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(4) Any heir of full age who, having (4) When a child or descendant by (4) When the parent or ascendant (4) When the spouse has (4) Any attesting witness to the execution
knowledge of the violent death of the fraud, violence, intimidation, or has been convicted of adultery or given cause for legal of a will, the spouse, parents, or children,
testator, should fail to report it to an undue influence causes the concubinage with the spouse of separation; or any one claiming under such witness,
officer of the law within a month, unless testator to make a will or to the testator; spouse, parents, or children;
the authorities have already taken action;
change one already made;
this prohibition shall not apply to cases
wherein, according to law, there is no
obligation to make an accusation;
(5) Any person convicted of adultery (5) A refusal without justifiable (5) When the parent or ascendant (5) When the spouse has (5) Any physician, surgeon, nurse, health
or concubinage with the spouse of the cause to support the parent or by fraud, violence, intimidation, or given grounds for the loss officer or druggist who took care of the
testator; ascendant who disinherits such undue influence causes the of parental authority; testator during his last illness;
child or descendant; testator to make a will or to
change one already made;
Incapable of succeeding by reason of disinheritance of children and disinheritance of parents or sufficient causes for Incapable of succeeding (1027)
unworthiness (1032) descendants, legitimate as well as ascendants, whether legitimate disinheriting a spouse
illegitimate (919) or illegitimate (920) (921)
(6) Any person who by fraud, violence, (6) Maltreatment of the testator The loss of parental authority for (6) Unjustifiable refusal to (6) Individuals, associations and
intimidation, or undue influence by word or deed, by the child or causes specified in this Code support the children or the corporations not permitted by law to
should cause the testator to make a descendant; other spouse inherit.
will or to change one already made;
(7) Any person who by the same (7) When a child or descendant The refusal to support the children
means prevents another from making leads a dishonorable or disgraceful or descendants without justifiable
a will, or from revoking one already life; cause
made, or who supplants, conceals, or
alters the latter's will;
(8) Any person who falsifies or forges (8) Conviction of a crime which An attempt by one of the parents
a supposed will of the decedent. (756, carries with it the penalty of civil against the life of the other, unless
673, 674a) interdiction. (756, 853, 674a) there has been a reconciliation
between them
LEGITIMES – TESTAMENTARY SUCCESSION
Legitimate 1 Legitimate Surviving Illegitimate Legitimate Illegitimte
children Child spouse Children parents parents
½ of the estate
divided
equally
½ of the estate Share of 1 child
divided
equally
½ of the estate ¼ of the estate
½ of the estate Each will get
divided ½ of the hare
equally of one
legitimate
child
½ of the estate Share of 1 child Each will get
divided (preferred over ½ of the hare
equally illegitimate of one
child) legitimate
child
½ of the estate ¼ of the estate Each will get
(preferred over ½ of the hare
illegitimate of the
child) legitimate
child
½ of the estate
¼ of the estate ½ of the estate
divided
equally
¼ of the estate ½ of the estate
1/8 of the ¼ of the estate ½ of the estate
estate divided
equally
½ of the estate
(1/3 if
marriage is in
articulo mortis)
1/3 of the 1/3 of the
estate estate divided
equally
¼ of the estate ¼ of the estate
½ of the estate
divided
equally
½ of the estate