LAW ON SUCCESSION
I. INHERITANCE
SUCCESSION
¡ It is a mode of acquisition by vir tue of which the proper ty,
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 will or by operation of law.
¡ The rights to the succession are transmitted from the moment
of the death of the decedent.
I. INHERITANCE
ELEMENTS OF SUCCESSION
1. DECEDENT – the person whose proper ty is transmitted
through succession, whether or not he lef t a will. If he lef t a
will, he also called the testator.
Qualifications of a Testator
A. Must be at least 18 years of age.
B. Must be of sound mind.
He knew at the time of execution
a. Nature of the Estate
b. Proper Objects of his Bounty
c. Character of the Testamentary Act
I. INHERITANCE
ELEMENTS OF SUCCESSION
2. HEIRS – the persons called to the succession, either by will
or by operation of law.
Qualifications of an Heir
A. Must be LIVING at the time of death of the decedent.
B. Must not be INCAPACITATED by law to succeed due to
undue influence or interest, immorality or against public
policy, or by reason of unwor thiness.
I. INHERITANCE
ELEMENTS OF SUCCESSION
Heirs under Testamentary Succession
A. Compulsory heirs – called to succeed to the portion of the
estate known as LEGITIME.
B. Voluntary heirs – called to succeed to the whole or an
aliquot part of the disposable portion.
(e.g. Testator gives ¼ of the free portion to a friend. Friend
is a voluntary heir.)
C. Legatees – persons to whom gifts of PERSONAL PROPERT Y
are given by will.
D. Devisees – persons to whom gifts of REAL PROPERT Y are
given by will.
(e.g. Testator makes a will devising a parcel of land in
Laguna to Alex, and bequeathing his automobile to Ben. Alex
is a devisee while Ben is a legatee.)
I. INHERITANCE
ELEMENTS OF SUCCESSION
Heirs under Intestate Succession
Legal or Intestate heirs
3. ESTATE/INHERITANCE – includes:
A. All of Decedent’s Proper ty existing at the time of death.
B. Transmissible Rights and Obligations existing at the time of
death
C. Proper ty and Rights which have accrued to hereditar y estate
since the opening of the succession
I. INHERITANCE
ELEMENTS OF SUCCESSION
4. ACCEPTANCE – an act by vir tue of which an heir, legatee or
devisee manifests his desire to succeed to the inheritance,
legacy or devise. It may be express or implied.
Repudiation – the opposite of acceptance. It may be made
by means of a public instrument, authentic instrument or
petition in cour t.
I. INHERITANCE
KINDS OF SUCCESSION
1. TESTAMENTARY SUCCESSION – which results from the
designation of an heir, made in a WILL executed in the form
prescribed by law.
2. INTESTATE OR LEGAL SUCCESSION – which is ef fected by
operation of law.
3. MIXED SUCCESSION – which is ef fected par tly by will and
par tly by operation of law.
I. INHERITANCE
TESTAMENTARY SUCCESION
THERE MUST BE A VALID WILL
WILL
Is an act whereby a person is permitted with formalities
prescribed by law, to control to a cer tain degree the disposition
of his estate, to take ef fect af ter his death.
I. INHERITANCE
CHARACTERISTICS OF A WILL
1.
2.
3.
4.
5.
6.
7.
Strictly personal act.
Individual and unilateral act.
Free and voluntar y act.
Formal and solemn act.
Disposition of proper ty.
An act mor tis causa.
Revocable during testator’s lifetime.
I. INHERITANCE
CLASSIFICATION OF WILLS
1. ORDINARY OR NOTARIAL WILL – written will acknowledged
before a notar y public.
Formalities:
A. In writing
B. Written in a language or dialect known to the testator
C. Subscribed at the end by testator himself
D. Attested and subscribed by 3 or more credible witnesses in
the presence of the testator and one another.
E. Each and ever y page must be signed on the lef t margin.
I. INHERITANCE
CLASSIFICATION OF WILLS
Formalities:
F. Must contain an Attestation Clause. If no attestation clause,
the will is VOID.
Attestation Clause is a memorandum or record of facts
wherein the witnesses cer tify that the instrument has been
executed before them, and that it has been executed in
accordance with the formalities prescribed by law.
G. Acknowledged before a notar y public by the testator and the
witnesses.
I. INHERITANCE
CLASSIFICATION OF WILLS
2. HOLOGRAPHIC WILL – one that is entirely written, dated and
signed by the hand of the testator himself.
Formalities:
A. Entirely written by the hand of the testator himself
B. Entirely dated by the hand of the testator himself
C. Entirely signed by the hand of the testator himself
D. Executed in a language or dialect known to the testator.
NUNCUPATIVE WILL – an oral will. It is VOID.
I. INHERITANCE
CODICIL
A supplement or addition to a will made af ter the execution of a
will and annexed to be taken as par t thereof, by which any
disposition made in the original will is explained, added to or
altered.
It must be executed as in the case of a will.
I. INHERITANCE
PROBATE OF A WILL
A special proceeding for establishing validity of the will.
In probate, it must be proved that:
A. The will is indeed the last will and testament of the
testator.
B. It has been executed in accordance with formalities
prescribed by law.
C. The testator had testamentar y capacity at the time of
execution of the will.
Necessity of Probate: No will shall pass either real or personal
proper ty unless it is proved and allowed in accordance with
Rules of Cour t.
I. INHERITANCE
LEGITIME
Is that par t of the testator’s proper ty which he cannot dispose
of because the law has reser ved it for cer tain heirs who are
called compulsor y heirs.
I. INHERITANCE
DISINHERITANCE – act of testator in depriving a compulsor y
heir of his legitime.
Requisites:
A. For a cause expressly stated by law.
B. Ef fected through a valid will.
C. Must be SPECIFIED in the will itself.
D. Must be CERTAIN and TRUE
E. Must be TOTAL
F. Must be UNCONDITIONAL
I. INHERITANCE
Causes for Disinheritance of Children and Descendants.
Child or Descendant
A. Has been found guilty of an ATTEMPT against the life of
the testator, his or her spouse, descendants or
ascendants;
B. Has ACCUSED the testator of a crime for which the law
prescribes imprisonment for 6 years or more, if the
accusation has been found GROUNDLESS;
C. Has been convicted of ADULTERY or CONCUBINANGE with
spouse of the testator.
D. By FRAUD, VIOLENCE, INTIMIDATION OR UNDUE
INFLUENCE causes the testator to make a will to change
one already made.
I. INHERITANCE
Causes for Disinheritance of Children and Descendants
E. REFUSAL without justifiable cause to SUPPORT the parent
or ascendant.
F. MALTREATMENT of the testator by word or deed.
G. Leads a DISHONORABLE or DISGRACEFUL LIFE
H. CONVICTION of a crime which carries with it the penalty
of CIVIL INTERDICTION
Causes for Disinheritance of Parents or Ascendants – see
Ar t. 920 of the Civil Code
Causes for Disinheritance of a Spouse – Ar t. 921 of the Civil
Code
I. INHERITANCE
COMPULSORY HEIRS
A. Legitimate children and descendants
B. In absence of no. 1 , legitimate parents and ascendants,
(secondar y compulsor y heirs)
C. Sur viving spouse
D. Illegitimate children
Primar y Compulsor y Heirs – A
Concurring Compulsor y Heirs – C and D
Secondar y Compulsor y Heirs – B
I. INHERITANCE
KINDS OF CHILDREN
A. Legitimate children – born inside a valid marriage
B. Illegitimate children – born outside a valid marriage or
inside a void marriage
C. Adopted children – by decree of adoption
D. Legitimated children – conceived and born outside of
wedlock of parents who subsequently entered into a valid
marriage.
(A , C and D have the same successional rights)
I. INHERITANCE
Table of Legitimes
Survivors
Legitime
1. Any class alone
½ of the estate
2. One Legitimate child (LC) and
Surviving Spouse (SS)
LC – ½
SS – ¼
3. Two or more LC and SS
LC – ½
SS – Equal to that of each LC
4. LC, SS and Illegitimate Child (IC)
LC – ½
SS – ¼ or equal to that each LC, as the case may be
IC – ½ of that of each LC
5. Legitimate parents (LP) and SS or IC
LP – ½
SS or IC – ¼
6. LP, SS and IC
LP – ½
SS – 1/8
IC – ¼
7. SS and IC
SS – 1/3
IC – 1/3
I. INHERITANCE
DISPOSABLE FREE PORTION – Net Distributable Estate less
Legitime of the Compulsor y Heirs
It can be given to ANYONE.
WHAT IS BASIS TO DETERMINE THE LEGITIME?
Net Distributable Estate (proper ties less liabilities at the
time of death,
But if there were donations made during the lifetime of
the deceased, the same must be included. This process is
known as COLLATION.
I. INHERITANCE
Problem 1:
The testator is survived by spouse, a legitimate
child and a legitimate parent. The net value of
the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 1:
Distribution:
Legitimate Child
Spouse
Legitimate Parent
Free Portion
Legitime
P500,000
P250,000
P0 because of the
presence of LC
P250,000
I. INHERITANCE
Problem 2:
The testator is survived by spouse, a legitimate
child, and an illegitimate child. The net value of
the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 2:
Distribution:
Legitimate Child
Spouse
Illegitimate Child
Free Portion
Legitime
P500,000
P250,000
P250,000
P0
I. INHERITANCE
Problem 3:
The testator is survived by spouse, two
legitimate children, and two illegitimate
children. The net value of the estate is
P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 3:
Distribution:
Legitimate Child A
Legitimate Child B
Spouse
Illegitimate Child A
Illegitimate Child B
Disposable Free Portion
Legitime
P250,000
P250,000
P250,000
P125,000
P125,000
P0
I. INHERITANCE
Problem 4:
The testator is survived by spouse, one
legitimate child, and two illegitimate children.
The net value of the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 4:
Distribution:
Legitimate Child
Spouse
Illegitimate Child A
Illegitimate Child B
Disposable Free Portion
Legitime
P500,000
P250,000
P125,000
P125,000
P0
I. INHERITANCE
Problem 5:
The testator is survived by mother, spouse, four
illegitimate children and uncle. The net value of
the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 5:
Distribution:
Mother
Spouse
Illegitimate Child A
Illegitimate Child B
Illegitimate Child C
Illegitimate Child D
Uncle
Disposable Free Portion
Legitime
P500,000
P125,000
P62,500
P62,500
P62,500
P62,500
P0
P125,000
I. INHERITANCE
What is the status of the will if the share
given to a compulsory heir is less than his
legitime?
Will is still VALID, but the compulsory heir
can ask for the complete satisfaction of
his legitime.
I. INHERITANCE
INTESTATE SUCCESSION
ORDER OF INTESTATE SUCCESSION
A. Legitimate children or descendants – always inherit despite
the presence of others
B. Legitimate parents or ascendants – will inherit in absence
of legitimate children
C. Illegitimate children or descendants – always inherit
D. Sur viving spouse – always inherit
E. Brothers, sisters, nephews and nieces – will inherit if there
are no LC, LP and IC.
F. Other collateral relatives within the 5 th degree, will inherit if
there are no LC, LP, IC, SS and BSNN
G. State – will inherit if there are no relatives within the 5 th
degree of consanguinity (ESCHEAT)
I. INHERITANCE
Intestate Succession Table
Survivors
Share
1. Any class alone
Whole estate
2. One Legitimate child (LC) and Satisfy their legitimes and then distribute the disposable
Surviving Spouse (SS)
portion in proportion to their respective legitimes
3. Two or more LC and SS
Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes
4. LC, SS and Illegitimate Child (IC)
Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes.
5. Legitimate Parents (LP) and SS or LP – ½
IC
SS or IC – ½
6. LP, SS and IC
LP – ½
SS – ¼
IC – ¼
7. SS and IC
SS – ½
IC – ½
8. SS and Brothers, Sisters, Nephews SS – ½
and Nieces (BSNN)
BSNN – ½
I. INHERITANCE
Problem 6:
Decedent died intestate and was survived by a
spouse, two legitimate children, and mother.
The net value of the estate is P1,200,000.
Distribute the estate of the decedent
I. INHERITANCE
Problem 6:
Distribution:
Legitimate Child A
Legitimate Child B
Spouse
Mother
Legitime
P300,000
P300,000
P300,000
P0
Add’l Share
P100,000
P100,000
P100,000
Total
P400,000
P400,000
P400,000
I. INHERITANCE
Problem 7:
Decedent died intestate and was survived by a
spouse, two illegitimate children, and mother.
The net value of the estate is P1,200,000.
Distribute the estate of the decedent
I. INHERITANCE
Problem 7:
Distribution:
Mother
Spouse
Illegitimate Child A
Illegitimate Child B
P600,000
P300,000
P150,000
P150,000
I. INHERITANCE
Problem 8:
Decedent died intestate and was survived by a
great-grandfather, spouse, brother and sister.
The net value of the estate is P1,200,000.
Distribute the estate of the decedent
I. INHERITANCE
Problem 8:
Distribution:
Great-Grandfather
Spouse
Brother
Sister
P600,000
P600,000
P0
P0
I. INHERITANCE
RULES PERTINENT TO INTESTATE SUCCESSION
A . Preference between lines
a. Direct descending line
b. Direct ascending line
c. Collateral line
e.g. Legitimate Children exclude Legitimate Parents
Legitimate Parents exclude Uncles and Aunts
I. INHERITANCE
RULES PERTINENT TO INTESTATE SUCCESSION
B. Proximity
Those nearest in degree exclude the more distant ones
e.g. Legitimate Children exclude Legitimate Grandchildren
Exception: REPRESENTATION – right by vir tue of
which the representative is raised to the place and
the degree of the person represented and acquires
the rights which the latter would have if he were
living or if he could have inherited.
It takes place in:
a. Direct descending line
b. Collateral line, in favor of the children of brothers
or sisters.
Legitimate Parents exclude Legitimate Grandparents
Uncles exclude First Cousins
I. INHERITANCE
RULES PERTINENT TO INTESTATE SUCCESSION
C. Equal division
Those of same degree shall inherit in equal shares.
e.g. Legitimate Children will have the same share.
MIXED SUCCESSION
Occurs when there are:
A. Omitted proper ties
B. Af ter-acquired proper ties
Distribution Rules:
A. Proper ties mentioned in the Will – Testamentar y
Succession
B. Proper ties not mentioned – Intestate Succession
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