DISINHERITANCE AND INCAPACITY TO SUCCEED CHART (ANNEX B)

GROUND CHILD OR
DESCENDANT
PARENT OR
ASCENDANT
SPOUSE INCAPACITY
TO SUCCEED
NOTES
A. Convicted of an attempt on the life of
the testator, child, parent or spouse
Art 919 (1) Art 920 (2) Art 921(1) Art 1032 (2)
B. Wrongly accusing the testator of a
crime punishable with imprisonment
of 6 yrs or more
Art 919 (2) Art 920 (3) Art 921 (2) Art 1032 (3)
C. Convicted of adultery or
concubinage with testators spouse
Art 919 (3) Art 920(4) Art 1032 (5)
D. FIVU to cause testator to make a will
or change a will
Art 919 (4) Art 920 (5) Art 921 (3) Art 1032 (6)
Art 1032 (7)
Art 1032 (8)

E. Unjustifiable refusal to provide
support
Art 919 (5) Art 920 (7) Art 921 (6)
F. Maltreatment by word or deed Art 919 (6)

G. Dishonorable or disgraceful life Art 919 (7)

H. Civil interdiction Art 919 (8)

I. Abandoned children; induced
children to live a corrupt life; or
attempt on virtue
Art 920 (1) Art 1032 (1)
J. Loss of parental authority Art 920 (6)

K. Attempt on the life of the parent by
the other, unless there is
reconciliation
Art 920 (8)
L. Spouse gives cause for legal
separation
Art 921 (4)
M. Spouse gives grounds for loss of
parental authority
Art 921 (5)
N. Failure to report the violent death of
the testator
Art 1032 (4)
TABLE OF LEGITIMES (ANNEX A)

SURVIVOR LEGITIME NOTES
LC Divide by the # of LC, whether they survive alone or with concurring CH.
1 LC
SS


The legitime of the SS shall be taken only from the free portion (Art 892)
In case of legal separation, the surviving spouse may inherit if it was the deceased who had given cause
for the same. (Art 892)
2 or more LC
SS

Same as that
of each LC
Divide by the # of LC
The legitime of the SS shall be taken from the free portion (Art 892)
LC
IC

or 1 LC
The legitime of the IC shall be taken from the free portion (Art 888)
LC
SS
IC


of 1 LC
The legitimate of the IC shall be taken from the free portion provided the total legitime of such IC shall not
exceed the free portion and that the legitime of the SS must first be fully satisfied (Art 895[3])
If there are 2 or more LC, the legitime of the SS is the same as that of each LC and it shall be taken from
the free portion
LPA Whether they survive alone or with other classes of CH. Rule applies in default of LCD of decedent, otherwise
they are excluded.
LPA
IC


The to which IC is entitled is taken from the free portion (Art 896)
The shall be divided in equal shares among several IC
LPA
SS


The legitime of the SS shall be taken from the free portion
LPA
SS
IC

1/8

The legitime of the SS and IC shall be taken from the free portion
The remaining 1/8 may be freely disposed of by the testator (Art 899)
IC Divide equally among the IC
SS
IC
1/3
1/3
The remaining 1/3 shall be at the free disposal of the testator (Art 894)
SS 1/3 if marriage is in articulo mortis and deceased spouse dies within 3 mos. after the marriage
The remaining shall be at the free disposal of the testator
IP The remaining shall be at the free disposal of the testator
IP
Any child
Excluded
It depends
Children inherit in the amounts established in the foregoing rules
IP
SS


Only the parents of IC are included. Grandparents and other ascendants are excluded




TABLE OF INTESTATE SHARES (ANNEX C)

SURVIVOR INTESTATE SHARE
Any class lone Entire estate
LC
LP
Entire estate excluded
1LC
SS


(Arcenas v. Cinco, GR No. L-29288, November 29, 1976)
2 or more LC
SS
Consider SS as 1LC, and then divide estate by total number.
LPA
SS


LPA
SS
IC



IP
SS


(The law is silent. Apply concurrence theory.)
SS
BS/NN


1LC
SS
IC
First, satisfy legitime. If estate would be insufficient reduction must be made according to the rules
on legitime. The legitime of LCD and SS shall always be first satisfied in preference to the ICD.
2 or more LC
SS
IC
First, satisfy legitime. In case of excess in the estate distribute such excess in the proportion 1:2:2
in accordance with the concurrence theory.












RIGHT OF REPRESENTATION AND IRON CURTAIN RULE








(D)
Legit (X)
Legit (X1) Illegit (X2)
Iron Curtain Rule
applies
Illegit (Y)
Legit (Y1) Illegit (Y2)