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CHARACTERISTICS OF SUCCESSION:

1.Mode of acquisition 2.The property, rights & obligations to the extent of the value of the inheritance transmitted 3.The transmission takes place only by virtue of death 4.The transmission takes place either by will or by operation of law 5.The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting of the successional right) :

1.Death of the decedent 2.Express will of the testator calling succession and/or provision of law prescribing successors 3.Rights or properties are transmissible 4.Transferee is still alive (didnt predecease) 5.Transferee is capacitated to inherit 6.Acceptance of the inheritance by the successor

KINDS OF SUCCESSION: 1. Testamentary succession by will 2. Intestate succession in default of a will 3. Mixed

Treatment of accruals under the laws of succession:

a. Article 793 refers to accruals after the making of the will b. Article 781 refers to accruals after the death of the testator

a. Article 793 accruals dont always pertain to the testate heirs b. Article 781 accruals will always pertain to the testate heirs

Will 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.

Validity of wills

Extrinsic For Filipinos For Foreigners 1. Governing law as to time Article 795 law in force when will was executed Same rule (assumption: will is being probated here) 2. Governing law as to place

Intrinsic For Filipinos For Foreigners 1. Governing law as to time Article 2263 law at time of death Article 16, Article 1039 depends on personal law 2. Governing law as to place Article 16, Article 1039 Philippine law

Law of citizenship Article 16, Article 1039 national law Law of citizenship Law of domicile Law of domicile Law of residence Law of residence Law of place of execution Law of place of execution Philippine law Philippine law

Testamentary Capacity 1. All persons not expressly prohibited by law 2. 18 years old and above 3. Sound mind

2 Kinds of Wills:

Notarial will Articles 804-806, & 807-808 in special cases Holographic Articles 804 & 810

Common requirements that apply to the 2 kinds of wills 1. In writing 2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL: 1.In writing 2.Executed in a language or dialect known to the testator 3.Subscribed by the testator himself or by the testators name written by some other person in his presence & under his express direction at the end thereof, at the presence of witnesses 4.Attested & subscribed by at least 3 credible witnesses in the presence of the testator and of one another 5.Each & every page must be signed by the testator or by the person requested by him to write is name, & by instrumental witnesses in the presence of each other, on the left margin 6.Each & every page of the will must be numbered correlatively in letters placed on the upper part of each page 7.Must contain an attestation clause, stating the following: a.The number of pages of the will b.Fact that the testator signed the will & every page in the presence of witnesses, or caused some other person to write his name under his express direction c.All witnesses signed the will & every page thereof in the presence of the testator & of one another d.Must be acknowledged before a notary public

Additional requisite if deaf or mute: Must either: 1. Read will personally, if able to do so; 2. Otherwise, he shall designate 2 persons to read it & communicate to him the contents

Additional requisite if blind: Will shall be read to him twice: 1. Once by one of the subscribing witnesses 2. Once by the notary public before whom it is acknowledged

REQUISITES OF HOLOGRAPHIC WILL: 1.In writing 2.Executed in a language or dialect known to the testator 3.Entirely written, dated & signed by the hand of the testator himself AMENDING A WILL: A.Notarial will can only be amended through a codicil B.Holographic will can be amended in 3 ways: 1.Dispositions may be added below the signature, PROVIDED that said dispositions are also dated & signed & everything is written by the hand of the testator himself 2.Certain dispositions or additional matter may be suppressed or inserted PROVIDED that sad cancellation is signed by the testator & is written by the testator himself (no need to be detailed) 3.Executing a codicil which may either be notarial or holographic

Effect of cancellation, addition insertion), or erasure on the validity of the will 1.If made by the hand of the testator & authenticated by him: alters the will without affecting its validity 2.If made by the hand of the testator but was not authenticated by him: deemed as if not written at all 3.If made by testator but not handwritten: entire will is nullified 3.By a stranger & the testator has authenticated the same: entire will is nullified 4.Made by a stranger but not authenticated by the testator: deemed as if not written at all

What is a codicil? It is a supplementary or addition to a will, made after the execution of the will & annexed to be taken as part by which any disposition in the original will may be explained, added to or altered.

Qualifications of a witness and a testator: Witness 1.At least 18 years old 2.Physically fit (not deaf, dumb, blind) 3.Literate, able to read and write 4.No prior conviction for perjury/false testimony/falsification 5.Not the notary public before whom the will is acknowledged 6.Sound mind 7.Domiciled in the Philippines Testator 1.Same 2.May be blind, deaf or deaf-mute 3.No literacy requirement 4.No such requirement 5.No such requirement 6.Same 7.No such requirement

REVOCATION OF A WILL:

1.By implication of law 2.By the execution of a documentation with all the requisites of a will 3.By the physical act of destruction coupled with the intent to revoke

PROBATE It is a the special proceeding by which the validity of a will maybe established Matters to be proved in a probate: 1.Whether the instrument which is offered for probate is the last will and testament of the decedent 2.Whether the will has been executed in accordance with the formalities prescribed by law 3.Whether the testator had testamentary capacity at the time of the execution of the will

GROUNDS FOR DISALLOWANCE OF A WILL:

1.The testator did not possess testamentary capacity at the time of execution 2.The testator failed to comply with prescribed formalities 3.The execution of the will is attended by a vice of consent

INSTITUTION OF HEIR an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations Requisites for a valid institution of heir: 1.Designation in will of person/s to succeed 2.Will specifically assigns to such person an inchoate share in the estate 3.The person so named has capacity to succeed 4.The will is formally valid 5.No vice of consent is present 5.No preterition results from the effect of such will

3 principles in the institution of heirs: 1.Equality: heirs who are instructed without a designation of shares inherit in equal parts 2.Individuality: heirs collectively instituted are deemed individually named unless contrary intent is proven 3.Simultaneity: when several heirs are instituted, they are instituted simultaneously & not successively

Rules regarding a persons right to dispose of his estate: 1.If one has no compulsory heirs: a.He can give his estate to any person qualified to inherit under him b.However, he must respect restrictions imposed by special laws

2.If one has compulsory heirs: a.He can give only the disposable portion to strangers b.Legitimes of compulsory heirs must be respected or not imapired

PRETERITION: 1. There must be an omission of one, some or all of the heir/s in the will 2.The omission must be that of a COMPULSORY HEIR 3.Compulsory heir omitted must be of the DIRECT LINE 4.The omitted compulsory heir must be LIVING at the time of testators death or must at least have been CONCEIVED before the testators death

Effects of preterition: 1.The institution of heirs is annulled 2.Devises & legacies shall remain valid as long as they are not officious

DISINHERITANCE It is the act by which the testator, for just cause, deprives a compulsory heir of his right to the legitime. Preterition vs. PRETERITION 1.Tacit deprivation of legitime 2.May also be voluntary but is presumed to be involuntary (as its an omission to mention as an heir or though mentioned, isnt instituted as an heir) 3.Presumed by law to be a mere oversight 4.Compulsory heir is merely restored to his legitime Disinheritance 1.Express deprivation of legitime 2.Always voluntary

3.Legal cause is present 4.Even a compulsory heir may be totally excluded

Requisites for a valid disinheritance 1.Heir disinherited must be designated by name or in such a manner as to leave no room for doubt as to who it is intended 2.Disinheritance must be for a cause designated by law 3.It must be made in valid will 4.It must be made expressly, stating the cause in the will itself 5.Cause must be certain & true, & must be proved by interested heirs if the person disinherited should deny it 6.It must unconditional

7.Must be total

Summary of causes of disinheritance Grounds for disinheritance of: Children/Descendants L or I 1.Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant 2. Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found groundless, false 3. Convicted of adultery or concubinage with spouse of testator / decedent Parents/ascendants L or I 1. Abandonment of children or inducing children to live corrupt and immoral life or attempted against their virtue 2.Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant Spouse

4. Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue influence 5. Unjustified refusal to support testator

1.Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant 2. Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found groundless, false 3. Accused testator/ decedent of 3. Causes testator/ decedent crime punishable by imprisonment to make will or change one of more than 6 years, found by fraud, violence, groundless, false intimidation, or undue influence 4. Convicted of adultery or 4. Gave cause for legal concubinage with spouse of separation testator / decedent 5. Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue influence 6. Loss of parental authority 5. Loss of parental authority

6. Maltreatment of testator by word & deed 7. Leading a dishonorable or disgraceful life 8. Conviction of crime which carries penalty of civil interdiction

6. Unjustified refusal to support children or other spouse

7. Unjustified refusal to support children or descendants 8. Attempt by one parent against life of the other UNLESS theres reconciliation between parents

Causes of vacancy in succession: 1. disinheritance 2. repudiation 3.incapacitated / predecease

How are vacancies filled: 1.Substitution 2.Representation 3.Accretion

Classes of substitution 1. Singular or vulgar substitution a. Simple b. Brief c. Compendious d. Reciprocal 2. Fideicommissary Substitution FIDEICOMMISSARY SUBSTITUTION A substitution is a fideicommissary substitution if the testator institutes an heir with an obligation to deliver to another the property so inherited. The heir instituted to such condition is called the first heir or fiduciary heir, the one to receive the property is the fideicommissary or second heir. Requisites of a fideicommissary substitution: 1.A 1st heir or fiduciary is first called to the enjoyment of the property so inherited 2.A 2nd heir or fideicommissary substitute 3.An obligation clearly imposed on the fiduciary to preserve & transmit the property to a fideicommissary substitute 4.The substitution doesnt go beyond the 1st degree of the fiduciary 5.The fideicommissary substitution is made expressly 6.Both the fiduciary & the fideicommissary substitute are living or at least conceived at the time of the death of the testator 7.The fideicommissary substitution is imposed on the free portion of the estate & not on the legitime

LEGITIME - It is that part of the testators property which he cannot dispose of because the law has reserved it for certain heirs called compulsory heirs. Different classes of heirs: 1.Voluntary heirs succeed by virtue of a will 2.Legal or intestate heirs succeed by operation of law in the absence of a will 3.Compulsory heirs succeed because the law reserved for them

Classes Compulsory Heirs:

1.Primary a.Legitimate children & their descendants (legitimate) b.Surviving spouse (legitimate) c.Illegitimate children & their descendants (legitimate or illegitimate) 2.Secondary a.Legitimate parents & ascendants (legitimate) inherit only in default of 1a b.Illegitimate parents (no other ascendants) inherit only in default of 1a & 1c Summary of legitimes of compulsory heirs: 1.Surviving relatives 2.Legitimate children & descendants 3.Surviving spouse 4.Illegitimate children 5.Legitimate parents & ascendants 6.Illegitimate parents

1. LC alone (divided by the # of children)

2. 1LC

SS

Surviving relatives Legitimate children & descendants

Surviving spouse Illegitimate children Legitimate parents & ascendants Illegitimate parents Legitimate children Surviving spouse (divided by no. of children) Same as the share @ legit child

Legitimate children Illegitimate children

of the share of @ legit child

1 legitimate child surviving spouse illegitimate children

of the share of @ legit child

2 or more legitimate children surviving spouse Illegitimate children (divided by no. of children) Same as the share of @ legit child of the share of @ legit child

Legitimate parents alone

Legitimate parents Illegitimate children

Legitimate parents Surviving spouse

Legitimate parents Surviving spouse Illegitimate children

1/8

Illegitimate children alone

(divided by no. of children)

Illegitimate children Surviving spouse

1/3 1/3 (divided by no. of children)

Surviving spouse alone

or 1/3 if marriage in articulo mortis

Illegitimate parents alone

Illegitimate parents Surviving spouse

Remedy of compulsory heir in case of impairment of legitime: 1. If the impairment is total them there may be preterition if the compulsory heir preterited is either an ascendant or descendant. Article 854 would come into play (annulment of institution of heir & reduction of devises and legacies) 2. If the impairment is partial, then the compulsory heirs is entitled to completion of legitime under Article 906 3. If the impairment is thru donation, then remedy is collation.

RESERVA TRONCAL It is that part of the decedents property that an ascendant, who inherits by operation of law from his descendants which the latter may have acquired by gratuitous title from another ascendant or sibling, is obliged by law to reserve such property for the benefit of 3rd degree relatives who belong to the line from which the property which otherwise will go to certain specific heirs but which law reserves to certain predetermined heirs.

Order of payment in case estate is INSUFFICIENT to cover legacies & devises 1. Remuneratory legacies or devises 2. Preferential legacies or devises declared by testator 3. Legacies for Support 4. Legacies for Education 5. Legacies or devises for Specific, determinate thing 6. All others, pro-rata

Causes for legal or intestate succession Person dies without a will Person dies with void will Person dies with a will that subsequently loses validity Will doesnt institute an heir or institution is void Will doesnt dispose of ALL property belonging to the testator Suspensive condition attached to the institution of the heir doesnt happen or isnt fulfilled Heir predeceases, or repudiates the inheritance Incapacity of the heir

2 fundamental underlying principles in legal or intestate succession

Rule of Proximity nearer exclude the more remote Rule of Equal Division equal division within the same group

Grounds when the right of representation will be available:

Disinheritance Incapacity Predecease

Who can exercise right of representation Intestate succession only: heirs in the collateral line, but only in favor of the children of siblings Both testate & intestate succession: heirs in the descending line, NEVER in the ascending line Order of Intestate succession of a legitimate child, an illegitimate child and an adopted child Legitimate Child Illegitimate Child Adopted Child 1 Legitimate child and legitimate descendants legitimate child & legitimate descendants legitimate child & legitimate descendants 2 Legitimate parents & legitimate ascendants illegitimate children & legitimate or illegitimate descendants illegitimate children & legitimate or illegitimate descendants 3 Illegitimate children & left or illegitimate descendants illegitimate parents legitimate or illegitimate parents & legitimate ascendants, adoptive parents 4

Surviving spouse surviving spouse surviving spouse 5 Legitimate siblings, nephews, nieces illegitimate siblings, nephews, nieces siblings, nephews, nieces 6 Legitimate collateral relatives State State 7 State

Order of succession & concurrence in intestate succession Intestate Heir Excludes Excluded By Concurs With Legitimate children & Legitimate descendants Ascendants, collaterals & state No one Surviving spouse Illegitimate children Illegitimate children & Descendants Illegitimate parents, collaterals & state

No one Surviving spouse Legitimate children & legitimate parents Legitimate parents & legitimate descendants Collaterals & state Legitimate children Illegitimate children & surviving spouse Illegitimate parents Collaterals & state Legitimate children & illegitimate children Surviving spouse Surviving spouse Collaterals other than siblings, nephews and nieces No one Legitimate children Illegitimate children Legitimate parents & Illegitimate parents Siblings, nephews nieces All other collaterals & state Legitimate children, illegitimate children, Legitimate parents & illegitimate parents Surviving spouse Other collaterals within 5th degree Collateral remoter in degree & state

Legitimate children Illegitimate children Legitimate parents Illegitimate parents & Surviving spouse Collaterals in the same degree State No one Everyone No one

Summary of intestate shares:

Legitimate children & legitimate descendants alone Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate children 1 TOTAL 1

One legitimate child and surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate child

Surviving spouse TOTAL 1

Legitimate children & surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate children

Remaining portion of estate after paying Whole estate divided equally between total number of children plus the surviving spouse Surviving spouse Same as share of @ legitimate child Legitimes to be divided equally between total no. of children plus the surviving spouse No. of children plus the surviving spouse TOTAL Varies on no. of children Varies on no. of children 11

Legitimate children & illegitimate children Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate children Remaining portion of estate after paying Whole estate divided by the ration of 2 for each legitimate child Illegitimate children share of @ legitimate child Legitimes to be divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child 1 for @ illegitimate child provided that legitimes wouldnt be impaired TOTAL

Varies on no. of children Varies on no. of children

One legitimate child, illegitimate children, & surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate child Remaining portion of estate after paying legitimes to be divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child Whole estate divided by the ratio of 2 @ legitimate child Illegitimate child share of @ legitimate child 1 for @ illegitimate child 1 for @ illegitimate child Surviving spouse & 2 for the surviving spouse Legitimes wouldnt be impaired TOTAL Varies depending on no. of illegitimate children Varies depending on no. of illegitimate children 1

Legitimate children, illegitimate children & surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate children Remaining portion of estate, if any after paring legitimes to be divided by the ratio of 2 for @ legitimate child Whole estate divided by the ratio of 2 for @ legitimate child Illegitimate children share of @ legit child 1 for @ illegitimate child 1 for @ illegitimate child Surviving spouse & 2 for the surviving spouse & 2 for the surviving spouse provided that legitimes wont be impaired TOTAL Varies depending on no. of illegitimate children Varies depending on no. of illegitimate children 1

Legitimate parents alone

Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate parents 1 TOTAL 1

Legitimate parents & illegitimate children Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate parents

Illegitimate children

TOTAL 1

Legitimate parents & surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Legitimate parents

Surviving spouse 1/8 1/8 TOTAL 1

Legitimate parents, surviving spouse & illegitimate children Intestate Heir Share As Legitime

Share as Free Disposal Total Intestate Share Illegitimate children 1/3 1/6 Surviving spouse 1/8 1/8 Illegitimate children 1/4

TOTAL 7/8 1/8 1

Illegitimate children alone Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Illegitimate children alone

1 TOTAL 1

Illegitimate children & surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Illegitimate children 1/3 1/6 Surviving spouse 1/3 1/6 TOTAL 2/3 1/3 1

Surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Surviving spouse or 1/3 or 1/3 1 TOTAL or 1/3 or 1/3 1

Illegitimate parents alone Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Illegitimate children 1

Illegitimate parents & surviving spouse Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Illegitimate parents Surviving spouse TOTAL 1

Siblings, nephews & nieces alone Intestate Heir Share As Legitime Share as Free Disposal

Total Intestate Share Siblings, nephews, nieces 1 TOTAL 1

Surviving spouse, siblings, nephews & nieces Intestate Heir Share As Legitime Share as Free Disposal Total Intestate Share Surviving spouse

Siblings, nephews, nieces

TOTAL

Requisites for accretion to take place:

Unity of object Plurality of heirs Some of the heirs cannot or are disqualified to accept (R.I.P) Others are accepting & There has been earmarking

Incapacity to succeed because of possible undue influence Priest who heard confession during last illness & his relatives with thin the 4th degree & the order, chapter, etc., to which the priest belongs Guardian before final accounts have been approved EXCEPT if an ascendant, descendant, sibling, spouse Attesting witness to execution of will & their spouses, parents, children or any one claiming under them Physician, surgeon, nurse who took care of testator during his last illness Individuals, associations, corporations not permitted by law to inherit

Validity and Effect of Legacy/Devise Thing owned in part by testator (Article 929) General Rule: Conveys only interest or part owned by testator Exception: if testator otherwise provides a. He may convey more than what he owns - the state shld try to acquire the part or interest owned by other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the monetary equivalent (analogy with Article 931) b. He may convey less than what he owns (Article 794) Thing owned by another (Articles 930-931) General Rule: a. If testator ordered acquisition of the thing - the order should be complied with. If the owner is unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent b. If testator erroneously believed that the thing belonged to him - legacy/device is void

Exception: if testator acquire the thing onerously or gratuitously after making of the disposition, disposition is validated c. If testator knew that the thing did not belong to him but did not order its acquisition - code is silent but disposition shld be considered valid (Balane & Tolentino) - there is an implied order to acquire & doubts must be resolved in favor of intestacy

Thing already owned to the legatee/devisee (Articles 932-933) a. If thing already belonged to legatee/devisee at time of execution of will legacy/devise is void b. If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee 1. If testator erroneously believed that he owned the thing legacy /devise is void 2. If testator was not in error i. ii. If thing was acquired onerously by L/D L/D entitled to be reimbursed If thing was acquired gratuitously by L/D nothing is due

iii. If thing was owned by testator at time will was made and L/D acquired the thing from him thereafter law is silent (Balane: deemed revoked) Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2) Valid, if the encumbrance can be removed for a consideration Legacy/Devise of a thing pledged or mortgaged (Article 934) The encumbrance must be removed by paying the debt unless the testator intended otherwise

COLLATION To collate is to bring back or to return to the hereditary mass, in fact or by fiction, property which came from the estate of the decedent, during his lifetime, but which the law considers as an adverse from the inheritance. It is the act by virtue of which, the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him, so that a division may be effected according to law & the will of the testator. Important periods to remember: 1 month or less before making a will Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will

20 years Maximum period testator can prohibit alienation of dispositions 5 years from delivery to the State To claim property escheated to the State 1 month To report knowledge of violent death of decedent lest he be considered unworthy 5 years from the time disqualified person took possession Action for declaration of incapacity & for recovery of the inheritance, devise or legacy 30 days from issuance of order of distribution Must signify acceptance/repudiation otherwise, deemed accepted 1 month form written notice of sale Right to repurchase hereditary rights sold to a stranger by a co-heir 10 years To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues 5 years from partition To enforce warranty of solvency of debtor of the estate at the time partition is made 4 years form partition Action for rescission of partition on account of lesion

SUCCESSION GENERAL PROVISION 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 his will or by operation law. Mode of transmitting ownership.

Basis of succession Rights over property The right of the family (intestate succession) Eclectic theory tries to harmonize the two principles individual and social. Kinds

Testamentary or testacy by will or codicil Legal or intestacy operation of law, if the will is invalid Mixed partly by will and by legal Elements

Subjective element (art. 775) a. Decedent applies to a deceased person whose property is transmitted whether he left a will or not. Testator a person who left a will

b. Inheritance all property, rights and obligations of a person which are not extinguished by his death. (776) Obligations of the deceased are only up to the value of the inheritance left by him to his heirs. (it is right to say that debts are not inherited; Estate debts = inheritance) In general, obligations are transmissible, unless purely personal like obligations between husband and wife, and those non-transferrable by law or contract. Example of rights extinguished by death a. Personal rights like marital rights, parental authority, support, action for legal separation, partnership, and agency. b. Right to recognition of a legitimate or an illegitimate child.

Except when actions has already been filed. Also actions transmitted to heirs if child dies during minority or a state of insanity. Heirs have 5 years to file the action. (173 FC) Actions already commenced survives notwithstanding death of the party.id Action for adoption is not extinguished by death of the adopter. (sec. 13. RA 8552)

c. d.

Right to hold office or job, public or private. Right of a lawyer to represent his client.

Rights to succession are transmitted from the moment of death of the decedent. (777)

Heirs become owners on date of the decedents death, although properties are delivered to them later. Both acceptance and repudiation retroact to the moment of death.

Inheritance includes not only transmissible rights and obligations at the time of death, but also those accrued since the opening of the succession. (781)

HEIR - called to succession by will or operation of law; also one who succeeds by universal title or to all or a fraction or aliquot part of the estate. May be; Compulsory those who succeed by force of law to some portion of inheritance in an amount predetermined by law known as legitime. Voluntary those instituted by the testator in his will, to succeed to the inheritance or the portion thereof of which the testator can freely dispose.

Compulsory heir can also be a voluntary heir of the free portion.

Devisee one given a gift of real property in a will. Legatee one given a gift of personal property in a will. This two preceding exist only in testamentary succession. In preterition, an instituted heir gets nothing, while the legatee or devisee gets the property given to him as long as the legitime is not impared. Imperfect inheritance After - acquired properties

Acceptance or non repudation of successiona rights.

DUAL STATUS of HEIR

In a will, a compulsory heir may be given more than his legitime. He is a compulsory heir with respect to the legitime. He is a voluntary heir with respect to the excess. If a compulsory heir dies ahead of the testator, the legitime goes to the child by representation. The child of a voluntary heir who predeceases the testator gets nothing, because there is no representation among voluntary heirs nor in the free portion.

The successor must

Survive the decedent Willing to accept the inheritance Capacitated to inherit

Inchoate rights = before the death of the decedent It does not matter if the will is admitted, transmission is at the moment of death.

Condition actual or personal Properties and rights are transmissible Transferee is alive.

Court only decide on the formality of the will

Death = estate = co-ownership = can validly dispose a share. Investigation of paternity must be done during the lifetime of the parents. Heirs may be sued

Declaration of heirship must be in the administration proceedings and not in a separate proceeding.

Court has no power to order to sell pending determination of validity of administration.

If heir is unduly deprived he has 2 yrs to act.

If the administrator sells it is also considered as the heir is selling. The heirs are not stranger to the transaction.

Inventory = is not an incidental duty of the administrator, the administrator can solely be held liable. Concealment of heir can still file a claim because he is already an owner.