Definition of terms [1] Testate or testamentary succession refers to situations where the person dies leaving a last will.

[2] Legal or intestate succession refers to situations where the person died without a last will. [3] Decedent: the person who dies and whose property is to be divided [4] Testator: the person who dies leaving a last will [5] A notarial will is prepared and notarized by a notary-public; besides the testator, three attestation witnesses must sign the will. [6] A holographic will is completely written, signed, and dated by the person making the will. [7] Article 918 of the New Civil Code states the requisites of a valid disinheritance. [8] Article 921 of the New Civil Code states the grounds for disinheriting a spouse. [9] The law is strict in the matter of disinheritance. If the requisites are not complied with, the disinheritance can be set aside. [10] Whether notarial or holographic, the will must be probated before it can be given effect. Probate simply means that the will must be filed with and approved by the proper court. If the will has not been probated, ownership of real or personal properties mentioned in the will cannot be transferred to the heirs, and any disinheritance cannot be given effect. The requisites of valid disinheritance under Art. 918 of the New Civil Code are:

[1] It must be done in a valid will; [2] It must be express; [3] There must be a true cause; [4] The cause must be existing; [5] It must be total and complete; [6] The cause must be stated in the will; [7] The heir disinherited must be identified; [8] The will must not have been revoked. The grounds for disinheriting a spouse under Art. 921 of the New Civil Code are: [1] When the spouse has been convicted of an attempt against the life of the testator, his or her descendants or ascendants; [2] When the spouse has accused the testator of a crime punishable by imprisonment of six years or more, and the accusation is false; [3] When the spouse, by fraud, violence, intimidation or undue influence causes the testator to make a will or to change it; [4] When the spouse has given cause for legal separation; [5] When the spouse has given grounds for loss of parental authority; [6] Unjustifiable refusal to support the children or the other spouse. Distribution of the estate based on who are the surviving compulsory heirs: 1. Spouse ONLY (without surviving parents or children) the Spouse shall inherit 1/2 of the estate and the other half the testator may already freely dispose. Article 900 of the Civil Code 2. Spouse and ascendants (without children) - Spouse inherits 1/4 of the estate, and the ascendants (assuming there are two still surviving) shall inherit 1/4 each, 1/4 shall remain as free disposable portion. Article 893 of the Civil Code 3. Spouse and legitimate children - Children gets half of the estate and spouse gets 1/4 of the estate; the remaining 1/4 is free disposable portion; if there are two or more legitimate children, the spouse shall inherit equally with the children. Article 892 of the Civil Code

4. Spouse and only one illegitimate child - Child gets 1/3 and spouse gets 1/3, the remaining 1/3 is the free disposable portion. Article 894 of the Civil Code 5. The legitime of an illegitimate child who is an acknowledged natural child or a natural child by legal fiction is 1/2 the share of a legitimate child. Article 895 of the Civil Code 6. The legitime of an illegitimate child who is neither the above is 4/5 the share of an acknowledged natural child. Article 895 of the Civil Code