, and 5
are not excluded by those in Nos. 1 and 2; neither
do they exclude one another.
In all cases of illegitimate children, their filiation
must be duly proved.
The father or mother of illegitimate children of
the three classes mentioned, shall inherit from
them in the manner and to the extent established make a will - all
by this Code. will go to his
children upon
Note: In other words, where parents survive his death
with grandparents, only the parents will inherit.
Where only children survive with parents, the
Widower
children will inherit to the exclusion of parents.
Where the child predeceases both or one of the If he makes a will If he does not make a
parents, the children of the predeceased child will
will inherit his share in their grandparent.
If he had wanted, he Each child gets an
A compulsory heir can be deprived of his could have made a will equal share
legitime only if the decedent had made a will and giving only to his
expressly disinherited him for any of the grounds children and giving the
specifically provided by law. other 1/2 to anyone.

Rule When One Dies Single With No Parents

Rule if a man is survived by a wife and one
or Children
legitimate child
1. If he make a will he can give away by will
If he makes a will If he does not make a
his estate to anyone.
will
2. If he does not make a will, his brothers
and sisters, whether full or half blood, will
Child Child
inherit in equal shares. In the absence of Wife Wife
any sibling, succession goes to the next Free Portion
degree of living relatives such as
grandparents, aunts and uncles, cousins,
etc. with those nearest in degree Rule if a man is survived by a wife and
excluding the others. legitimate children

Legitime of a Child If he makes a will If he does not make a

will
It is one half of the estate of the deceased parent
Child Children and Wife
Without parent or If he had no spouse Wife share of a child Equal Share
spouse but with nor children, Free Portion
children legitimate or Remaining Balance
illegitimate, but his
parents survive him
1. If he make a The parents are If a man has a wife and no child with her, but
will - he can entitled to the whole has illegitimate children
make a will estate and each parent
giving 1/2 to gets half. He can make a Wife 1/3
his children and will, however, limiting Illegitimate Children 1/3
the other half to his parents to their Free portion 1/3
charity or he legitime of one-fourth
can give all of it each while giving the
to his child. other half to anyone. If a man has no wife, but has illegitimate and
2. If he does not legitimate children
 If he makes a will If he does not make a of law for the benefit of relatives who are within
will the third degree and who belong to the line from
Legitimate Ratio: 1:2 which said property came.
Illegitimate 1 for Illegitimate
Free Portion 2 for Legitmate Purpose:

To prevent persons who are outsiders to the

If a man has wife, but has illegitimate and family from acquiring, by chance or accident,
legitimate children property which otherwise would have remained
with the said family. In short, to put back the
If he makes a will If he does not make a
will property to the line from which it originally
Legitimate Legitmate Children came.
Spouse share of Spouse share of
Note: Other terms used to refer to reserva
legitimate child legitimate child
Illegitimate of the Illegitimate Chilren troncal:
share of legitimate of the share of
child legitimate child 1. Lineal
Free Portion Remaining balance if 2. Familiar
remaining balance any will be divided 3. Extraordinaria
following the formula 4. Semi--troncal
above 5. Pseudo--troncal

Requisites that must exist in order that a

Remedy of compulsory heir in case of property may be impressed with a reservable
impairment of legitime: character

1. If the impairment is total them there may
be preterition if the compulsory heir
preterited is either an ascendant or
descendant. Article 854 would come into
play (annulment of institution of heir and
reduction of devises and legacies)
2. If the impairment is partial, then the
compulsory heirs is entitled to
completion of legitime under Article 906
3. If the impairment is thru donation, then
remedy is collation.
Reserva Troncal
The ascendant who inherits from his descendant
any property which the latter may have acquired
by gratuitous title from another ascendant, or a
brother or sister, is obliged to reserve such
property as he may have acquired by operation
1. That the property was acquired by a
descendant (called praepositus or
propositus) from an ascendant or from a
brother or sister by gratuitous title when
the recipient does not give anything in
return;
2. That said descendant (praepositus) died
without an issue;
3. That the same property (called reserva)
is inherited by another ascendant (called
reservista) by operation of law (either
through intestate or compulsory
succession) from the praepositus; and
4. That there are living relatives within the
third degree counted from the
praepositus and belonging to the same
line from where the property originally
came (called reservatarios). (Art. 891;
Chua v. CFI of Negros Occidental, Branch
V, 78 SCRA 412; Rabuya, Civil Law
Reviewer, pp. 634--635)
It is required that the reservista own the Further, the New Civil Code has made mention of
reservable property? disinheritance in this article:

The reservista is an absolute or full owner, Consequence of disinheritance

subject to a resolutory condition. If the
A compulsory heir may, in consequence of
resolutory condition is fulfilled, the reservistas
disinheritance, be deprived of his legitime, for
ownership of the property is terminated.
causes expressly stated by law.
Resolutory condition: If at the time of the
Grounds for disinheritance of children and
reservistas death, there should still exist
descendants, legitimate as well as
relatives within the third degree (reservatarios)
illegitimate:
of the propositus and belonging to the line from
which the property came. 1. When a child or descendant has been
found guilty of an attempt against the life
Note: The reservable property is not part of the
of the testator, his or her spouse,
estate of the reservista.
descendants, or ascendants
Time when the reservatario acquire the right
over the reservable property Note: There should be a final judgment of
conviction by a court of justice of the guilt
Upon the death of the reservista, the reservatario of the descendant which however, may
nearest the decedent propositus becomes, come before or after the execution of the
automatically and by operation of law, the will and the guilt must be established.
absolute owner of the reservable property. (Cano
v. Director of Lands) 2. When a child or descendant has accused
the testator of a crime for which the law
Right of Representation in Reserva Troncal prescribes imprisonment for six years or
more, if the accusation has been found
There is representation in reserva troncal, but
groundless
the representative must also be within the third
degree from the propositus. (Florentino v. Note: The act of accusing as understood in
Florentino) this paragraph may include the institution
Disinheritance of a criminal action, or even the mere
statement of the heir as a witness in a
Define Disinheritance case against the testator, a statement
where said heir affirms or corroborates
Disinheritance is an act by which an owner of an the accusation.
estate deprives a person who would otherwise
be his heir, or the right to inherit it. It can be 3. When a child or descendant has been
effected only through a will wherein the legal convicted of adultery or concubinage with
cause shall be specified. The cause must be one the spouse of the testator
authorized or enumerated by law. The burden of
Note: It is essential that there must be a
proving the truth of the cause of the
final judgment of conviction either in the
disinheritance shall rest upon the heirs of the
adultery case or in the concubinage case
testator, if the disinherited heir should deny it.
before this Article can be applied.
 4. When a child or descendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made
Note: No judicial demand is needed for
the law does not require this. Note that
when a judicial pronouncement is needed,
the law says so.
5. A refusal without justifiable cause to
support the parent or ascendant who
disinherits such child or descendant
6. Maltreatment of the testator by word or
deed, by the child or descendant
Note: Note that maltreatment by an
ascendant of a descendant does not
constitute a ground for the descendant to
disinherit the ascendant, for while it may
be an abuse, it is generally in the exercise
of a power. The reverse is however
repugnant to natural law, and is therefore
a ground for disinheritance.
7. When a child or descendant leads a
dishonorable or disgraceful life
Note: There need not be final judgment of
conviction.
8. Conviction of a crime which carries with it
the penalty of civil interdiction
Grounds for disinheritance of parents or
ascendants, whether legitimate or
illegitimate:
1. When the parents have abandoned their
children or induced their daughters to live
a corrupt or immoral life, or attempted
against their virtue
2. When the parent or ascendant has been
convicted of an attempt against the life of
the testator, his or her spouse,
descendants, or ascendants
3. When the parent or ascendant has
accused the testator of a crime for which
the law prescribes imprisonment for six
years or more, if the accusation has been
found to be false
4. When the parent or ascendant has been
convicted of adultery or concubinage with
the spouse of the testator
5. When the parent or ascendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made
6. The loss of parental authority for causes
specified in this Code
7. The refusal to support the children or
descendants without justifiable cause
8. An attempt by one of the parents against
the life of the other, unless there has been
a reconciliation between them.
9. Note: This does not apply when the
attempt is against the life of a person
other than the other parent. When a
father for instance attempts to kill his
own father-in-law, the son of the
offending father cannot disinherit him on
this ground.
Grounds for disinheritance of a spouse
1. When the spouse has been
convicted of an attempt against the
life of the testator, his or her
descendants, or ascendants
2. When the spouse has accused the
testator of a crime for which the
law prescribes imprisonment of six
years or more, and the accusation
has been found to be false;
3. When the spouse by fraud,
violence, intimidation, or undue
 influence cause the testator to
make a will or to change one
already made
4. When the spouse has given cause
for legal separation
5. When the spouse has given
grounds for the loss of parental
authority
6. Unjustifiable refusal to support the
children or the other spouse
Legacies and Devises
Define Legal or Intestate Succession
Legal or intestate succession is that which is
effected by operation of law in default of a will. It
is legal because it takes place by operation of
law; it is intestate because it takes place in the
absence or in default of a last will of the
decedent. (Jurado)
The following may be expressly charged by
the testator with the payment or delivery of a
legacy or devise: (Jurado)
1. Any compulsory heir
2. any voluntary heir
3. any legatee or devisee
4. the estate, represented by the executor or
administrator
Parties to a legacy or devise
1. The testator who orders or charges the
legacy;
2. The legatee or devisee who will receive
the legacy or devise;
3. The person obliged to deliver the legacy
or devise;
4. The administrator who may be appointed
by the testator in the will or by the court
shall be charged with the delivery of the
legacies and devises. (Mison)
Extent of liability of those persons required
to pay the legacies and devisees:
1. Compulsory heirs, their liability is
limited only to the portion of the free
disposal since his legitime cannot be
charged or burdened by the testator.
2. Voluntary heirs, their liability must not
exceed the amount he shall receive; and
as to another legatee or devisee, the
liability must not exceed the amount of
legacy or devise he shall receive. (Mison)
Legacy to Creditors
General rule: Legacy or devise made to a creditor
shall not be applied to his credit.
Exception: When the testator expressly declares
that the legacy or devise must be applied to the
credit.
Alternative Legacies or Devises
Choice is presumed to be left to the heir
upon whom the obligation to give the
legacy or devise may be imposed, or the
executor or administrator of the estate if
no particular heir is so obliged.
If the heir, legatee or devisee, who may
have been given the choice, dies before
making it, this right shall pass to the
respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises,
except as herein provided, the provisions
of the Civil Code regulating obligations of
the same kind shall be observed, save
such modifications as may appear from
the intention expressed by the testator.
Generic Legacies
A generic legacy refers to a legacy consisting of
personal property designated merely by its class
or genus without any particular designation or
physical segregation from all others of the same
class.
Generic Devises

A generic devise refers to a devise consisting of
real property designated merely by its class or
genus without any particular designation or
physical segregation from all others of the same
class.
Note: A legacy of generic personal property shall
be valid even if there be no things of the same
kind in the estate.
A devise of indeterminate real property shall be
valid only if there be immovable property of its
kind in the estate.
The right of choice shall belong to the executor
or administrator who shall comply with the
legacy by the delivery of a thing which is neither
of inferior nor of superior quality.
Distinguish Legacy of Credit from Legacy of
Remission
It is a legacy where the subject is an intangible
movable property. In a legacy of credit, the right
to collect the debt from another person is
bequeathed to the legatee; whereas, in a legacy of
remission, the right to collect the debt from the
legatee himself is extinguished by condonation.
The credits assigned or condoned are only those
existing at the time of death of the testator.
(Mison)
Order of payment of legacies and devises
a. Remuneratory legacies or devises;
b. Legacies or devises declared by the
testator to be preferential;
c. Legacies for support;
d. Legacies for education;
e. Legacies or devises of a specific,
determinate thing which forms a
part of the estate;
f. All others pro rata
Revocation by transformation
If the testator transforms the thing bequeathed
in such a manner that it does not retain both the
form and the denomination it had, there is an
implied revocation of the legacy or devise
(Jurado)
Revocation by alienation
If the testator by any title, whether by sale or any
other act of disposition inter vivos, alienates the
thing bequeathed or any part thereof, there is
also an implied revocation of the legacy or devise
(Jurado)
Revocation by loss or destruction
If the thing bequeathed is totally lost during the
lifetime of the testator or after his death without
the heirs fault, obviously, the legacy or devise
can no longer take effect (Jurado)
Formula for application of inheritance
The following are applied successively:
1. Institution of an heir (Bequest, in case of
legacies or devises)
2. Substitution, if proper
3. Representation, if applicable
4. Accretion, if applicable
5. Intestacy, if all of The above are not
applicable
Will which does not institute an heir
A will is valid even if it contains only a provision
for disinheritance or if only legacies and devises
are contained in the will.
Intestate heirs
1. Legitimate children or descendants
2. Illegitimate children or descendants
3. Legitimate parents or ascendants
4. Illegitimate parents
5. Surviving spouse
6. Brothers and sisters, nephews and nieces
7. Other collateral relatives up to the 5th
degree
8. The State
Right of Representation
Right created by fiction of law where the
representative is raised to the place and degree
of the person represented, and acquires the
rights which the latter would have if he were
living or could have inherited.
Effect of Representation
Whenever there is succession by representation,
the division of the estate shall be made per
stirpes, in such manner that the representative
or representatives shall not inherit more than
what the person they represent would inherit, if
he were living or could inherit. (Art. 974)
Time when representation arise
1. Death
2. Incapacity
3. Disinheritance
Unavailability of right or representation
1. As to compulsory heirs: In case of
repudiation, the one who repudiates his
inheritance cannot be represented. Their
own heirs inherit in their own right.
2. As to voluntary heirs:
Voluntary heirs, legatees and devisees
who:
a. Predecease the testator; or
b. Renounce the inheritance cannot
be represented by their own heirs,
with respect to their supposed
inheritance.
Note: Right of representation takes place only in
favor of children of brothers or sisters, whether
full or half blood and only if they concur with at
least one uncle or aunt. This rule applies only
when the decedent does not have descendants.
Rule of right of representation as to adopted
children
The right of representation cannot be invoked by
adopted children because they cannot represent
their adopting parents to the inheritance of the
latters parents.
Under R.A. 8552 or the Domestic Adoption Law,
the adopted child and the adopting parents have
reciprocal successional rights.
Rule on Equal Division of Lines
General Rule: Intestate heirs equal in degree
inherit in equal shares.
Exception:
a. In the ascending line, the rule of
division by line is to the
maternal line and to the
paternal line, and within each line,
the division is per capita.
b. In the collateral line, the full--
blood brothers/sisters will get
double that of the half-blood.
c. The division in representation,
where division is per stirpes the
representative divide only the
share pertaining to the person
represented.
Note: The share of an illegitimate child is of
the share of a legitimate one. Full blood brother
or sister is entitled to double the share of half
brother or sister (Art. 1006). Compulsory heirs
shall, in no case, inherit ab intesto less than their
legitime as provided in testamentary succession.
Iron Curtain Rule
Art. 992 of the Civil Code provides that
illegitimate children cannot inherit ab intestato
from the legitimate children and relatives of his
mother or father. Legitimate children and
relatives cannot inherit in the same way from the
illegitimate child.
Note: The iron curtain rule only applies in
intestate succession. There is a barrier
recognized by law between the legitimate
relatives and the illegitimate child so that one
cannot inherit from the other and vice-versa.
CHAPTER 3- LEGAL OR
INTESTATE SUCCESSION
Define Legal or intestate succession
Legal or intestate succession is that which is
effected by operation of law in default of a will. It
is legal because it takes place by operation of
law; it is intestate because it takes place in the
absence or in default of a last will of the
decedent. (Jurado, p. 377)
Formula for application of inheritance
The following are applied successively:
a. Institution of an heir (Bequest, in
case of legacies or devises)
b. Substitution, if proper
c. Representation, if applicable
d. Accretion, if applicable
e. Intestacy, if all of The above are not
applicable
Note: There can be a valid will even if it contains
only a provision for disinheritance or if only
legacies and devises are contained in the will.
Intestate heirs
a. Legitimate children or
descendants
b. Illegitimate children or
descendants
c. Legitimate parents or ascendants
d. Illegitimate parents
e. Surviving spouse
f. Brothers and sisters, nephews and
nieces
g. Other collateral relatives up to the
5th degree
h. The State
CHAPTER 4- PROVISIONS
COMMON TO TESTATE AND
INTESTATE SUCCESSIONS
Define Accretion
Accretion is a right by virtue of which, when two
or more persons are called to the same
inheritance, devise or legacy, the part assigned to
the one who renounces or cannot receive his
share, or who died before the testator, is added
or incorporated to that of his co-heirs, co-
devisees, or co-legatees.
Requisites in order that the right of accretion
may take place in a testamentary succession
1. That two or more persons be called to the
same inheritance, or to the same portion
thereof, pro indiviso; and
2. That one of the persons thus called die
before the testator, or renounce the
inheritance, or be incapacitated to receive
it.
Note: The words "one-half for each" or "in equal
shares" or any others which, though designating
an aliquot part, do not identify it by such
description as shall make each heir the exclusive
owner of determinate property, shall not exclude
the right of accretion.
In case of money or fungible goods, if the share of
each heir is not earmarked, there shall be a right
of accretion.
Instances that accretion may take place
1. Predecease
2. Incapacity
3. Repudiation
Availability of accretion in testamentary
succession
Accretion is available among the compulsory
heirs only when the free portion is left to two or
more of them, or to any of them or to a stranger.
With respect to the legitime repudiated, the
other co-heirs shall succeed it in their own right,
and not by right of accretion.
No Vacancy is Permitted
In testamentary succession, when the right of
accretion does not take place, the vacant portion
of the instituted heirs, if no substitute has been
designated, shall pass to the legal heirs of the
testator, who shall receive it with the same
charges and obligations.
To whom accretion may take place
Accretion shall also take place among devisees,
legatees and usufructuaries under the same
conditions established for heirs
Capacity to Succeed by Will of by Intestacy
Requisites in order that a person can inherit
either by will or by intestacy,
1. The heir, legatee or devisee must be living
or in existence at the moment the
succession opens
2. That such heir, legatee or devisee must
not be incapacitated by law to succeed
(Jurado)
Incapable of succeeding based on undue
influence or interest
1. The priest 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. The relatives of such priest or minister of
the gospel within the fourth degree, the
church, order, chapter, community,
organization, or institution to which such
priest or minister may belong
3. A guardian with respect to testamentary
dispositions given by a ward in his favor
before the final 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. Any attesting witness to the execution of a
will, the spouse, parents, or children, or
any one claiming under such witness,
spouse, parents, or children
5. Any physician, surgeon, nurse, health
officer or druggist who took care of the
testator during his last illness
6. Individuals, associations and corporations
not permitted by law to inherit
Incapable of succeeding based on undue
influence or interest based on morality or
public policy
1. Those made between persons who were
guilty of adultery or concubinage at the
time of the donation
2. Those made between persons found
guilty of the same criminal offense, in
consideration thereof
3. Those made to a public officer or his wife,
descedants and ascendants, by reason of
his office
Incapable of succeeding based on undue
influence or interest based on unworthiness
1. Parents 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, his
or her spouse, descendants, or ascendants
3. Any person who has accused the testator
of a crime for which the law prescribes
imprisonment for six years or more, if the
accusation has been found groundless
4. Any heir of full age who, having
knowledge of the violent death of the
testator, should fail to report it to an
officer of the law within a month, unless
the authorities have already taken action;
this prohibition shall not apply to cases
 wherein, according to law, there is no Acceptance or repudiation an inheritance
obligation to make an accusation requisites
5. Any person convicted of adultery or
concubinage with the spouse of the 1. Certain of the death
2. Certain of right to the inheritance.
testator
6. Any person who by fraud, violence,
Kinds of Acceptance
intimidation, or undue influence should
cause the testator to make a will or to 1. Express acceptance which must be
change one already made made in a public or private document
7. Any person who by the same means
prevents another from making a will, or 2. Tacit acceptance - is one resulting from
from revoking one already made, or who acts by which the intention to accept is
supplants, conceals, or alters the latter's necessarily implied, or which one would
have no right to do except in the capacity
will
of an heir
8. Any person who falsifies or forges a
supposed will of the decedent. Note: Acts of mere preservation or provisional
administration do not imply an acceptance of the
inheritance if, through such acts, the title or
Pardon of Acts of Unworthiness
capacity of an heir has not been assumed.
Only the decedent himself and no other can erase
Deemed acceptance of inheritance
the effects of such acts of unworthiness.
a. If the heirs sells, donates, or
assigns his right to a stranger, or to
his co-heirs, or to any of them
Kinds of Pardoning
b. If the heir renounces the same,
1. Express pardon - when the decedent
even though gratuitously, for the
condones the act of unworthiness in
benefit of one or more of his co-
writing.
heirs
2. Implied or tacit pardon - when the
testator, with knowledge of the act of
c. If he renounces it for a price in
unworthiness, executes a will instituting
favor of all his co-heirs
the person who has committed the
indiscriminately; but if this
offense as an heir.
renunciation should be gratuitous,
and the co-heirs in whose favor it
Acceptance and Repudiation of the
is made are those upon whom the
Inheritance
portion renounced should devolve
by virtue of accretion, the
Characteristics of acceptance or repudiation of
inheritance shall not be deemed as
the inheritance
accepted
1. Purely voluntary
2. Free
REPUDIATION
3. Irrevocable
Ways by which the repudiation of the
Effects of the acceptance or repudiation
inheritance, legacy or devise may be made
It shall always retroact to the moment of the 1. By means of a public instrument
death of the decedent
 2. By means of an authentic instrument
3. By means of a petition presented to the
court having jurisdiction over the
testamentary or intestate proceedings.
Effect of repudiation if an heir is both a
testate and legal heir
If an heir is both a testate and legal heir, the
repudiation of the inheritance as a testate heir,
he is understood to have repudiated in both
capacities. However, should he repudiate as a
legal heir, without knowledge of being a testate
heir, he may still accept the inheritance as a
testate heir.
Define Collation
It is the process of adding the value of thing
donated to the net value of hereditary estate. To
collate is to bring back or return to the
hereditary mass, in fact or fiction, property
which came from the estate of the decedent,
during his lifetime, but which the law considers
as an advance from the inheritance. Collation is
applicable to both donations to compulsory heirs
and donations to strangers.
General Rule: Compulsory heirs are obliged to
collate.
Exception:
1. When testator should have so expressly
provided
2. When compulsory heir repudiates his
inheritance
Properties that are to be collated
1. Any property/right received by gratuitous
title during testators lifetime
2. All that may have been received from
decedent during his lifetime
3. All that their parents have brought to
collation if alive
Properties not subject to collation
1. Absolutely no collation expenses for
support, education (elementary and
secondary only), medical attendance,
even in extra-ordinary illness,
apprenticeship, ordinary equipment or
customary gifts.
2. Generally not imputed to legitime:
a. Expenses incurred by parents in giving
their children professional, vocational, or
other career unless the parents so
provide, or unless they impair the
legitime.
b. Wedding gifts by parents and ascendants
consisting of jewelry, clothing and outfit
except when they exceed 1/10 of the sum
disposable by will.
Note: Only the value of the thing donated shall be
brought to collation. This value must be the value
of the thing at the time of the donation.
Partition Concept
Partition, in general, is the separation, division
and assignment of a thing held in common
among those to whom it may belong. The thing
itself may be divided, or its value.
Persons who may execute partition
1. By the decedent himself during his
lifetime by an act inter vivos or by will
2. By a third person designated by the
decedent or by the heirs themselves
3. By a competent court in accordance with
the New Rules of Court
Persons who can demand partition
1. Compulsary heir
2. Voluntary heir
3. Legatee or devisee
4. Person who has acquired an interest in
the estate
Partition cannot be demanded when:
 1. Expressly Prohibited by testator for a
period not more than 20 years
2. Co-heirs Agreed that estate not be divided
for period not more than 10 years,
renewable for another 10 yrs
3. Prohibited by law
4. To partition estate would render it
Unserviceable for use for which it was
intended
Effects of Partition

A partition legally made confers upon each heir

the exclusive ownership of the property
adjudicated to him.

After the partition has been made, the co-heirs

shall be reciprocally bound to warrant the title
to, and the quality of, each property adjudicated.

Effects of Inclusion of Intruder in Partition

1. Between a true heir and several mistaken

heirs Partition is VOID
2. Between several true heirs and a
mistaken heir transmission to mistaken
heir is VOID
3. Through error or mistake; share of true
heir is allotted to mistaken heir
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 mistaken

heir is VOID.