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Art.774 Succession is a mode of Acquisition by virtue of which the Property, Right 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 his Will or by Operation of law.
S = A-PRO ET Death W/O Succession falls under donation as a mode of acquiring ownership MORTIS CAUSA: note on art. 777 of the civil code that: Art.777 The rights to succession are transmitted from the moment of the death of the decedent. Thus: Nemo dat quod non habeat, that one can dispose of that which he does not have ergo, no right to sell or alienate future inheritance. But unlike a contract of sale where delivery transfers ownership, in succession DEATH transfers da shit.ooooh! yeah! SUCCESSION is either: 1. Testate 2. Intestate 3. Mixed succession TESTATE SUCCESSION 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. INTESTATE SUCCESSION Art. 960 Legal or intestate succession takes place: If a person dies without a will, or with a void will, or one which has subsequently lost its validity; When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution and no right of accretion takes place; When the heir instituted is incapable of succeeding except in cases provided in this code. MIXED SUCCESSION Art. 980 Mixed succession is that effected partly by will and partly by operation of law. Note: on the rights of pre-emption and the rights of redemption where proper. --As to Heirs, Legatees, and Devisees-Art. 782 An HEIR is a person called to succession either by the provision of a will or by operation of law. DEVISEES and LEGATEES are persons to whom gifts of real and personal property are respectively given by virtue of a will. Heir Testate/intestate Will enter succession by his right in the aliquot portion of the estate (legitime/institution) Has a universal title as to his share in the estate Devisee/Legatee Intestate only Will enter succession as to the real/personal properties he is specifically called into. Inherits only certain property.

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Uncertain as to what particular property he inherits Is certain as to what particular property to be inherited not within the direct lines of the decedent) are not compulsory heirs in testate succession. But they are heirs in intestate succession, in default only of the decedents ascendants or descendants in the direct line. --As to the designation of heirs NEVER FORGET that the designation of heirs shall not nor should it ever prejudice the share of an heir in the legitime. Thus: As to the designation of heirs such is only with respect to the free portion. EXCEPT when the testator has no compulsory heirs then. Such lack of compulsory heirs operates as the testator having no legitime in his estate. Art.887 the compulsory heirs: i) following are

An HEIR in testamentary succession is either: I) COMPULSORY Is an heir entitled to his share from the estate. Art.886 thus states: LEGITIME is that part of the testators property which he cannot dispose of because THE LAW HAS RESERVED IT FOR CERTAIN HEIRS WHO ARE THEREFORE CALLED COMPULSORY HEIRS. II) VOLUNTARY (Instituted) One who inherits that portion of the estate outside the legitime, which is the free portion or the disposable free portion. As a general rule: LEGITIME comprises of one half of the estate of the deceased. And that legitimate children are compulsory heirs and are entitled to their share in the estate that is, their legitime. They may also be instituted as Voluntary heirs and thus they may also inherit from the free portion/disposable free portion. Note: That legitime may be lost by disinheritance based on those valid causes enumerated by law. Note again: It is not for the testator to provide for the legitimes of his compulsory heirs since this is already provided for them by the law. --As to compulsory heirs-Compulsory heirs are the direct descending and the direct ascending relatives of the decedent, along with his surviving spouse. Note: that collateral relatives (brothers, sisters, cousins, nephews, nieces uncles and aunts, and those relatives which are

Legitimate children and descendants with respect to their legitimate parents and ascendants; (designated as #1 in the umber scheme) IN DEFAULT OF THE FOREGOING, legitimate parents and ascendants, with respect to their legitimate children and descendants;(designated as #2 in the number scheme) The widow or widower; (designated as number #3 in the number scheme) Acknowledged natural children, and natural children by legal fiction; Other illegitimate children referred to in article 287. (designated as #4 in the number scheme)

ii)

iii)

iv)

v)

>parenthetical notes in italics mine<

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--As to the types of compulsory heirs Compulsory heirs may be: i) Primary compulsory heirs When the testator is ILLEGITIMATE, the descendants whether legitimate or illegitimate excludes the illegitimate direct ascending line. INSTITUTION DOES NOT INCLUDE THE WHOLE ESTATE WHEN THE TESTATOR HAS COMPULSORY HEIRS. --As to freak succession-In cases of annulment or declaration of nullity, where neither spouses may marry again provide that: i) The decree of nullity of annulment is recorded in the proper civil registrar; Recorded with the ACP/CPG; Delivery of the proper presumptive legitimes of their common children. (art.52,53 of the family code) In freak succession, by operation of a prior decree of annulment the common children receive their legitimes without any of the parents dying. Is also sometimes termed as SUCCESSION BY ACCIDENT. --Two instances where it is relevant to distinguish between heirs from devisees or legatees PRETERITION DISINHERITANCE and INEFFECTIVE

These are those compulsory heirs who are entitled to their share of the legitime whether he survives alone or survives with other heirs. THEY ARE NEVER EXCLUDED FROM THEIR SHARE OF THE LEGITIME FROM THE TESTATORS ESTATE. (1 3 4 AND enumeration) 5 from the foregoing

Note: Ascendants are not primary compulsory heirs as long as there are legitimate descendants. ii) Secondary compulsory heirs

ii) iii)

These heirs on the other hand inherit from tbe legitime IN DEFAULT OF the primary compulsory heirs. Legitimate parents and Illegitimate parents are secondary compulsory heirs. ERGO: When the testator is LEGITIMATE the legitimate parents inherit only in default of legitimate children. But when there are no legitimate children but only illegitimate ones then there is concurrence of survival between the legitimate parents and Illegitimate children. BECAUSE an illegitimate child does not exclude the direct ascending line. Note: As to the right to representation, as long as there are legitimate descendants the legitimate parents could never inherit. That descendants of heirs of the testator who predecease the latter inherit always via right of representation per stimpes. Note again: that the direct descending line is ALWAYS preferred over the direct ascending line. HOWEVER:

I. In preterition (Art.854) PRETERITION is the total omission of a compulsory heir belonging to the direct ascending or descending line in the inheritance of a person. Requisites: a. There is total omission of an heir from the INHERITANCE; (not the will) b. The omitted compulsory heir is a compulsory heir;

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c. And said compulsory heir must belong in the direct ascending or descending line. Effect: Preterition annuls, renders void THE INSTITUTION OF HEIRS, ipso facto as if no institution was made and thus rendering the distribution of legitime as distribution intestacy II. Ineffective or Invalid Disinheritance There is INEFFECTIVE INHERITANCE on the other hand where the law provides for valid causes for disinheritance where such grounds are not existing or not satisfied leaving the disinheritance illegal, ineffective, invalid or imperfect. The when: i) ii) Is for no cause stated Or whos cause is disproven or not proven Or by a cause recognized by law. not disinheritance is ineffective There being Preterition the institution of T is now invalid and is vacated, thus as if there being no institution the estate shall be distributed intestacy. As to the legitime (REMEMBER that legitime as a general rule is one half of the testators property) 90k/2 = 45k 45k will then be divided into 3 thus: A = 15K B = 15K C = 15K As to the free portion, there being no other heirs A, B, and C shall divide it in equal portion thus: A = 15K B = 15K C = 15K In sum thus each of Ts heirs will receive 30k respectively.

iii)

However the rule on the doctrine of the father states that though an heir be validly disinherited, such disinheritance does not transfer to his descendants. Thus his descendants can inherit via right of representation. --ILLUSTRATIVE EXAMPLES--

Suppose in the example give above testator T whose estate is in the value of 90 thousand credits. He institutes A and B as his universal heirs (institution in blue). Where C (in red) is preterited. How should the estate be distributed? The estate should be distributed thus:

Suppose in the example given, T whose estate is in the value of 120k institutes A and B where C was disinherited by a cause not recognized by law (in yellow-orange-ish). How should the estate be distributed? The estate should be distibuted as thus: 120/2 = Legitime, as to whatever is left is the free portion Lgt = 60/3 (A, B and C)

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Fp = 60/2 (only A and B inherit) A = 50K (Lgt = 20k Fp = 30k) B = 50K (Lgt = 20k Fp = 30k) C = 20K (Lgt = 20k Fp = n/a) Note that C is excluded from the free portion. This is so because if the testaor does not wish for C to inherit (that he inherits from the legitime only on account of the ineefective Disinheritance) then what right has he to inherit from the frree portion? He has no right as to the Fp thus. --As to the rule on the sins of the father iii) iv) v) ii) A person is PERMITTED with the FORMALITIES prescribed by law To CONTROL to a certain degree The DISPOSITION of his estate To take effect AFTER his DEATH

Note that: The making of a will is not a natural right, it is a statutory right. That such disposition is not absolute because of our system of legitimes where the compulsory heir is always reserved his share of the testators estate. And since a will takes effect only upon the death of the testator a will is AMBULATORY in character, meaning the testator may at any time before his death revoke said will. It follows therefore that before the death of the testator the instituted heirs have no vested right over the estate of the testator because the TESTATOR AT ANYTIME MAY REVOKE HIS WILL. Donation inter vivos is irrevocable except for valid causes.

The rule is that where Ts child A is validly disinherited, his descendant B, Ts grandchild will now enjoy the right of representation and thus may now inherit from the testator T. Because under the law, for whatever reasons an heir is disinherited for is not transmitted to his descendants.

--WILLS-Art.783 A will is an act whereby a person is permitted with the formalities prescribed by law to control to a certain degree the disposition of his estate to take effect after his death. Broken down: A will is: i) An ACT

The making of a will is a formal or solemn contract, requiring the compliance with the prescribed form. This is so because under the law a DONATION MORTIS CAUSA is a FORMAL CONTRACT having a prescribed form. Lack of this compliance results in the denial of the will to probate. The making of a will is a UNILATTERAL ACT only made by the testator the acceptance of the heirs is DISPENSABLE. --Ambiguities and Defects in the Will (Lifted from Paras)

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Art.789 When there is an imperfect description, or x x x (please refer to the codal provision, naggatiddag ya!) Broken down: (a) First clause refers to an INTRINSIC AMBIGUITY where there being an imperfect description or when no person or property exactly answers the description. It is cured by: i. The will itself ii. Extrinsic evidence such as written declarations of the testator. (b) The second clause refers to a patent or extrinsic ambiguity as when an uncertainty arises upon the face of the will It is cured: By the same means as curing a latent ambiguity. Thus: (i) The words of the will (ii) The circumstances under which the will was made. -- Rules in construction of wills -(Lifted from Paras) The following are to be followed in construction 1) ORDINARY WORDS HAVE ORDINARY MEANINGS Except: when there is a clear intention another meaning is to be used provided that such meaning can be determined. 2) TECHNICAL TECHNICAL Except: WORDS HAVE MEANINGS ii. If the will drafted by the testator alone did not know the technical meaning 3) THE INTERPRETATION MUST BE AN INTERPRETATION OF THE WHOLE WILL. 4) INVALID DISPOSITIONS DO NOT INVALIDATE THE WILL NOR INVALIDATE THE OTHER DISPOSITIONS. Except when said dispositions are indivisible in intent or nature. NOTE that an idiomatic interpretation (where proper) is preferred over a literal interpretation since the former more clearly expresses the testators desires. -- After acquired properties -(Lifted from Paras) As a general rule what are given by the will are those properties already possessed and owned by the testator at the time the will was made, and not those acquired thereafter. EXCEPTIONS 1) If expressly appears in the will that it was the intention of the testator to bequeath such after acquired properties. 2) Republication of a will by a subsequent will or codicil. 3) Legacies of credit or remission are effective only as regards to the part of the credit or debt existing at the time of the death of the testator. 4) If at the time the testator made the will erroneously thought he owned certain properties, the gift of said properties will not be valid, unless after making the will, said properties will belong to him (see Art.930)

I. If there is a contrary intention

Z e n N o t e s f o r S u c c e s s i o n |7 The rule applies only as to the institution of legatees and devisees however. This can be inferred from articles 776 and 781 of the civil code regarding the extent of the inheritance. Thus instituted heirs are still entitled to properties acquired after the execution of a will.
his nationality (ii) or the laws of the Philippines. (c) An alien abroad can: (i) observe Philippine laws (ii) law of the place of his domicile (iii) or lex loci celebracionis

-- Validity of Wills -(Some parts are lifted from Paras) Note Art.16 Real property as well as personal property is subject to the law of the country where it is situated However intestate and testamentary successions, both with respect to the ORDER OF SUCCESSION and to the AMOUNT OF SUCCESSIONAL RIGHTS and to THE INTRINSIC VALIDITY of testamentary provisions , shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. Art.17 par.1 The forms and solemnities of contracts and wills, and other public instruments shall be governed by the laws of the country in which they are executed. EXTRINSIC VALIDITY 1) From the viewpoint of TIME what must be observed is the law in force at the time the will is executed 2) From the viewpoint of PLACE the law to be applied is based on the following: (a) The Pinoy testator can: (i) observe Philippine laws (ii) laws of the country where he may be (iii) or the laws of the country where he executes the will. (b) An alien in the Philippines can: (i) observe the laws of INTRINSIC VALIDITY 1) From the viewpoint of Time successional right are governed by the law in force at the time of the DECEDENT DEATH. 2) From the viewpoint of Place the national law of the decedent regardless of the place of execution or place of death shall govern (Art. 16). If the conflict rules under the national law of the deceased refer the matter to the law of the domicile and the foreigner was domiciled here in the Philippines, our courts must then apply the Philippine internal law on succession. Remember that Lex Natonalii applies always on three things: 1) Intrinsic validity 2) Amount successional rights 3) Order of succession

--Conditions imposed in testamentary dispositions-Art.871 the institution of an heir may be made conditionally, or for a certain purpose or cause.

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Although the provision only mentions the institution of heirs, it is to be constructed to include legatees and devisees. Institutions, testamentary dispositions, legacies and devises may be conditioned upon the fulfillment of a FUTURE and UNCERATIN EVENT. In oblicon remember that: A condition is an event which influence the obligation upon happening of a future uncertain event. Note the characteristics of a condition: i. ii. As to its futurity As to its uncertainty. will the and two considered as not imposed and shall in no manner prejudice the heir even if the testator should otherwise provide. Thus regardless of the imposition of an impossible or illegal condition/s the HEIR IS ENTITLED TO INHERIT. It is as if the illegal/impossible condition does not exist. In testamentary dispositions and in donations inter vivos an imposed impossible condition is deemed as not written in the will or in the deed of donation. This is so because the main cause of donation (mortis causa/inter vivos) is not the happening or fulfillment of the condition but the LIBERALITY OF THE DONOR OR TESTATOR. Note that the rules on impossible conditions in obligations and in succession are different.

A testamentary disposition may be subject to the fulfillment of the condition. What are the rights of heirs, legatees, and devisees when the institution is subject to a condition? Ans. The following rules provide for the rights of heirs legatees and devisees in case of conditional institution: RULE # 1 AN IMPOSSIBLE CONDITION IS CONSIDERED AS NOT WRITTEN. RULE # 2 CONDITION NOT TO CONTRACT A FIRST OR SUBSEQUENT MARRIAGE IS VOID. RULE # 3 RELATIVE PROHIBITIONS NOT TO MARRY IS ALLOWED. RULE # 4 NO HORSE-TRADING. RULE # 5 MODAL INSTITUTIONS IS NOT A CONDITION --RULE # 1 AS TO IMPOSSIBLE CONDITIONS-When an impossible condition is imposed, the following provision of law applies: Art.873 Impossible conditions and those contrary to law or good customs shall be

Where in obligations Art.1183 applies: Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. x x x When an obligation subject to the fulfillment of an impossible condition, the obligation which depends on such condition is null and void. Where in Succession Art.873 applies. That impossible conditions are deemed not to be written (not imposed) and do not annul the institution unlike in obligations where the obligation itself is annulled (caution ah! Remember that effect if the condition id divisible from the obligations). And such condition SHALL NOT PREJUDICE THE HEIRS EVEN IF THE TESTATOR SHOULD OTHERWISE PROVIDE. (Absolute!) -- RULE # 2 AS TO THE CONDITION NOT TO MARRY --

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The condition not to contract a first or a subsequent marriage, where such PROHIBITION IS ABSOLUTE as a rule the condition is void and is considered to be not imposed. Thus notwithstanding the void prohibition an heir is entitled still to inherit even if he contracts a first or a subsequent marriage. EXCEPTION (Art. 874) SAD If the condition not to marry is imposed by the testator condition is deemed to be void and thus ineffectual. Thus A is entitled to inherit whether or not he marries.

-- RULE # 4 NO HORSE-TRADING -Art.875 Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. This is also known as Disposition Captatoria, such type of disposition is prohibited under the law. Also known as the you iskrats my pwet I iskrats your pwet rule. BAWAL HO ANG MAGKAMUTAN NG PWET DITO. Kung maari lang po ay sariling-pwet-sariling-kamot lang po tayo. Kasi po malaswa tignan ang kamutan. The reason of the law for such prohibition is that succession is really an ACT OF LIBERALITY which should not be subject to any condition which would make succession as akin to a contractual agreement. THE LAW FROWNS UPON THE MAKING OF A WILL AS PART OF A CONTRACTUAL AGREEMENT BETWEEN PERSONS. BAWAL NGA ANG MAGKAMUTAN NG PWET. SINISIMANGUTAN KA NA NGA NG BATAS HALA! AYAN KAMOT PA RIN! BAKA NGAT FUNGI NA YAN I-TROSYD MO NA! -- RULE # 5 MODAL INSTITUTION OF HEIRS NOT A CONDITION-When the institution of an heir or when a legatee or devisee when a testamentary disposition is subject to a statement of the application of the property left by the testator or when the institution is subject to an object or when Legatee or devisee is stated by the testator is considered as a modal institution.

Spouse himself, or by the

Ascendants of the testator spouse, or by the Descendants of the testator spouse,

the condition is deemed as being VALID. --RULE # 3 AS TO THE RELATIVE PROHIBITION NOT TO MARRY-If the prohibition however is not to marry: i. ii. iii. A certain Person Or within a certain place Or certain period of time

Then the condition is considered VALID. Note the distinction of following examples: In this case the prohibition applies only to maria. Thus if A Condition not to is overcome by marry Maria his fiery love does marry Maria, he is now disqualified from inheriting. Further A is now obliged to return whatever he has received to the estate of T.

As opposed to:

In this case the prohibition being ABSOLUTE, unless imposed by SCondition not to marry A-D, the

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The statement of the object of the institution (explained why an heir is modified) the cause, when the testator imposes upon the heir as to how to apply the property, his statement shall not be considered as a condition. Imposition of a bond (caution musiana) Heirs, legateed, devisees for security. Caution muciana = is the obligation of the heir legatee or devisee to furnish a bond for security for the purposes similar to the usufruct (no inventory required). The purpose to comply with the wishes of the testator as to the object of the institution/casue of the institution. Such hope or expectancy however is protected under the law as the inheritance is now placed under administration until such condition is fulfilled. (Art.880) If it become certain that the EVENT WILL NOT HAPPEN then the inheritance will remain under administration. If it becomes evident though that the CONDITION WILL NEVER OCCUR then the inheritance II) When a testamentary disposition is subject to a RESOLUTORY CONDITION the heir, legatee or devisee becomes entitled to the inheritance from the moment of the death of the testator but THE RIGHT OF THE HEIR, LEGATEE, OR DEVISEE IS SUBJECT TO THE THREAT OF EXTINCTION. The moment the condition id fulfilled the right of the heir, legatee or devisee is extinguished.

--Resolutory and Suspensive conditions in testamentary dispositions-I. Suspensive condition - the efficacy of the obligation is suspended pending the happening of an event or condition. That upon the happening of the condition or its fulfillment, the obligation arises and has thus become effective. II. Resolutory condition the obligation is immediately binding but is resolved or terminated or is extinguished upon the happening or fulfillment of the event.

Note articles 1184 and 1185 Art.1184 The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. (positive condition) Art.1185 The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur. (negative condition) REMEMBER THE RULE THAT IS: The obligation becomes effective from the time indicated has elapsed or when from the time it has become evident that the event cannot occur. --Allowance and Disallowance of Wills (probate proceeding)-PROBATE OF A WILL is a special proceeding (which is neither an ordinary civil action nor a special civil action) the purpose of which is to establish the validity of a will. Such a

Such conditions have the following effects: I) When the institution of an heir or a legatee or devisee is subject to a SUSPENSIVE CONDITION the Heir, legatee or devisee acquires a mere expectancy or hope. Mere expectancy since the heir legatee or devisee inherits only upon the happening of the event. And hope since the nature of a condition being a futurity which is uncertain.

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proceeding concerns itself to three indispensable questions of fact namely: (CID) The court must determine by itself as to the formalities prescribed by law. Notarial will o Strict compliance Substantial compliance

I) II) III)

Testamentary

Capacity

Identity Due execution

Types of probate: i)

Holographic will

--As to Testamentary Capacity-It is indispensable that the testator had the necessary testamentary capacity at the time of the execution of the will. Capacity presupposes that the testator be: i) ii) At least 18 years of age; And of sound mind.

Ante mortem probate Is a probate of a will that takes place within the lifetime of the testator. The court only has to resolve the issue of due execution.

CAPACITY IS DETERMINED AT THE TIME OF THE EXECUTION OF THE WILL. Note as to donation inter vivos. Where in donation inter vivos the capacity of a donor is ascertained at the time of the making of the donation. Which is to be constructed in pursuance to articles 734, 737 and 739 that the making of a donation is perfected from the moment the donor knows of the acceptance of the donee. Capacity of the donor is ergo ascertained AT THE TIME OF THE PERFECTION of the donation. Whereas in donation mortis causa capacity is determined at the time of the execution of the will. -- As to the Identity of a Will -The probate court must determine by itself whether the instrument presented for probate is actually the last will and testament of the testator. No substitution No forgery

ii)

Post mortem probate

Characteristics of a will I. Proceeding in Rem Binding and valid against the world, against all persons notified or not.

II.

Probate of a will is mandatory (sec.1 Rule 75) No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution. Thus remember that the admittance of a will to probate results in the will being conclusive as to its due execution which cannot be assailed or disturbed.

Note the following example:

-- As to Due execution --

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In a probate proceeding there are no defendants as an answer is a prohibited pleading. Only oppositions for the probate of the will are allowed for probate does not

A died survived by his wife B and his brothers C and D. A left a will assigning to his spouse all his properties, the will was admitted to probate. Two years later C and D discovered that the signature of A appearing in the supposed will was actually a forgery made by B. May the probated will be set aside on the grounds of fraud? If not, what is their remedy? Will the action prescribe? Ans. No. the will admitted to probate may not be set aside. Pursuant to the provision of law providing that a probated will is conclusive as to its due execution. Once the order admitting probate become final and executor it can no longer be disturbed. The will not being set aside the remedy of C and D is an action for reconveyance. Where A obtained the property via fraudulent means an implied trust is created. As to prescription, it depends. If the possession of the property is with A then the action of implied trust must be brought within ten years. But if the possession is with C and D the action becomes imprescriptible since the action is now to quiet title. And under the law action for quieting of title has no prescriptive period. Admittance to probate DOES NOT AFFECT the ambulatory character of a will, NOR DOES IT WAIVE OR PREJUDICE the right to revoke a probated will. III. An action for probate of a will is not contentious in character.

IV.

An action prescribe.

An heir who is guilty of unduly delaying the probate of a will may be declared as unworthy and is thus an heir who is disqualified to inherit. Such delay or declaration of unworthiness does not affect the validity of a will. Since a will does not become stale for reason of failure of its presentation for probate within a reasonable amount of time from the death of the testator. Legal effect of a probated will [see comments on item II. on the conclusiveness of a will admitted to probate.]

-- As to the procedure of proving filliation in connection with probate proceedings -Under the family code an illegitimate child may prove his illegitimate filliation in the same manner and upon the same evidence with that of a legitimate child. (Art.175 F. Code) Such evidence includes the naming of a child in a duly executed will. Note that a properly executed will is a public document. May an illegitimate child prove illegitimate filliation even after the death of the putative father? Ans. It depends. The general rule is that the illegitimate child may prove filliation with the use of AUTHENTIC DOCUMENTS then the action to claim illegitimate filliation does not prescribe. Therefore the action may still be filed even after the death of the father.

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The reason being that authentic documents cannot be denied by the father. If the filliation is to be proven by any other means allowed by the rules of court with the use of non-authentic documents however, the action must be brought within the lifetime of the putative father. (Kasi nga naman kung report card nga lang ang ipapakita mo okaya naman picture lang ng putative father mo aba, eh gumastos ka namanmagkano lang ang magpagawa ng birth certificateNAMAN!) -- As to Revocation and Republication of wills -As to what law applies? Revocation done in the Philippines Revocation done outside of the Philippines Philippine law Law of the domicile of the testator The offending spouse named or instituted in the provisions of a will of the innocent spouse, such institution is deemed revoked when a decree of legal separation is issued by a competent court. 2. In case of preterition. Preterition it should be remembered that completely annuls the institution of heirs. And thus works a revocation of a will 3. When the heirs commit acts ingratitude (refer to Art 1032) of

Domiciled Not domiciled

Philippine law Philippine Law

By reason of unworthiness any provisions made in favor of the heir is deemed revoked by operation of law. Note that although he is deprived of his share in the institution he is still entitled in his share in the legitime. (since only a valid disinheritance may deprive an heir of the legitime) And the only way a testator may burden the legitime is when he prohibits partition for a period not exceeding twenty years. 4. Legacy of credit (935-936) A testator may institute any credit owed to him to an heir. However when an action is brought during his lifetime against his debtor for collection of credit, the legacy is deemed revoked

Note that Philippine law applies when: i) Revocation Philippines is done inside the

ii)

Revocation is done outside the Philippines but done by a testator domiciled in the Philippines.

Three modes of revocation I) II) By operation of law Express revocation by some other will, codicil or other document executed as a will Revocation by destruction -- Revocation by operation of law -There are five instances where a will is revoked by operation of law: 1. In legal separation.

III)

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upon the institution of the action. The reason for this is that no person may unjustly enrich himself at the expense of another. There being collection already the heirs cannot collect upon a debtor a debt already paid for. 5. Transformation of bequeathed. (Art.957) the thing b. Made but fails requisites of law c. Is not allowed probate d. revoked based on a false or illegal cause. Note Art.833 A revocation of a will based on a false cause or an illegal cause is null and void. will is the

The legacy or devise shall be without effect if the testator transforms the thing so bequeathed in such manner that it does not retain either the form or the denomination it had. -- As to revocation of wills by another will, codicil or document executed as a will -Any will expressly revoking a previous executed will provided that such subsequent revoking will has been duly executed in accordance to the form prescribed by law and the requisites it asks of it. Doctrine (DDRR) of Dependent Relative Revocation

iv. The previous revoked preferred to intestacy.

What is the effect of a will revoked based on a false cause or an invalid will? Ans. The previous will is REINSTATED. Note that revocation of a will by another will is subject to a suspensive condition being a revoking wills non-admission to probate reinstates the old will. REVOCATION IS DEPENDENT UPON REVOKING WILLS ADMISSION TO PROBATE. -- As to destruction of a will -A will may also be revoked by the overt act of tearing, burning or obliterating. As to destruction the law requires: 1. Testamentary capacity; 2. Physical act; 3. Animus revocandi Note that as to the physical act, the law does not require complete destruction, as long as an overt act to destroy and the intent to destroy exists there is revocation . Thus: THE

The DDRR simply states where a testator revokes his will with the present intention of making a new one immediately as a substitute, and where such new will is not made, or is made but fails the requisites the law prescribes, or when it is not admitted to probate then it is presumed that: THE TESTATOR PREFERRES THE PREVIOUS REVOKED WILL OVER INTESTACY. DDRR Broken down: i. That there is a previous will ii. being revoked by a subsequent will iii. That the said subsequent revoking will is either: a. Not made

Z e n N o t e s f o r S u c c e s s i o n |15
No amount of intention in the world without any physical act will not amount to revocation. Consequently, no amount of physical act, tearing burning or obliterating lacking the intention will amount to revocation. Overt act and the intention to revoke go hand in handwhile walking while swayinghow sweet! The testator or the person requested by him to write his name and the instrumental witnesses of the will shall also SIGN, as aforesaid, EACH AND EVERY PAGE THEREOF, except the LAST, on the LEFT MARGIN, and ALL THE PAGES SHALL BE NUMBERED CORRELATIVELY IN LETTERS PLACED ON THE UPPER PART OF EACH PAGE. The attestation shall state the NUMBER OF PAGES used upon which the will is written, and the FACT that the TESTATOR SIGNED THE WILL AND EVERY PAGE THEREOF, or caused some other person to write his name, under his express direction, IN THE PRESENCE OF the instrumental witnesses, and that the LATTER WITNESSED AND SIGNED THE WILL AND ALL THE PAGES THEREOF IN THE PRESENCE OF THE TESTATOR AND OF ONE ANOTHER. If the attestation clause in a language not known to the witnesses, it shall be interpreted to them. THE LAW REQUIRES OF A NOTARIAL WILL THAT IT BE: I) In writing and in a language or dialect known to the testator Subscribed by the testator at the end thereof Attested and subscribed by no less than three credible witnesses There must clause be an attestation

ERGO: An accidentally destroyed will may still be admitted to probate provided the existence of such a will is established (via secondary evidence) -- As to Revival of wills -A REVIVAL of a will refers to a will re-established by operation of law A REPUBLICATION of a will on the other hand is the re-establishing of a previously useless, or void or revoked will by the testator himself. Republication may be made by reexecution of the original will or by execution of a codicil. Note Art.837 If after making a will, the testator makes a second will expressly revoking the first, the REVOCATION OF THE SECOND WILL DOES NOT REVIVE THE FIRST WILL, which can only be revived only by another will or codicil. --As to the Prescribed form of Wills-Art. 805 states that: Every will other, than a holographic will, must be SUBSCRIBED at the end thereof by the testator himself or by the testators name written by some other person in his presence, and by his express direction, and ATTESTED AND SUBSCRIBED by THREE or more instrumental witnesses IN THE PRESENCE OF THE TESTATOR AND OF ONE ANOTHER.

II)

III)

IV)

Which must contain:

i)

The number of pages upon which the will is written Certification that the testator signed the will and every page thereof in the

ii)

Z e n N o t e s f o r S u c c e s s i o n |16
presence of the three instrumental witnesses iii) The witnesses have to certify that they witnessed the execution of the will and that they themselves had signed the will and every page thereof in the presence of the testator and one another. Subscription is done so as to identify a document as the paper in which the testator executed his last will and testament. And the only way to identify document is by the testators subscription. such

--As to attestation and subscription of the witnesses-The will must be attested and subscribed by three or more credible witnesses in the presence of the testator and if one another. SUBSCRIPTION v. ATTESTATION SUBSCRIPTION is the act of witnesses in affixing their signature in a will for the purpose of identification of the paper upon which the will is written that the same document where the signatures appear is the same document which represents the will executed by the testator. SUBSCRIPTION is whereas ATTESTATION: a mechanical act,

--As to subscription It is a basic and essential element that it be subscribed by the testator himself at the end thereof. SUBSCRIPTION means the signing of a will, the testator must sign the will at the logical end of the will. The logical end being the ATTESTATION CLAUSE. As to the person the testator requested to sign for him the only requisite the law asks of are the following: a. That the subscription be done in the presence of the testator; b. By the testators express direction.

ATTESTATION is an act involving more than a mere mechanical act. ATTESTATION is a MENTAL ACT consisting of witnessing the execution by the testator of his will to see to it, or to take note mentally that the requisites of law are complied with. It also involves the certification of the fact that the signature of the testator appearing in the will exists as a FACT.

Note: the law does not require the person asked to write the name of the testator sign himself. In what manner should the testator sign the will? Ans.He must customary signature. sign the will with his

ATTESTATION v. ATTESTATION CLAUSE ATTESTATION is a mental act consisting of the fact that the instrumental witnesses witnessed the testators execution of a will to see to it the requirement of law are complied with. ATTESTATION CLAUSE on the other hand is that part of the will used to prove the attestation done by the instrumental witnesses. --As to the attestation clause-The attestation clause is the certification of the witnesses as to the:

An x will suffice provided that such mark is the customary signature of the testator. A thumb mark also is sufficient and is allowed by law even assuming that the testator is able to read and write. The reason being that a thumb mark has a distinct character that no two persons have the same one thumb mark. PURPOSE OF SUBSCRIPTION

Z e n N o t e s f o r S u c c e s s i o n |17
i) The number of pages upon which the will is written Certification that the testator signed the will and every page thereof in the presence of the three instrumental witnesses. The witnesses have to certify that they have witnessed the execution of the will and that they had signed the will and every page thereof in the presence of the testator and of one another. that the testator has signed his will in the presence of all of us. --Substantial Compliance-Art. 809 provides the following: In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall NOT RENDER THE WILL INVALID if it is proved that the will was in fact executed and attested in SUBSTANTIAL COMPLIANCE with all the requirements of art.805. Note that substantial compliance applies only as to: i) ii) Form of the attestation In the therein language used

ii)

iii)

Note: Insofar as the testator is concerned the law requires that the will is executed in a language known to the testator. As for the attestation clause there exists no requirement.

Note further that: The facts in the attestation clause are indispensable for the validity of a will, any deviation in this renders a will VOID. There is SUBSTANTIAL COMPLIANCE where the attestation clause fails to state the number of pages upon which the will is written, but where such fact can be discerned from the other parts of the will. --Institution of Heirs-Statutory Definition: Is an act by virtue of which a testator designates in his will or names in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. The right to institute mind you is NOT ABSOLUTE, remember that such right is still subject to the system of legitimes. Where the law reserves a portion of the testators estate for the benefit of his compulsory heirs. Therefore when the testator institutes an heir, such institution pertains only and is limited

The last paragraph of art.805 provides thus: If the attestation clause is in a language no known to the instrumental witnesses it shall be translated to them. The only thing the law requires if the attestation clause is in a language not known to the witnesses is its translation to them. Note the cases of: Azuela v. CA Taboada v. Rosal Singson v. Florentino In re: will of Andrada --A complete attestation clause-This will containing three pages has been signed by all of us in the presence of all of us and

Z e n N o t e s f o r S u c c e s s i o n |18
only within the value of the free portion, or disposable free portion as the case may be. BUT if a testator has no compulsory heirs then the limitation does not exist and that he may dispose of by sill the entirety of his estate or any part of it in favor of any person having capacity to succeed. Who may be instituted? Ans. Anybody having capacity to inherit may be instituted as a voluntary heir. In fact even compulsory heirs can be instituted. In that instance compulsory heirs inherit thus from the legitime and from the free portion. Art.887 the compulsory heirs: following are because the law has reserved it for certain heirs called compulsory heirs. When a testator is survived by one class of compulsory heirs the estate is divided into two parts. One half being the legitime, that reserved by law specifically for compulsory heirs, and the other part being the free portion subject to the disposition of the testator. --The statement of a false cause in the institution-The statement of a false cause for the institution of an heir is considered to be as if it were not written at all. This is so since a donation mortis causa is primarily based on the liberality of the testator. BUT if it appears from the will that the testator would not have made such an institution if he had known the falsity of the cause then the institution is rendered void. ERGO: If the PRIMARY CONSIDERATION of the testator in the institution is LIBERALITY then the false cause is deemed not written, and the institution remains valid. But if the PRIMARY CONSIDERATION of the testator is the FALSE CAUSE then the institution is to be rendered as void. And if no other heir exists to inherit then automatically the estate shall be distributed in intestacy as if no will was made.

a. Legitimate children and descendants with respect to legitimate parents and ascendants; b. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; c. The widow or widower; d. Acknowledged natural children, and natural children by legal fiction; e. Other illegitimate children.

Note: That nothing from the aforequoted provision is there a mention of the testators brothers or sisters, or uncles, aunts nieces or nephews. Note further: That brothers and sisters, uncles and aunts, nephews and nieces are not compulsory heirs. They inherit only in intestacy. NOTE: Art.886 Legitime is that part of the testators property which he cannot dispose of

--As to the substitution of heirs-With respect to Art. 857 Substitution Of heirs is the appointment of another heir so that he may enter into inheritance in default of or in the absence of the heir originally instituted.

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Default or absence of heirs may take the form of: i) ii) iii) Repudiation Predeceasing or Incapacity. and the second heir are alive at the time of the death of the testator. Art.863 Fideicommissary heir holds the property as a beneficial owner, having the right to use it and as to its fruits. Where the heredero is but a mere naked owner. A fiduciary is obliged to do two things: i) ii) Preserve the inheritance; And to transmit it.

Note that a voluntary heir when defaulted transmits nothing to his descendants, since no right of representations exists with voluntary heirs. Principle of

ISRAI

The following shall be followed as to preference and priority of substitution:

Instituted heir Substituted heir Right of representation (if proper)

right of

A fiduciary therefore cannot dispose of the property subject to inheritance. And while he is in possession he has the right to enjoy the property subject to his obligations of course. Note however that because the fiduciarys obligations he is not a mere transmit point. Though closely resembling a usufruct, unlike a usufruct however a fideicommissary heir is under NO OBLIGATION to post a bond and to make an inventory. --Reserva Troncal

Accretion
mode of

Intestate heirs (intestacy being the

least preferred succession)

There is four ways of substituting heirs which are: i) ii) Simple or Common Brief Compendious Reciprocal, or Fideicommissary. or

Art.891 The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous
The The relatives relatives of of the the third third degree degree to to be be counted counted from from the the propositus propositus

iii) iv)

Fideicommissary substitution of heirs is that kind of substitution that: By virtue of which the first heir instituted also known as the fiduciary is entrusted with the obligation to preserve and transmit to a second heir (heredero) the whole or part of the inheritance. Provided that such substitution shall not go beyond one degree from the heir originally instituted and provided further that the first heir Resrvatari Resrvatari os os

ORIGIN

Ascendant Ascendant Reservista Reservista

Gratuitous Gratuitous title title

title from another

Operation Operation of of law law

Descendant Descendant Propositus Propositus

Z e n N o t e s f o r S u c c e s s i o n |20
ascendant or a brother or a sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. I) II. III. IV. Descendant Propositus Ascendant Reservista Reservatarios

ORIGIN

The origin of the property is the person from whom the property comes from. He may be an ascendant or a brother or a sister of the Descendant propositus. HE IS NEVER PROPOSITUS. THE DESCENDANT OF THE

Reserva troncal is an extraordinary reservation of property in succession, being an exception to the system of legitimes as well as the order of intestate succession. The property will not form part of the estate of the decedent, since said reserved property is transmitted to the heirs of another person belonging to a particular line. Reserva troncal is also known as BALONGS QUESTION FROM THE GREAT BEYOND. This is also termed in some circles as BALONGS RULE TO WHAT NOT-TODO WHEN ASKING YOUR TEACHER A QUESTION. Note Art.774 that from the moment a person dies all his rights and all his properties which are transmissible in nature are transmitted to his heirs, legatees and devisees. In reserva troncal however a property is said to be reservable in character, if such property is the only property of the deceased then the compulsory heirs are not entitled to their legitimes. --The four personalities in Reserva Troncal I. Origin

Note that the relationship between the origin and the descendant propositus must be legitimate because there is NO RESERVA TRONCAL IN ILLEGITIMATE FAMILIES. But the law allows reserva troncal in case of legitimate half-brothers and/or half-sisters.

II)

DESCENDANT PROPOSITUS is a

The recipient of the property descendant, sister or brother of the origin.

IN THE HANDS OF THE PROPOSITUS THE PROPERTY IS NOT YET RESERVABLE. This is so because the propositus may prevent the property from becoming reservable by the simple expediency of destruction or sale to third persons.

III)

RESERVISTA

Is the ascendant that obtains the property from the descendant propositus VIA OPERATION OF LAW. He is always an ascendant of the propositus. This relationship between them is fixed, unlike the relationship of the origin and the propositus which is varied.REMEMBER THAT THE REALTIONSHIP, ALL OF IT, MUST BE LEGITIMATE.

Z e n N o t e s f o r S u c c e s s i o n |21
The fact however that the property has been received by the reservista does not make the property reservable as a number of conditions must still be met. The rule is, assuming that the property is already reservable, in reserva troncal the property is already EXCLUDED FROM THE ESTATE OF THE RESERVISTA. The reservistas compulsory heirs therefore are not entitled to the property so reserved. Even if the reserved property be the only property the reservista left behind. This is so because reserva troncal is an exception to the system of legitime, and to the order of intestate succession. II) The transmission is via GRATUITOUS TITLE; ( donation, inherit through system of legitimes, or inherit intestacy) Propositus dies LEGITIMATE ISSUE; WITHOUT

III)

IV)

Upon the death of the propositus the reservista acquires the property via OPERATION OF LAW.

If property is given will as legatee or devisee, or sold to the reservists, there is no reserva troncal. Unlike a fideicommissary heir a reservista becomes the absolute owner of the inheritance, subject to the reserva. Afiduciary on the other hand is but a beneficial owner of the inheritance. Being an absolute owner, the reservistas claim on the property terminates upon his death. And thus transferres the ownership to the reservatarios. Note that if a reservista sells an immovable reserved property to an innocent purchaser for value, registered and the period of one year has lapsed, the reserva is lost forever. This is so because a buyer has a right to rely on the certificate of title, and for the protection of the reservatarios they have to cause the annotation of their right on the certificate of title. subject to the reserva doesnt not mean however that the reservista could not dispose of the property so reserved. It only means that if the property is lost the reservatarios have the right to recover the value of the property from the estate of the reservista. That is if the estate is solvent. If it is not solvent then the right is lost without recourse to recovery. --As to Legitime

IV) RESERVATARIOS

Are those relatives belonging to the line from which the property came from. The reserved property is so reserved for their benefit. Their presence thus is an indispensable requirement in Reserva Troncal. Their nonexistence thus entitles the heirs of the reservista to inherit the reserved property. Since the existence of the reservatarios is a CONDITION SUBSEQUENT. Reserva troncal arises only at the time of the reservistas death where upon this time there are reservatarios whos existence determines the reservable character of the property. They are the 3rd degree relatives of the propositus belonging to the line from whence the property came. They inherit from the propositus and not from the reservista. Note that relatives within the third degree includes the father, mother grandfathers, grandmothers uncles aunts great grand fathers and great grandmothers, OF THE LINE FROM WHENCE THE PROPERTY CAME FROM. --ESSENTIAL REQUISITES OF RESERVA TRONCAL-I) Origin TRANSMITS property to the propositus;

Z e n N o t e s f o r S u c c e s s i o n |22
Art.886 Legitime is that part of the testators property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. As a general rule the legitimes of compulsory heirs consists in one half of the value of the estate, if only one class of compulsory heirs survive. The surviving spouse however provides for a number of exceptions: o As a general rule the surviving spouse gets 1/2 of the estate But when the marriage between the testator spouse and the surviving spouse is contracted in ARTICULO MORTIS where the testator spouse dies within three months thereafter the surviving spouse gets only 1/3 of the estate. But if it can be proven that such marriage so contracted the spouses had lived as husband and wife for FIVE YEARS prior to the celebration of the marriage then the surviving spouse gets 1/2 of the estate of the decedent. Atsaka kung sinisigurado mo na rin lang ang artikulo mortis rule na ito eh aba siguraduhin mo na ring may mamanahin ha mula sa asawa mo! Dios Mio! Also remember that PRIMARY COMPULSORY HEIRS (#s 1,3 & 4) are never excluded from their legitimes (except in the case of reserve troncal). And that SECONDARY COMPULSORY HEIRS (#2) inherit only in default of primary compulsory heirs. o Where the testator is LEGITIMATE #2 is excluded by #1. Where the testator ILLEGITIMATE #2 excluded by #s1 and 4. is is

Where the parents are illegitimate, they inherit only in default of or in the absence of descendants whether legitimate or illegitimate. -- As to the legitimes of COMPULSORY HEIRS (If survival is of one class only) I. LEGITIMATE CHILDREN AND THEIR LEGITIMATE DESCENDANTS.

The legitime is equal to ONE HALF of the estate of the the testator, where the remaining division is the free portion. The law also provides that legitimate descendants of legitimate children may inherit. Thus if the legitimate child predeceases the testator the legitimate descendants of legitimate children inherit via RIGHT OF REPRESNTATION. Their share is per stimpes. Note that no legitimate child may be represented by an illegitimate descendant.

Anak ng kabute! Kaya nga kapagka nagasawa ka at nai-kasal kayo sa lumulubog na barko na nakabangga ng isang supot ng ice tubig at kinasal kayo ng isang barbas saradong kapitan, eh siguraduhin mong nag live-in muna kayo ng mga limang taon para mas malaki ang porsyento mosiguraduhin mo ring marunong kang lumangoy.

Z e n N o t e s f o r S u c c e s s i o n |23
However illegitimate descendants may inherit via right of representation if the parent they inherit from (they represent) are themselves illegitimate. their descendants illegitimate. whether legitimate or

IL (ill)=cannot inherit II (aye aye!)=can inherit Also:

Thus in the problem given:

AA
illegitimate child of A cannot inherit from C the legitimate C D C D child, relative, of his father/mother A. B also cannot inherit from C the illegitimate relative of his father/mother A. ANAK NG TINAPA TALAGA NAMAN ANG BATAS ANO?...ANDAYA?! KAYA NGA THIS IS THE IRON CURTAIN THAT SEPARATES LEGITIMATE FAMILIES FROM ILLEGITIMATE FAMILIES. II. LEGITIMATE PARENTS ANS THEIR ASCENDANTS D the

Where T has two children a a legitimate child and B an illegitimate child. Both children leave behind children both legitimate and illegitimate. A leaving behind C a legitimate child and D an illegitimate child. B has E a legitimate child and F an illegitimate child. Suppose A and B predecease T, which grandchildren would inherit from T? Ans. Only C, E and F will inherit. D will not inherit since he is barred by law. Art.992 applies. The illegitimate child has no right to inherit AB INTESTATO from the legitimate relatives of his father or his mother ; nor shall such children or relatives inherit in the same manner from the illegitimate child. Where D cannot inherit from T on account of his illegitimate filiation, T also cannot inherit from D for the same reasons. F the illegitimate child of an illegitimate child on the other hand can inherit where Art.902 applies. The rights of illegitimate children set forth x x x are transmitted upon their death to

As to legitimate parents they receive of the value of the estate provided however that the testator has no legitimate children. Remember that Legitimate parents and ascendants are SECONDARY COMPULSORY HEIRS, that they inherit only in default of legitimate children. And in case the testator is illegitimate, such illegitimate parents are also excluded by the existence of illegitimate children. The shares are divided per stirpes meaning that the shares are divided between the maternal and paternal lines, where proper. Erpat Ermat

Thus:

Z e n N o t e s f o r S u c c e s s i o n |24
But his/her subject is reduced to one third when the following concur: 1. The marriage between the testor spouse and the surviving spouse was celebrated in ARTICULO MORTIS; 2. And, that the testator spouse died within three months from the time of the celebration of the marriage. In the example given above, t having no descendants, therefore a and b inherits half of ts estate via having been reserved by law for them. Suppose a and b predecease t which results in that c, d, e and f will inherit per stimpes. Meaning that the ascendants of a gets his share, and bs ascendants gets hers as well. But note that ASCENDANTS HAVE NO RIGHT TO REPRESENT, they inherit in their own right. Suppose only b predeceases t, will all ascendants inherit? Ans. No, in this case only a would inherit since the rule on proximity now applies, THE NEARER RELATIVES EXCLUDE THE FARTHER AND MORE REMOTE. III. SURVIVING SPOUSE If The only survivor is the spouse they rule is: i) His/her legitime is one half of the estate of the testator. And by way of the exception, one third of the estate of the testator spouse. And by way of the exception to the exception the legitime returns to one half of the estate of the testator. But if the testator spouse and surviving spouse have been living as husband and wife for a period of five years prior to the celebration of the marriage the legitime of the surviving spouse is one half. Note in cases of legal separation the GUILTY SPOUSE is disqualified from inheriting, testate or intestate, from the innocent spouse. His/her institution in the will of the innocent spouse is also revoked. It follows that this revocation follows only after issuance of a valid decree of legal separation. But if the institution happens after the issuance of a valid decree of legal separation then the institution is valid. The INNOCENT SPOUSE is entitled to inherit from the guilty spouse. IV. ILLEGITIMATE CHILDREN.

ii)

They are entitled to their legitimes in the value of one half of the estate of the Testator, their legitimate as well as their illegitimate heirs are entitled to inherit. Note that illegitimate children concur with legitimate parents. But the former excludes the latter when the testator is illegitimate. Note that if only one class of heirs survive 3 classes have a fixed legitime while the surviving spouse has a variable legitime. Thus: #1 LC = 1/2 #2 LP = 1/2 #4 IC = 1/2

iii)

Pursuant to art.900: As a general rule the legitime of a surviving spouse where there are no other class of compulsory heirs is one half of the estate of the testator.

As to the surviving spouse: #3 SS = 1/2 as a general rule

Z e n N o t e s f o r S u c c e s s i o n |25
Exception = 1/3 Exception to the exception = 1/2 --As to concurrence of compulsory heirs-COMB O 1-3 If T is Legitimate If T is illegitimate SAME (legal succession, forced succession succession by operation of law) This type of succession takes place when a person dies: (i) without a will (i) or with a will which is not admitted to probate (iii) or by a will which does not dispose of the entire estate of the decedent. --The Fifteen! >slip, CRASH!< Oi vey! Ten! Ten Commandments of Intestate Succession! -I. CONCURRENCE OF HEIRS II. PREFERENCE OF LINES SAME III. PROXIMITY IV. RIGHT OF REPRESENTATION V. THE JON BON JOVI PRINCIPLE: ALWAYS SAME VI. REPUDIATION OF HEIRS (a.k.a the 0.01% principle) VII. ROR and OR of NIECES AND NEPHEWS VIII. II-IL IRON CURAIN RULE IX. AN HEIR WHO REPUDIATES HAS NO RIGHT TO BE REPRESENTED BUT HIMSELF MAY REPRESENT X. EQUALITY exceptions) IP=1/4 SS=1/4 no 2-4 combo I. CONCURRENCE OF HEIRS In the order of intestate succession there are INTESTATE HEIRS WHO ARE COMPULSORY HEIRS and there are those intestate heirs who are not compulsory heirs who are thus only POTENTIAL INTESTATE HEIRS. The 1 2 3 4 heirs of the decedent themselves are ipso facto intestate heirs. As a rule they are never excluded from the inheritance. As to those potential intestate heirs they inherit only in the absence of certain classes of intestate heirs. PRINCIPLE (subject to three

a) 1LC=1/2 SS=1/4 b) 2LC=1/2 SS=share of one LC

1-4

LC=1/2 IC=1/2 of the share of one LC

1-3-4

a) 1LC=1/2 SS=1/4 IC=1/2 of the share of one LC b) 2LC=1/2 SS=share of one LC IC=1/2 the share of one LC

2-3

LP=1/2 SS=1/4

2-4

LP=1/2 IC=1/4

2-3-4

LP=1/2 SS=1/8 IC=1/4

No 2-3-4 combo

3-4

SS=1/3 IC=1/3

SAME

INTESTATE SUCCESSION

Z e n N o t e s f o r S u c c e s s i o n |26
II. PREFERENCE OF LINES The rule in testate succession is the same in intestate succession, as to the principle of preference of lines. Thusly stated: (i) The relatives in the direct descending line exclude the relatives in the direct ascending line and the relatives in the collateral line. (ii) The relatives in the direct ascending line exclude the relatives in the collateral line. (iii) The relatives in the collateral line exclude no one. Note that the collateral realtives of the decedent concur only with the surviving spouse of the decedent. Therefore: Where A the decedent is survived by his father B a daughter C and a brother D, who will inherit from his estate? Ans. Only C will inherit, to the exclusion of the ascendant B and the collateral relative D. In this case where decedent A is survived by his spouse B and an illegitimate son C and his sisters D,E, and F. Only B and C may inherit from A since the illegitimate child C excludes D, E and F. But if C predeceases A then D, E and F may now inherit from their brother A concurring with his wife B.

D
Suppose:

I J

B A C

But suppose: were illegitimate, who will

C, As daughter inherit?

Ans. Both B the ascendant and C the descendant will now concur as intestate heirs. Note that although an illegitimate child concurs with an ascendant, an illegitimate child still excludes the collateral relatives in the absence of the ascendant. Suppose: