lOMoARcPSD|38486308
Wills AND Succession Reviewer
Wills & Succession (Pontifical and Royal University of Santo Tomas, The Catholic
University of the Philippines)
Scan to open on Studocu
Studocu is not sponsored or endorsed by any college or university
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)
lOMoARcPSD|38486308
WILLS AND SUCCESSION - ATTY. FERDINAND JOSEPH M. DECHAVEZ
Art. 774. 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
will or by operation of law.



Concept of Succession


Broadest juridical sense - it signifies
the substitution or subrogation of a
person in the transmissible rights and
obligations of another.
Strict juridical sense - it signifies the
substitution or subrogation of a person
in the transmissible rights and
obligations of a deceased person.
Heirs - is a person called to the whole or
to an aliquot portion of the inheritance
either by will or by operation of law
Devisees - is a person to whom a gift of
real property is given by virtue of a will.
Legatees - is a person to whom a gift of
personal property is given by virtue of a
will.
Art. 776. The inheritance includes all
the property, rights and obligations of
a person which are not extinguished
by his death.
Objective Element of Succession
Inheritance - includes all the property,
rights and obligations of a person which are
not extinguished by his death.
Basis of Succession




Right of private property - if man has
the right to own private property, he has
the power to dispose of such property
freely, imposing such licit terms and
conditions
as
he
might
deem
convenient.
Right of the family - heart and soul of
society, the basis of succession rests
upon family co-ownership.
Eclectic theories - succession is a
mode of perpetuating the right to own
private property. Succession is the
recognized necessity of perpetuating
man’s patrimony beyond the limits of
human existence.

Manresa - the universality of all the
property, rights and obligations
constituting the patrimony of the
decedent which are not extinguished
by his death.
Castan - as the entirety of the
patrimonial properties and relations
which constitute the objective
elements of succession.
Inheritance vs. succession
Inheritance
refers
to
the
universality of all the
property, rights and
obligations
constituting
the
patrimony
of
the
decedent which are
not extinguished by
his death
Art. 775. In this Title, “decedent,” is the
general term applied to the person
whose property is transmitted through
succession, whether or not he left a
will. If he left a will, he is also called
the testator.
Succession
legal mode by
which
such
property, rights
and obligations
are transmitted.
Restricted concept of inheritance
Subjective Elements of Succession



Decedent - the person whose property
is transmitted through succession,
whether or not he left a will.
Testator - if the person left a will.
Under our law, no succession shall be
declared unless and until a liquidation of
the assets and debts left by the
decedent shall have been made and all
his creditors fully paid. Until a final
1
ZMS [2022]
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)
lOMoARcPSD|38486308
WILLS AND SUCCESSION - ATTY. FERDINAND JOSEPH M. DECHAVEZ

liquidation is made and all debts are
paid, the right of the heirs to inherit
remains inchoate. It partakes of the
nature of a mere hope and nothing
more. This is so because under our
rules of procedure, liquidation is
necessary in order to determine whether
or not the decedent has left any liquid
assets which may be transmitted to his
heirs.
Therefore, it is no longer the heirs who
are responsible for the payment of the
debts or obligations of the decedent, but
the estate itself; and if the estate should
not be sufficient to pay for such debts or
obligations, the heirs cannot be made to
pay for the unpaid balance. In other
words, such debts or obligations do not
become the debts or obligations of the
heirs after the death of the decedent;
they remain as debts or obligations of
the decedent, to the payment of which
his property may be subjected wherever
it be found.


Art. 777. The rights to the succession
are transmitted from the moment of
the death of the decedent.
Causal Element of Succession


The fact of death with respect to
succession is more than a condition; it is
the very reason of succession itself —
as a matter of fact, it is the very reason
for the manifestation of the will of the
decedent.
The death of the decedent is not only
the condition, but also the final cause of
the transmission of successional rights.
Transmission of successional rights



The rights to the succession are
transmitted from the moment of the
death of the decedent.
Successional rights, whether generated
by the will of the decedent or by law, can
have no effectiveness except through
the death of the said decedent. Until
then, there may be a change in the will
of the testator, or in the dispositions
provided by law with regard to the
persons called in the different orders of
succession, or even when there are no
such alterations, there may be changes
in the circumstances of those who are
favored so that they are deprived
altogether of their rights, either because
they have committed some cause of
disinheritance or some act of incapacity.
Consequently, after the death of the
decedent, anyone of the heirs may enter
into a contract with respect to his share
in the inheritance even before partition
has been effected. This is so because
his right with respect thereto is already
in the nature of a vested right. Hence,
he may sell his undivided share in the
inheritance or even donate it.
Conversely, before the death of the
decedent, no heir may enter into a
contract with respect to his future share
in the inheritance. This is so because,
before the death of the decedent, the
heirs have only a mere hope or
expectancy, absolutely inchoate in
character, to their share in the
inheritance.
Hence, any contract entered into with
respect to future inheritance would have
no object whatsoever, and as a
consequence, would be inexistent from
the beginning. Art. 1347 of the Code.
declares that no person can enter into a
contract
with
respect
to
future
inheritance except in cases expressly
authorized by law.
Rule in case of presumptive death
Presumptive death – he must have been
absent for at least ten years, it being
unknown whether or not he still lives.


5 years - if the absentee disappeared
after the age of seventy- five years
4 years - if the absentee disappeared
under
any
one
of
the
three
circumstances enumerated in Art. 391.
2
ZMS [2022]
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)
lOMoARcPSD|38486308
WILLS AND SUCCESSION - ATTY. FERDINAND JOSEPH M. DECHAVEZ
GR: the time when the absentee died must
be proved in accordance with the ordinary
rules of evidence. If this is not possible, then
he is deemed to have died at the time of the
that expiration of the period designated by
law.
XPN: when the absentee disappeared
under any one of the extraordinary
circumstances enumerated in Art. 391 of the
Code.




Because the absentee disappeared
under danger of death, in such case, he
is deemed to have died at or about the
time when he disappeared.
Under our law, an executor or
administrator, who assumes the trust,
takes possession of the property left by
the decedent for the purpose of
liquidating all debts.
Before distribution is made or before any
residue is known, the heirs have no
cause of action against the executor or
administrator for the possession of
property left by the decedent.
Once the administration proceedings is
terminated and the heirs will finally
accept their respective portions in the
inheritance, the possession thereof is
deemed transmitted to them without any
interruption and from the moment of the
death of the decedent.
Effect of judicial settlement
Art. 778. Succession may be:




The law provides for the appointment of
a legal administrator for the liquidation of
the decedent’s estate and the partition
of his haeriditas jacens among his heirs,
does not deprive such heirs of the right
to intervene in the administration of the
estate for the protection of their
interests.
Notwithstanding the appointment of a
judicial administrator, it is well settled
that the heirs have a right to intervene
when
they
believe
that
the
administrator’s acts are prejudicial to
their interests.
Even before there has been a judicial
declaration of heirship, it is well
established that an heir has a right to
assert a cause of action as an heir,
although he has not been judicially
declared to be so.
While it is very true that they acquire
ownership thereof from the moment of
the death of their predecessor, yet upon
the
appointment
of
a
judicial
administrator, the latter, by virtue of his
appointment, acquires a right to the
possession of the estate, subject to the
orders of the court, unless he consents
to the heirs continuing in possession
thereof.
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed.
Art. 779. Testamentary succession is
that
which
results
from
the
designation of an heir, made in a will
executed in the form prescribed by
law.
Art. 780. Mixed succession is that
effected partly by will and partly by
operation of law.
Kinds of Succession




Testamentary - it is based on a last will
and testament, which is the orderly
manifestation of the testator’s will
Legal or intestate - cause it takes effect
by operation of law
Mixed - it partakes of the character of
both testamentary and legal succession.
Contractual - applicable only to
donations of future property by reason of
marriage made by one of the future
spouses to the other.
Testamentary succession
3
ZMS [2022]
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)
lOMoARcPSD|38486308
WILLS AND SUCCESSION - ATTY. FERDINAND JOSEPH M. DECHAVEZ


Results from the designation of an heir,
made in a will executed in the form
prescribed by law.
What is essential is that the succession
must be effected through the testator’s
will executed in the form prescribed by
law.
Intestate succession


Effected by operation of law in default of
a will.
If the decedent has not made any will, or
even where he has made one, if it has
not been made in accordance with the
formalities prescribed by law, his
presumed will as provided by law shall
govern the distribution of his hereditary
estate after his death.
Mixed succession


The testator makes a will which does not
dispose all of his property
In the distribution of the hereditary
estate of the testator after his death,
testamentary succession shall take
place with respect to that part of his
property which he has disposed of in his
will, while legal succession shall take
place with respect to that part which he
has not disposed of.
reason of marriage; in other words, it
must comply with the Statute of Frauds.
Art. 781. The inheritance of a person
includes not only the property and the
transmissible rights and obligations
existing at the time of his death, but
also those which have accrued thereto
since the opening of the succession.
Extent of Inheritance
First, all of his property which are existing
at the time of his death; second, all of his
transmissible rights and obligations which
are existing at the time of his death; and
third, all of the property and rights which
may have accrued to the hereditary estate
since the opening of the succession.
Property in existence at decedent’s
death
This can only refer to those properties which
are available for distribution among the
persons called to the inheritance after
settlement or liquidation.
The body or mortal remains of the
decedent cannot be considered as a
part of the inheritance inasmuch as it is
not property.
Contractual succession
Transmissible rights and obligations



Future spouses may give or donate to
each other in their marriage settlements
their future property to take effect upon
the death of the donor and to the extent
laid down by the provisions of the Civil
Code
relating
to
testamentary
succession.
The donor cannot give by way of
donation more than he can dispose of
by will shall have to be complied with
The donation or disposition does not
have to be contained in a will. However,
it must be executed in accordance with
the form prescribed for donations by
Purely
personal
intransmissible
rights
Patrimonial transmissible
rights
XPN: expressly made
intransmissible
by
operation
of
law.
(personal and legal
usufructs,
personal
easements)
Rights of transmissible
obligations
4
ZMS [2022]
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)
lOMoARcPSD|38486308
WILLS AND SUCCESSION - ATTY. FERDINAND JOSEPH M. DECHAVEZ
XPN: expressly made
intransmissible
by
agreement
of
the
parties,
and
by
operation of law.
Monetary obligations


It is the estate or the mass of
property, rights and assets left by the
decedent, instead of the heirs
directly, that becomes vested and
charged with his rights and
obligations which survive after his
death
It must be noted that the claims or
obligations which can be charged
against the estate of the decedent
after his death are those monetary
obligations
contracted
by
the
decedent himself during his lifetime
and not those contracted by his
heirs.
Accretions

Since such property or right which
may have accrued to the hereditary
estate since the opening of the
succession is subject to the payment
of the debts of the decedent and
since what will actually be distributed
to the persons who are called to the
inheritance either by will or by
operation of law will be the net
remainder or residue of the estate,
therefore, we must include in the
inheritance
all
property
and
transmissible rights which may have
accrued thereto since the opening of
the succession.
5
ZMS [2022]
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)
lOMoARcPSD|38486308
WILLS AND SUCCESSION - ATTY. FERDINAND JOSEPH M. DECHAVEZ
6
ZMS [2022]
Downloaded by Polaris Nuqui (polarisnuqui@gmail.com)