The Great Big Summary of Provisions Related to Succession

Chapter I: Concept of Succession

PROVISION CONCEPT EXPANSION
Succession
What: mode of acquisition of P, R & O to extent of value of inheritance
774
Definition and When transmission: death of decedent
Concept How: by will or operation of Law
Acquired and transmitted by law, donation, testate, intestate, tradition as consequence of
712
contracts, prescription.
775 Decedent = person whose property is transmitted, if left a will also called Testator
Heir = succeeds by law or will
782 Devisees = succeeds through will gifts of PERSONAL property
Legatees = succeeds through will gifts of REAL property
GR: the following may succeed through a will:
State
Provinces
Municipal corporations
Private corporations
Organizations
1026 Religious association
Scientific association
Cultural association
Subjects of
Educational association
Succession
Charitable association
All other corporations or entities
o E: presence of provision to contrary/subject to CHARTER/ LAW of creation
IF: testator disposes whole/part for prayers/pious works (benefit of soul) and:
In general terms
Application not specified
THEN: WITH COURT APPROVAL, executor shall deliver:
of it/of proceeds to church/denomination of testator
1029
o Use for PIOUS WORKS/PRAYERS only
of it/of proceeds to State
o Use for public schools/public charitable institutions only (see 1013)
o Personal: where testator last resided, if not, then where properties are
o Real: where properties are
776 "inheritance" = all P, R & O not extinguished by death
Words of a will (instrument) how construed:
791 to give effect to all provisions
Objects of
always prefer interpretation PREVENTING intestacy
Succession
1131 Just title is ALWAYS PROVED, NEVER PRESUMED
If testate/intestate heir VOLUNTARILY PAYS debt > value of property received = PAYMENT
1429
VALID and cannot be rescinded
777 Rights transmitted from MOMENT OF DEATH
If inheritance accepted:
Possession deemed transmitted without interruption to heir upon death of decedent.
533
If inheritance validly renounced:
Opening of Renouncer deemed to have NEVER POSSESSED it.
Succession GR: things with potential existence may be object of contract of sale, efficacy of sale is
1461 subject to condition that the thing will come into existence
E: if it is a VAIN hope/expectancy (this is void)
Donations by reason of marriage; giving in marriage settlements:
130
1/5 of present property
PROVISION CONCEPT EXPANSION
Extent laid down by provisions on testamentary succession and ONLY in the event
of death
GR: Donations by reason of marriage is NOT REVOCABLE
E:
(1) Conditional and condition not complied
(2) Marriage NOT celebrated
(3) Marriage without consent of parents/guardian as required
(4) Marriage is ANNULLED + donee in BAD FAITH
(5) Legal separation, donee is GUILTY
132 (6) Donee has committed ingratitude
a. Offense against person/honor/property of donor; or of wife/children under
authority
b. Donee imputes criminal offense to donor/act of moral turpitude even if
proven
i. E: Crime/act committed against DONEE/his wife/children under
authority
c. Unduly refuses support when donee legally/morally bound to do so
GR: presumption of death: absentee presumed dead after SEVEN YEARS
390 E: as regards succession = only dead after TEN YEARS/ if above 75, FIVE YEARS
This is important so you'll know when to open the succession of the person.
The following are ALWAYS presumed dead :
(1) Lost sea voyage/missing plane 4 YEARS MISSING
(2) Armed forces in war 4 YEARS MISSING
391 (3) Circumstances under danger of death 4 YEARS MISSING
a. For purposes of remarriage, 2 YEARS MISSING is enough if danger of
death
b. IF NOT, must be 4 YEARS
IF termination when:
Subsequent marriage and not enough years of absence
o ACP/CPG dissolved + liquidated
o But for spouse in bad faith, share will go to (in the following order):
Common children; if none then
Children of guilty spouse by previous marriage, if none, then
Innocent spouse
o GR: Donations by reason of marriage valid
E: Donee contracted marriage in BF shall be revoked by law
o Innocent spouse may revoke designation of BF spouse as insurance
beneficiary EVEN IF irrevocable
o BF spouse disqualified to inherit from innocent spouse by testate/intestate
Subsequent marriage and both in bad faith
FC 50
o Void ab initio
o Testamentary dispositions in favor of the other revoked by law
Declared ab initio (Article 40) or annulled by final judgement (Article 45)
o Aforementioned effects also apply when appropriate
o Final judgement shall provide for
LPD of properties
custody of children
delivery of children's presumptive legitimes
E: matters had been adjudicated in previous proceedings
o All creditors of spouses and of ACP/CPG be notified of L proceedings
o For P, conjugal dwelling + lot = adjudicated based on agreement by
parties or if no agreement:
To spouse with majority of common children remain
PROVISION CONCEPT EXPANSION
7 years old below assumed to choose mom, unless COURT
decides
If no majority, COURT DECIDES
For aforesaid P,
GR: value of common children's presumptive legitimes as of DATE OF FINAL JUDGEMENT,
shall be delivered in cash/property or sound securities
E: parties have provided for such, by mutual agreement approved by court
FC 51 Children/guardian/trustee of property may ask for enforcement of judgement
Delivery shall NOT prejudice successional rights of children acquired upon death of
parents.
However, value of properties already received under annulment/nullity shall be
considered as ADVANCES.
Definition of TESTAMENTARY succession = results from designation of heir through a will
779
(with correct form and execution by law)
When legal/intestate succession takes place:
(1) Person dies with:
a. no will
b. void will
c. will subsequently lost validity
(2) Will does not:
a. institute heir
960 b. dispose of all testator property
c. here, legal succession shall take place only to undisposed property
(3) suspensive condition to institution of heir does not happen/not fulfilled
(3a) heir dies before testator
(3b) heir repudiates inheritance
(3c) there being no substitution/ no right of accretion takes place
(4) heir instituted incapable of succeeding
a. E: cases provided in Code
780 Definition of MIXED succession = partly will + partly operation of law
Following may be objects of a contract:
Not outside commerce of man
Kinds of
Future things
1347 Succession
Rights not intransmissible
Only if EXPRESSLY AUTHORIZED BY LAW: future inheritance
Services not contrary to law, morals, good customs, public order, public policy
752 Donation cannot be more than what you can receive by will.
GR: partition by act inter vivos or will shall be RESPECTED
E: if it prejudices the legitime of compulsory heirs
1080
If parent (for family) wants to keep an enterprise intact assigned to one child, (agri, indus,
mfg) he can order that the legitime of the other children be in cash
If future spouses agree not ACP, cannot donate more than 1/5 of present property in
FC 84 marriage settlements. Excess is void.
Donations of future property = governed by testamentary succession + will formalities
Donation by reason of marriage may be revoked by donor:
(1) If marriage is not celebrated/judicially declared void ab initio
a. E: donations made in marriage settlements (future spouses) stipulations
that do not depend on celebration of marriage = valid
FC 86 (2) Marriage without parents/guardian consent required by law
(3) Marriage annulled with BF done
(4) Legal separation, donee is guilty spouse
(5) Resolutory condition not complied
(6) Donee committed ingratitude (stated earlier)