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DEFINITION OF SUCCESSION:
- It is a mode of acquisition
KINDS OF SUCCESSION:
3. Mixed – that which is effected partly by will and partly by operation of law
KINDS OF HEIRS:
2. Voluntary or Testamentary – those who are instituted by the testator in his will,
to succeed to the portion of the inheritance of which the testator can freely
dispose
3. Legal or Intestate – those who succeed to the estate of the decedent who dies
without a valid will, or to the portion of such estate not disposed of by will
DEFINITION OF WILL
- It 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
TESTAMENTARY CAPACITY:
KINDS OF WILLS:
1. In writing
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1. In writing
3. Subscribed at the end by the testator himself or by the testator’s name written by
some other person in his presence, and by his express direction
4. Attested & subscribed by three or more credible witnesses in the presence of the
testator and of one another
5. Each and every page, except the last, must be signed by the testator or by the
person requested by him to write his name, and by the instrumental witnesses of
the will, on the left margin
6. Each and every page of the will must be numbered correlatively in letters placed
on the upper part of each page
b. The fact that the testator signed the will and every page, or caused some
other person to write his name, under his express direction, in the
presence of the instrumental witnesses
c. All the instrumental witnesses witnessed and signed the will and all its
pages in the presence of the testator and of one another
8. It must be acknowledged before a notary public by the testator and the witnesses
1. In writing
3. Entirely written, dated, and signed by the hand of the testator himself
AMENDING A WILL:
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1. If made after the execution of the will, but without the consent of the testator,
such insertion is considered as not written because the validity of the will cannot
be defeated by the malice or caprice of a third person
2. If the insertion after the execution of the will was with the consent of the testator,
the will remains valid but the insertion is void
3. If the insertion after the execution is validated by the testator by his signature
thereon, then the insertion becomes part of the will, and the entire will becomes
void, because of failure to comply with the requirement that it must be wholly
written by the testator
1. Of sound mind
DEFINITION OF A CODICIL:
1. the document or paper referred to in the will must be in existence at the time of
the execution of the will
2. the will must clearly describe and identify the same, stating among other things
the number of pages thereof
4. it must be signed by the testator and the witnesses on each and every page,
except in case of voluminous books of account or inventories
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REVOKING A WILL:
1. By implication of law
2. If the testator was insane, or otherwise mentally incapable of making a will, at the
time of its execution
4. If it was procured by undue and improper pressure and influence, on the part of
the beneficiary or of some other person
6. If the testator acted by mistake or did not intend that the instrument should be his
will at the time of affixing his signature thereto
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a. He can give his estate to any person qualified to inherit under him
CONCEPT OF PRETERITION:
4. The omitted compulsory heir must be LIVING at the time of testator’s death or
must at least have been CONCEIVED before the testator’s death
EFFECTS OF PRETERITION:
2. Devises and legacies shall remain valid as long as they are not inofficious
3. If the omitted compulsory heir should die before the testator, the institution shall
be effectual, without prejudice to the right of representation
DEFINITION OF SUBSTITUTION:
CLASSES IF SUBSTITUTION:
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one substitute, they shall have the same share in the substitution as in
the institution
2. 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
1. A fiduciary or first heir instituted entrusted with the obligation to preserve and to
transmit to a fideicommissary substitute or second heir the whole or part of the
inheritance
2. Such substitution must not go beyond one degree from the heir originally
instituted
3. The fiduciary or first heir and the second heir are living at the time of the death of
the testator
5. The fideicommissary substitution is imposed on the free portion of the estate and
never on the legitime
DEFINITION OF LEGITIME:
1. Primary – those who have precedence over and exclude other compulsory heirs
2. Secondary – those who succeed only in the absence of the primary heirs
3. Concurring – those who succeed together with the primary or the secondary
compulsory heirs
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Legitimate ½ ½ of the
children share of @
Illegitimate legit child
children
Legitimate ½
parents alone
Legitimate ¼ ½
parents
Illegitimate
children
Legitimate ¼ ½
parents and
Surviving spouse
Legitimate 1/8 ¼ ½
parents
Surviving spouse
Illegitimate
children
Illegitimate ½ (divided
children alone by no. of
children)
Illegitimate 1/3 1/3 (divided
children by no. of
Surviving spouse children)
Surviving spouse ½ or 1/3 if
alone marriage in
articulo
mortis
Illegitimate ½
parents alone
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Illegitimate ¼ ¼
parents
Surviving spouse
REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME:
1. If the impairment is total, then 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 and reduction of devises and legacies)
- any property which the latter may have acquired by gratuitous title
- for the benefit of relatives who are within the third degree
- and who belong to the line from which said property came
REQUISITES (as provided in Chua v. CFI [1977] & reiterated in Gonzales v. CFI [1981])
4) that there are relatives within the 3rd degree belonging to the line from which said
property came
DEFINITION OF DISINHERITANCE
DISINHERITANCE PRETERITION
Express deprivation of legitime Tacit deprivation of legitime
Even a compulsory heir may be totally Compulsory heir is merely restored to his
excluded legitime
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5. The cause must be certain and true, and must be proved by the interested heir if
the person disinherited should deny it
6. It must unconditional
7. It must be total
2 Accused * * * *
testator/decedent
of crime punishable
by imprisonment of
more than 6 years,
found groundless,
false
3 Causes * * * *
testator/decedent
to make will or
change one by
fraud, violence,
intimidation, or
undue influence
4 Unjustified refusal * * *
to support testator
5 Convicted of * * *
adultery or
concubinage with
spouse of
testator/decedent
6 Maltreatment of *
testator by word
and deed
7 Leading a *
dishonorable or
disgraceful life
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8 Conviction of crime *
which carries
penalty of civil
interdiction
9 Abandonment of * *
children or inducing
children to live
corrupt and
immoral life or
attempted against
virtue
10 Loss of parental * *
authority
11 Attempt by one *
parent against life
of the other
UNLESS there is
reconciliation
between parents
12 Spouses given *
cause for legal
separation
13 Failure to report *
violent death of
decedent within
one month, unless
authorities have
already taken
action
14 Force, violence, *
intimidation or
undue influence to
prevent another
from making a will
or revoking one
already made or
who supplants or
alters the latter’s
will
15 Falsifies or forges a *
supposed will of the
decedent
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1. Substitution
2. Representation
3. Accretion
If a person dies with a will which has subsequently lost its validity
1. When the will does not institute an heir to, or dispose of all the property
belonging to the testator (legal succession shall take place only with respect to
the property of which the testator has not disposed)
2. If the suspensive condition attached to the institution of the heir does not happen
or is not fulfilled
4. If the heir repudiates the inheritance, there being no substitution, and no right of
accretion takes place
1. Rule of Proximity – the relative nearest in degree excludes the farther one
2. Rule of Equal Division – the relatives who are in the same degree shall inherit
in equal shares
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7 State
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TOTAL ½ ½ 1
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1
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TOTAL ¾ ¼ 1
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Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1
Illegitimate children ¼ ¼
TOTAL ½ ½ 1
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Surviving spouse ¼ ¼ ½
TOTAL ½ ½ 1
Siblings, nephews, ½ ½
nieces
TOTAL ½ ½ 1
DEFINITION OF ACCRETION:
1. Priest who heard the confession of the testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period
2. Relatives of such priest or minister of the gospel within the 4th degree, the
church, order, chapter, community, organization, or institution to which such
priest or minister may belong
4. Attesting witness to execution of will, their spouses, parents, children or any one
claiming under such witness, spouse, parents or children
5. Physician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness
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Legacy/Devise of a The encumbrance must be removed by paying the debt unless the
thing pledged or testator intended otherwise
mortgaged (Article 934)
CONCEPT OF COLLATION:
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 and the will of the testator.
CONCEPT OF PARTITION:
5 years from delivery to the State To claim property escheated to the State
5 years from the time disqualified Action for declaration of incapacity & for
person took possession recovery of the inheritance, devise or
legacy
1 month form written notice of sale Right to repurchase hereditary rights sold
to a stranger by a co-heir
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