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Article 1024. Persons not incapacitated by law may succeed by will or ab intestato.

The provisions relating to incapacity by will are equally applicable to intestate succession.

1.

Absolute 2 Classes:

Individuals, associations, and corporations not permitted by law to inherit. (Art. 1027, no. 6) Those who lack juridical personality (such as abortive infants)

2. Relative

3 Kinds:

Because of possible undue influence (Art. 1027) Because of public policy and morality (Art. 1028) Because of unworthiness (Art. 1032)

Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in Article 41.

1.

The heir, legatee or devisee must be already living, or at least conceived at the moment the succession opens;
(Art. 1025)

2.

He must not be incapacitated or disqualified by law to succeed. (Art. 1024, par.1)

For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the fetus had an intrauterine life of less than seven (7) months, it is not deemed born if it dies within twenty-four (24) hours after its complete delivery from the mothers womb.

Article 1025, par.1 In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.

In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent.

At the time of Ds death (2000), only A and B are alive. Inasmuch as B is D (dies 2000) incapacitated, A inherits the whole B (incapacitated) by intestacy. Suppose in 2005, B conceived a child C (conceived 2005) C, will C share in the succession from D?

Article 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same.

Article 1027. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or minister of the gospel who extended spiritual aid to him during the same period.

The will must have been made DURING the last illness, therefore: If the testamentary disposition was made BEFORE, same is valid for there could not have any undue influence If the testamentary disposition was made LONG AFTER the last illness, such that there was time to reflect on the wisdom of the testamentary provision, the disqualification does not apply.

The

disqualification DOES NOT EXTEND:

To the LEGITIME To the INTESTACY Dispositions which do not extend a

TESTAMENTARY BENEFIT (like appointment as executor)

Testator T during his lifetime confessed to a priest P who T happened to be his son. In his will, made shortly after P F the confession, T gave his son-priest P P600,000 out of (son-priest) (friend) an estate worth P1 million. P600,000 P400,000 The remaining P400,000 was given to a friend F. Then T died. How much if any, will the son-priest P inherit?

Ans.
P gets P500,000 as legitime, but not the P100,000 which is part of the free portion. It is T unfair to deprive P of his legitime since he is entitled P to this, not by virtue of a will, but by operation of law. The (son-priest) P100,000 will accrue in favor P600,000 of friend F, since the P500,000 requirement for accretion are present. Hence, the friend F gets a total of P500,000.

F
(friend) P400,000 P500,000

Suppose the deceased who had confessed to his son-priest had died intestate, how much will the son inherit? Ans. The whole P1million, not as voluntary or testamentary heir, but as an intestate heir. Note that in the problem given, he is the only legal heir. He inherits in this capacity, for after all, intestacy goes by operation of law.

Article 1027. The following are incapable of succeeding:

(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;

Article 1027. The following are incapable of succeeding:


(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 void;

Guardians are disqualified to inherit unless:


The will was made AFTER the

approval of the final accounts. The guardian is a RELATIVE.

In his will, T gave G, his guardian, a legacy. At the time the will was executed, the final accounts of the guardianship had not yet been approved. Three months afterwards, the final accounts were approved. Two months later, T died. Will G get the legacy?

No, because the law disqualifies him (G) even if the testator should die after the approval of the final accounts. The exception is when G is one of the relatives mentioned in the law.

A testator gave a legacy to his guardians daughter. At the time the will was made, the final accounts had not yet been approved. Is the legacy valid?

Ans.
Yes, the legacy is valid, for the law does not disqualify the guardians relatives (unlike the rule in the case of priest and the minister)

Article 1027. The following are incapable of succeeding:

(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;

Exception

to the disqualification is provided for in Article 823, which provides that the witness is qualified to inherit if there are three other competent and disinterested witnesses to the will.

Article 1027. The following are incapable of succeeding:

(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;

Requisites

for disqualification:

The will or disposition in their favor

was made during the last illness and after the care by them had commenced. They took care of the testator this presupposes a continuing or regular caring

Suppose the physician (etc.) is a relative of the deceased, is the testamentary disposition valid?

Ans.
No. the law makes no distinction, unlike in the case of the guardian.

Is the physician (etc.) disqualified to inherit by intestacy?

Ans.
No. The law uses the term testator. Moreover, intestacy takes place by operation of law.

Article 1027. The following are incapable of succeeding:

(6) Individuals, associations and corporations not permitted by law to inherit;

Thank you!