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SUCCESSION
BAR REVIEW LECTURE
• mode of acquisition of ownership
WILLS AND SUCCESSION
• property, rights, obligations transmitted
• through death
ATTY. RONEY JONE P. GANDEZA
• by will or by operation of law
2
QUESTION: ANSWER:
When the Civil code speaks of “law” as a
What is meant by “law” as a mode of
distinct mode of acquiring ownership, it
acquiring ownership?
refers to those instances where the law,
Cite at least three examples. independently of the other modes of
acquiring ownership, AUTOMATICALLY
and DIRECTLY vests the ownership of the
thing in a certain individual once the
prescribed conditions are present or
complied with.
5 6
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EXAMPLES:
Hidden treasure which a stranger discovers Fruits naturally falling from a tree upon
by chance on another’s property. Here, one- adjacent land. Here, the ownership of the
half of the treasure belongs to the stranger, fruits is vested automatically in the owner
while the other half belongs by operation of of the adjacent land. (Art. 681, CC)
law to the owner of the land. (Art. 438, CC)
Abandoned beds, when a river or stream Acquisition of property in a state of co-
suddenly changes its course to traverse ownership if marriage is governed by the
private lands. The former owners of the new absolute community regime.
bed shall be the owners of the abandoned
bed in proportion to the area lost by each.
(Art. 58, PD 1067) 7 8
9 10
In inter vivos, ownership is transferred to Inter vivos is valid even if donor survives the
the donee before the death of the donor. donee.
In mortis causa, ownership is transferred
only upon the death of donor. Mortis causa is void if donor survives the
donee.
11 12
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FORMALITIES
REVOCABILITY OF DONATION
Inter vivos must comply with the formalities
for donations under Arts. 748 and 749, Civil
Inter vivos is essentially irrevocable. Code.
Mortis causa must comply with the
Mortis causa is always revocable during the formalities for notarial and holographic
lifetime of the donor. wills.
13 14
ANSWER:
Yes, the suit will prosper because the
donation did not comply with the
formalities of a will. In this instance, the fact The donation mortis causa in this case
that the donor did not intend to transfer which is embodied only in a public
ownership or possession of the donated instrument without the formalities of a
property to the donee until the donor’s will could not have transferred ownership
death, would result in a donation mortis of the disputed property to Y.
causa and in this kind of disposition, the
formalities of a will should be complied
with, otherwise, the donation is void.
17 18
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19 20
PROBLEM:
ANSWER: A father sold a parcel of land to a buyer, but
had not yet delivered the parcel by the time
Despite the substitution, the children are he died. Are the heirs required to make the
not liable. delivery?
ANSWER:
The remedy of the plaintiff, the creditor, is
Yes, because the heirs also inherit the
to proceed against the estate of the
obligations of the deceased which are not
deceased debtor.
extinguished by death.
21 22
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PROBLEM:
QUESTION:
T died with a will survived by his legitimate
children: A, B and C. Is actual death the only trigger that opens
the estate of a person to succession?
Upon T’s death, A, the eldest son, sold his
entire share to his friend, F.
ANSWER:
Is the sale valid? Yes, subject to two exceptions:
ANSWER:
The sale is valid because the rights of A to a) presumed death of a person.
the inheritance became vested upon T’s
death. b) judicial dissolution of marriage.
26
PRESUMED DEATH
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NOTE:
While succession really took place four PROBLEM:
years before or on the day of the
W, wife of H, filed a petition seeking a
disappearance, actual division will only be
judicial declaration of presumptive death of
at the end of four years.
her missing husband, H, who has been
From the beginning of the four years, the missing and unheard of since 2005.
heir shall be considered the owner and
Will the petition prosper?
possessor of the property, and not only from
the end thereof.
31 32
QUESTION:
ANSWER: Suppose H was 76 years old when he
disappeared in 2005, when shall he be
No, because the presumption is already presumed dead for the opening of his
established by law. succession?
A judicial declaration of presumptive a. 2009
death is required only for purposes of b. 2010
remarriage under Article 41 of the Family
c. 2012
Code.
d. 2015
34
33
QUESTION:
TRANSMISSION BY WILL
What is freak succession?
OR BY OPERATION OF LAW
FREAK SUCCESSION
If a person dies with a will, his estate is to be
This is succession without the triggering distributed in accordance with the rules on
effect of actual death. testamentary succession.
Article 50 of the Family Code gives two
If he dies without a will, or with a void will,
instances which require the payment or
his estate is to be distributed in accordance
delivery of presumptive legitimes before the
with the rules on intestate succession.
actual death of the person who is obliged to
pay it. 36
35
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TESTAMENTARY
This is succession which results from the
DIFFERENT KINDS designation of an heir, made in a will, and
OF SUCCESSION executed in the form prescribed by law.
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ANSWER:
GENERAL RULE WHAT IS PRETERITION?
REASON: The heir is entitled only to the REASON: A donation to a compulsory heir is
completion of his legitime. (Art. 906, CC) considered as an advance of the legitime.
(Art. 1073 CC)
47 48
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49 50
PROBLEM:
EFFECTS PRETERITION
T has three legitimate children, A, B and C.
T made a will instituting his children, A
FIRST EFFECT and B, and a friend, F, as his sole heirs. C
was omitted in the inheritance.
The institution of heirs is automatically
annulled without need of court action.
Estate is 90,000. How should the
distribution be made?
INTESTACY RESULTS.
53 54
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90,000 ANSWER:
PROBLEM:
T executed a will containing only one M
provision whereby he instituted his sister,
S, as his only heir.
ANSWER: IMPORTANT:
The omission of F and M constitutes In preterition, the preterited heir gets his
preterition which will result in the share not only of the legitime, but also of
annulment of the institution of S. the free portion.
Consequently, the entire will is void; This rule differs from a case of imperfect
estate is to be distributed as in intestacy. disinheritance where the disinherited heirs
gets only his legitime.
59 60
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PROBLEM:
SECOND EFFECT
In T’s will, he gave F, a friend, a legacy of
Although the institution of heirs is annulled, 10,000; instituted his son, A, as heir; and
the legacies and devises shall remain valid deliberately omitted his other son, B.
insofar as they are not inofficious.
If the estate is 100,000, how should the
In other words, they are not voided, but estate be distributed on T’s death?
they are merely reducible if the legitime has
been impaired.
61
62
ANSWER:
T 100,000 The preterition of B renders the institution
of heirs void.
The legacy is effective for the legitime has
not been impaired.
A B F Therefore, the remaining 90,000 will be
divided intestate as follows:
Instituted Preterited Legatee
10,000 A = 45,000
B = 45,000
F = 10,000
63 64
PROBLEM:
In the previous problem, if the legacy to F PROBLEM:
had been 60,000 and the other facts are the
same, how would the estate be distributed? In T’s will, he gave his friend, X, a legacy of
ANSWER: 60,000; instituted A and another friend, Y,
as heirs; and deliberately omitted B.
Since the estate is 100,000, the free portion
is only 50,000.
The legacy of 60,000 should be reduced by If the estate is 100,000, how should the
10,000. estate be distributed on T’s death?
A = 25,000
B = 25,000
F = 50,000 65 66
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ANSWER:
A = 25,000
A B X Y B = 25,000
Instituted Preterited Legatee Instituted X = 50,000
60,000 Y=0
67 68
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ANSWER:
T 90,000
The institution of B and C remains valid,
but their shares are to be reduced to give
A his legitime.
PROBLEM:
T
Estate is 100,000. T gave a legacy of 70,000
to a friend, X. Y, a legitimate child, was
ineffectively disinherited.
Y X
How much should X and Y get?
75 76
ANSWER: QUESTION:
X (legatee) gets only 50,000. The legacy to In his will, testator T (a) disinherits his
him is reducible by 20,000 so as not to daughter, A, because “she married a good
impair Y’s legitime. for nothing gigolo despite my repeated
warnings that she shouldn’t marry him” (b)
Y (disinherited heir) gets his legitime of omits his wife, W, (c) leaves a legacy of
50,000. 10,000 to his mistress, M, and 5,000 to his
driver, E, and (e) institutes his son, B, as his
sole heir. Distribute T’s estate of 100,000.
77 78
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ANSWER:
T W
The disinheritance of A was ineffective
because the ground relied upon by T does
not constitute a valid ground for
disinheritance under Article 919 of the Civil
A B M E Code. Hence, the testamentary provisions in
the will shall be annulled but only to the
extent that A’s legitime was impaired.
79 80
The total omission of W does not constitute The legacy of 5,000 in favor of E is not
preterition because she is not a compulsory inofficious because it does not exceed the free
heir in the direct line. Only compulsory heirs portion. Hence, E shall be entitled to receive it.
in the direct line may be the subject of The institution of B, which applies only to the
preterition. Not having been preterited, she free portion, shall be respected.
is entitled to her legitime. In sum the estate of T will be distributed as
follows: A 25,000
The legacy in favor of M is void under Article B 45,000
1028 of the Civil Code for being in
W 25,000
consideration of her adulterous relations
E 5,000
with T. She is, therefore, disqualified to
receive the legacy of 10,000. 81
M 0
QUESTION:
If all other facts in the previous problem are
T W the same, except that the disinheritance of
A was for a valid cause, how shall T’s estate
be distributed?
ANSWER: A 0
A B M E B 50,000 (legitime)
20,000 (by institution)
W 25,000 (legitime)
D 5,000 (legacy)
83
M 0 84
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WHAT IS A WILL?
QUESTION:
An act whereby a person is: What are the ambiguities in a will?
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PROBLEM:
T instituted “a brother-in-law” as one of his
heirs. When T died, it was discovered that ANSWER:
he has three brothers-in-law: A, B and C.
In making the will, T orally stated that he This is intrinsic ambiguity; the doubt arises
was referring to brother-in-law, A, but because of circumstances outside the will.
among T’s files was found a memorandum
that he wanted brother-in-law, B, to be his
heir.
C, the third brother-in-law, states that he
was the one referred to.
What kind of ambiguity is this? 93 94
QUESTION:
QUESTION: Who among the brothers-in-law should
Is T’s oral declaration extrinsic evidence? inherit from T?
ANSWER:
ANSWER: B should inherit in view of the written
memorandum which is admissible
Yes, but it is inadmissible to cure the
extrinsic evidence.
defect.
NOTE: In the law on evidence, evidence is
admissible if it is relevant and competent.
95
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AFTER-ACQUIRED PROPERTIES
PROBLEM:
GENERAL RULE: Property acquired between T made a will in 1998 giving to his friend, F,
the execution of the will and the death of all his cars. In 1998, T had three cars, but in
the testator are not included among the 2005, when T died, he had at the time of his
properties disposed of. death eight cars.
How many cars will F get?
EXCEPTION: Unless it appears in the will
that such was the intention of the testator.
(Art. 793, CC)
97 98
REQUISITES IN THE
EXECUTION OF A WILL
CAN THERE BE A VALID ORAL WILL?
1. Testator be at least 18 years of age. No. “Every will must be in writing and
2. Testator be of sound mind. executed in a language or dialect known to
the testator.” (Art. 804, CC)
101
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107 108
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9. The will shall be read to him twice; once The probate of a notarial will is opposed
by one of the subscribing witnesses, and on the ground that it does not contain a
again, by the notary public before whom statement attesting that the language
the will is acknowledged. used therein was known by the testator.
109 110
QUESTION:
ANSWER: If a person is a beneficiary in a will, is he
competent to act as an instrumental
There is no law which requires that the witness?
will must expressly state the language ANSWER:
used in the will and that such language
was known by the testator. Yes, but his institution as an heir, or the
legacy or devise given to him, shall be
What the law requires is that the language rendered void, unless there are three other
was known by the testator. (Suroza v. competent witnesses. (Art. 823, CC)
Honrado, 110 SCRA 381)
In other words, he is disqualified from
111 inheriting from the testator. (Art. 1027, CC)
112
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PROBLEM: ANSWER:
T died in 2005, leaving behind a Yes, the will as ORIGINALLY WRITTEN
holographic will which is entirely written, may be probated. The insertions and
dated and signed in her own handwriting. alterations were void since they were not
However, the will contains insertions and authenticated by the full signature of T
cancellations which are not authenticated
by her signature. For this reason, the pursuant to Article 814 of the Civil Code.
probate of T’s will is opposed by her The original will remains valid because a
relatives who stood to inherit intestate
from her. holographic will is not invalidated by the
unauthenticated insertions or alterations.
May T’s will be probated? (Ajero v. Court of Appeals, 236 SCRA 468)
119 120
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PROBLEM: ANSWER:
T executed a will in his own handwriting, The will is not valid either as a notarial
signed by him at the end of each page on the will or a holographic will. It is not valid
left marginal space of every page, except the as a notarial will because this requires
last page. The document bore no date. three witnesses. Neither is it valid as a
However, below T’s every signature, were the holographic will because the will must
signature of two witnesses, who later testified
that the will was executed in their presence on be entirely written, dated and signed by
January 1, 1995, and that T was in full the hand of the testator. The fact that
possession of his faculties at that time and the witnesses testified as to the date of
even explained to them the details of the will execution of the will did not cure the
he was writing down.
defect. Lacking the date, it cannot be
Is the will formally valid? probated as a holographic will.
121 122
TESTATOR IS AN ALIEN
CONFLICTS RULES IN THE
EXECUTION OF WILLS WILL IS EXECUTED IN THE PHILS.
PROBLEM:
JOINT WILL
A, a Filipino, executed a will in Kuwait
while there as a contract worker.
Assume that under the laws of Kuwait, A single testamentary instrument
it is enough that the testator affix his
which contains the wills of two or
signature in the presence of two
witnesses and that the will need not more persons jointly executed by
be acknowledged before a notary them, either for their reciprocal
public. benefit or for the benefit of a third
person.
May the will be probated in the
Philippines?
125 126
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QUESTION:
ANSWER:
Manuel, a Filipino, and his American
By clear implication under Art. 819 of wife, Eleanor, executed a Joint Will in
the Civil Code, the prohibition does not Boston, Massachusetts when they were
apply to foreigners, only to Filipinos. residing in said city. The law of
Massachusetts allows the execution of
The first par. of Art. 17 of the Civil Code joint wills. Shortly thereafter, Eleanor
applies insofar as alien testators are died. Can the will be probated in the
concerned. Philippines for the settlement of her
estate?
129
ANSWER:
SUBSTITUTION OF HEIRS
Yes, the will can be probated in the
Philippines insofar as the estate of Eleanor is
concerned. While the Civil Code prohibits the
execution of joint wills here and broad, such SUBSTITUTION OF HEIRS is the
prohibition applies only to Filipinos. Hence, appointment of another heir so that he
the joint will which is valid where executed is may enter into the inheritance in
valid in the Philippines, but only with respect default of the heir originally instituted.
to Eleanor. Under Article 819, it is void with
respect to Manuel whose joint will remains (Art. 857, CC)
void in the Philippines despite being valid
where executed.
132
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1. SIMPLE OR COMMON
Takes place when the testator designates
one or more persons to substitute the heir
or heirs instituted. (Art. 859, CC)
2. BRIEF
KINDS OF Two or more persons are designated by
SUBSTITUTION OF HEIRS the testator to substitute for one heir.
COMPENDIOUS
One person substitutes for two or more
heirs.
133 134
4. FIDEICOMMISSARY
Takes place when the FIRST heir (fiduciary)
3. RECIPROCAL instituted is entrusted with the obligation to
preserve and to transmit to a SECOND heir the
Takes place when two or more persons whole or part of the inheritance.
are not only instituted as heirs, but are Provided the substitution does not go
also reciprocally substituted. beyond one degree from the heir originally
instituted.
Provided further that the 1st heir and the 2nd
heirs are living at the time of the death of the
testator. (Art. 863, CC)
135 136
ESSENTIAL REQUISITES OF
FIDEICOMMISSARY SUBSTITUTION
Both heirs must be alive (or at least
There must be a first heir called primarily to conceived) at the time of the
the enjoyment of the estate. testator’s death (Art. 863, CC)
There must be a second heir.
An obligation clearly imposed upon the first heir Must be made in an express manner
to preserve and transmit to the second heir the (Art. 867, CC)
whole or a part of the estate.
Must not burden the legitime.
The first and second heirs must be only one
degree apart.
137 138
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FIRST REQUISITE
FIRST HEIR He is almost like a usufructuary, with
the right to enjoy the property.
EXAMPLE: T made X his heir so that X would • must be capacitated to succeed not
enjoy the property as long as X lived, but after the first heir but the testator.
his death, the same should go to Y. No
fideicommisary substitution.
141 142
FOURTH REQUISITE
ONE DEGREE APART ANSWER:
The first and second heirs must be one
FIRST VIEW: “One degree
degree apart.
apart” means one transfer, one
transmission, one substitution,
QUESTION: the purpose being to prevent,
successive entailments regard-
What is “one degree apart” in less of relationship.
fideicommissary substitution?
(View of JBL Reyes, Puno, Caguioa and Paredes Jr.)
143 144
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FIFTH REQUISITE
BOTH HEIRS MUST BE ALIVE
SECOND VIEW: “One degree”
means one generation. This means
that the substitute may be the FIRST HEIR PREDECEASES TESTATOR
parent or child of the first heir;
thus, no other person can be the Disposition shall be considered merely as a
simple substitution. In which case, the
fideicommissary.
second heir shall receive the property.
(View of Tolentino, Paras, Padilla)
145 146
PROBLEM:
SECOND HEIR PREDECEASES TESTATOR
T devised one-half of a parcel of land to A,
First heir shall receive the property free from and the other half to B, subject to the
condition that upon B’s death, whether
encumbrances. before or after that of T, the portion
devised to him (B) shall be delivered to A
BOTH HEIRS PREDECEASE TESTATOR or his heirs should he die before T.
Intestacy results, and legal heirs of the Upon T’s death, B demanded partition of
testator shall receive the property. the property. A refused on the ground that
B is only a fiduciary heir (second heir).
147 148
ANSWER:
PROBLEM:
A fideicommissary substitution has no effect
unless it is made expressly. The testamentary
clause under consideration is not a T died in 1990 with a will. In his will, he
fideicommissary substitution. devised a house and lot to his friend, A, as
first heir and to B, A’s son, as second heir.
The will establishes only a simple or common B died in 1995 survived by his two children
substitution, the necessary result of which is E and F. A himself died in 2000 survived by
that B, upon the death of T, became the owner his two children C and D.
of an undivided half of the property. Being a
co-owner, B can demand partition of the
property.
149 150
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ANSWER:
ANSWER:
QUESTION:
The rule is not absolute.
Under the law, the testator has no right
to impose any condition upon the Testator can validly prohibit the
legitime, and that should he do so, the partition of the legitime for a period not
same shall be considered as not exceeding 20 years.
imposed.
This is the only prohibition or condition
Is this rule absolute? that can affect or burden the legitime.
(Arts. 494, 1083, CC)
155 156
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PROBLEM:
“If C dies after 10 years
A, a bachelor, named his brother, B, as following A’s death.”
heir if their sister, C, dies after ten years
following A’s death. B died two years after
A’s death, while C died one year later. A’s A B C
estate is claimed by D and E, B’s legitimate
children, and by F, G and H, C’s legitimate 150,000
children.
If A’s estate is valued at 150,000, how D E F G H
shall the distribution be made?
157 158
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ANSWER:
PROBLEM:
The condition is valid insofar as the free
portion is concerned, since the absolute T institutes his friend, F, as heir on
prohibition to remarry was imposed by condition that he should not enter any
gambling casino here or abroad for
the deceased spouse. one whole year after T’s death.
The condition is void insofar as the
legitime is concerned for no condition Is F entitled to receive the inheritance
can be imposed on the legitime. (see Art. upon T‘s death?
874, CC)
165 166
ANSWER:
WHAT IS MODAL INSTITUTION?
Yes, but he must give a security to
guarantee he would not enter any
gambling casino for one whole year upon
T’s death. Modal institution occurs when any or all of
the following are stated:
The security is called “caucion muciana.”
The object of the institution.
If he enters any casino during the
prohibited period, he should return
whatever he may have received, together The application of the property left by the
with its fruits and interest. (Art. 879, CC) testator.
167 168
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PROBLEM: PROBLEM:
T institutes his friend, F, as heir on
T institutes his friend, F, as heir “on condition that “A does not smoke for a
condition that A marries B.” period of one year.”
Modal or conditional? Conditional or modal?
ANSWER: ANSWER:
This is a suspensive condition; the This is a negative condition; inheritance
inheritance is not demandable until is demandable right away, provided
fulfilment of the condition.
security is given.
171 172
PROBLEM:
T’s will contains the following INSTITUTION OF HEIRS
testamentary provision: “I institute A as
heir. He will use the money for the
establishment of a medical school.”
An act by virtue of which the testator
Modal or conditional? designates or names in his will the
person or persons who are to succeed
ANSWER: him in his property and transmissible
rights and obligations. (Art. 840, CC)
This is a modal institution; inheritance is
demandable right away, provided
security is given. 173
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PRINCIPLE OF INDIVIDUALITY
GENERAL RULE: PRINCIPLE OF SIMULTANEITY
When the testator institutes some heirs
individually and others collectively as when he When the testator calls to the succession
says, “I designate as my heirs A and B, and the a person and his children, they are all
children of C,” those collectively designated shall
be considered as individually instituted. deemed to have been instituted
EXCEPTION:
simultaneously and not successively. (Art.
849, CC)
Unless it clearly appears that the intention of
the testator was otherwise.
(Art. 847, CC)
177 178
PROBLEM: T 180,000
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ANSWER: STEP 1
Apply Arts. 846 and 847, Civil Code.
Satisfy the legitimes of A, B, D, E and F.
ART. 846: Heirs instituted without designation of
shares shall inherit in equal parts.
Estate is 180,000: Legitime portion is
ART. 847: When the testator institutes some heirs
one-half, or 90,000.
individually and others collectively as when he says,
“I designate as my heirs A and B and the children of As to the legitimes, A and B will inherit
C,” those collectively designated shall be considered in their own right; while D, E, and F will
as individually instituted, unless it clearly appears inherit by right of representation
that the intention of the testator was otherwise.
181 182
183 184
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QUESTION: ANSWER:
187 188
189 190
191 192
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NOTE:
ANSWER:
If the person who retrieved the will was
No. While there was intent to revoke, an heir or legatee or devisee, he will not
there was no overt act of burning. inherit because he is incapacitated by
reason of unworthiness under Art. 1032,
CC.
195 196
197 198
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ANSWER:
QUESTION:
No revocation.
It is not one of the modes recognized by What is revocation by the execution of
law. another will or codicil?
NOTE: Tearing of signature is sufficient
revocation because the signature goes to
the very heart of the will.
199 200
ANSWER: PROBLEM:
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PROBLEM:
Section 6, Rule 76 of the Rules of Court T, a bachelor of 60, executed a will
provides that no will shall be proved as a lost or bequeathing a ricefield worth 100,000 to his
destroyed will “unless its provisions are clearly friend, F. The will further provided that “all
other assets owned by me after death shall be
and distinctly proved by at least two credible equally divided between my two brothers, A
witnesses.” and B.
T subsequently married a young woman,
If the foregoing two-witness rule to prove a lost begot a son, and left another will designating
or destroyed will is to be strictly applied in the his wife and son as his heirs in equal shares.
instant case, the holographic will which A The second will did not expressly revoke the
first will. He left an estate worth 300,000
mistakenly burned cannot be probated since (including the ricecefield).
there is only one witness, D, who can be called Who is entitled to the ricefield? Who acquires
to testify as to the execution and existence of the rest of T’s assets?
the will. 205 206
FIRST VIEW
The testator’s widow and son are,
therefore, entitled to the entire estate,
According to the first view, reading the two including the ricefield.
wills together it is clear that the testatorial
intention is that only the testator’s wife and
son shall inherit. They are instituted as
universal heirs with respect to the ESTATE 300,000
hereditary estate in its totality. Therefore,
the second will in its totality cannot stand SON 150,000 (plus 50,000)
together with the first will in its totality.
Consequently, the incompatibility between WIDOW 75,000 (plus 25,000)
the two wills is total and absolute in FP 75,000
character. Hence, the first will is impliedly
revoked by the second will.
209 210
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DOCTRINE OF DEPENDENT
RELATIVE REVOCATION
Stated otherwise, the revocation is subject
to a SUSPENSIVE CONDITION:
If the testator revokes his will with the present
intention of making a new one and the new will is That the testator will make a new will and
not made, or if made, fails to take effect for any that such will shall take effect.
reason whatsoever, it will be presumed that the
testator prefers the old will to intestacy.
If such condition is not fulfilled, then there is
The old will can still be admitted to probate. no revocation.
213 214
36
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PROBLEM:
T died leaving an estate worth 100,000 T 100,000 (debts: 30,000)
and debts amounting to 30,000.
During his lifetime, T had given a donation
of P50,000 to A, his legitimate son. When T
died, two legitimate sons, A and B,
survived him.
How much is the legitime of A and B?
A B
DONATION
50,000
217 218
ANSWER:
COMPUTATION:
Since the net hereditary estate is 120,000,
the legitime of the legitimate children is
Gross Estate 100,000 60,000.
Debts - 30,000 Since there are two children, each will
70,000 receive 30,000 as his legitime.
Out of the actual net assets of 70,000 (because Should donations inter vivos to strangers be
the debts have been paid), B gets 30,000; A collated?
gets 0; free portion of 40,000 equals 70,000. YES.
221 222
37
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EXPLANATIONS:
Donations to strangers are collationable Paragraph 2 of Article 909 of the Civil Code
because they are considered as advances is clear:
on the free disposal, just as donations
inter vivos to children are considered as
advances on their legitimes. Donations to strangers are also taken into
account in determining the legitime – “of
Besides, how can the free portion be which the testator could have disposed by
determined or computed unless the his last will.”
value of said donations be added to the
actual estate?
223 224
PROBLEM: SOLUTION:
A gave B, his legitimate child, a donation 100,000 (actual estate)
inter vivos of 50,000 and to C, a friend, a 50,000 (donation to B)
donation inter vivos of 100,000. When A 100,000 (donation to C)
died, his remaining estate was worth 250,000 (NHE)
only 100,000. LEGITIME = 125,000
FREE PORTION = 125,000
If A was survived by his only child, B,
The donation to C (100,000) does not exceed
should the donation to C be reduced? the free portion of 125,000. Hence, there is
no need to reduce it.
225 226
227 228
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LEGITIMATE TESTATOR
COMPULSORY HEIRS
Parents, legitimate or illegitimate, are secondary T is the testator; F and M are his
compulsory heirs. parents; A is T’s legitimate child; B and
C are T’s illegitimate children; S is T’s
IF TESTATOR IS LEGITIMATE, parents are excluded surviving spouse; and W is the wife of
by No. 1 only. A.
IF TESTATOR IS ILLEGITIMATE, parents are are Who are entitled to inherit from T?
excluded by Nos. 1 and 4.
233 234
39
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ANSWER:
F M
A, B, C and S are all entitled to their
legitimes even if all of them are present.
T S F and M are entitled to their legitimes
only in default of a legitimate child such
as A.
If only F and A are present, A is entitled
to his legitime, but not F.
W A B C
W, A’s wife is not a compulsory heir of T
but is a compulsory heir of A.
235 236
LEGITIMATE CHILDREN
1/2 of the estate, in equal portions, whether
they survive alone or with concurring
compulsory heirs.
TABLE OF LEGITIMES
LEGITIMATE PARENTS ALONE
1/2 of the estate, whether they survive alone
or with other compulsory heirs.
237 238
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Legitimate child, 1/2 of the estate. Legitimate children, 1/2 of the estate.
Surviving spouse,1/4 of the estate. Surviving spouse, same as one LC.
241 242
243 244
LEGITIMATE CHILDREN
LEGITIMATE PARENTS
SURVIVING SPOUSE
ILLEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN
Legitimate parents, 1/2 of the estate.
Legitimate children, 1/2 of the estate.
Illegitimate children, 1/4 of the estate.
Surviving spouse, share of one LC.
Illegitimate children, 1/2 of one LC.
245 246
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Legitimate parents, 1/2 of the estate. Legitimate parents, 1/2 of the estate.
Illegitimate children, 1/4 of the estate.
Illegitimate children, 1/4 of the estate.
247 248
ILLEGITIMATE CHILDREN
ILLEGITIMATE PARENTS
SURVIVING SPOUSE
CHILDREN OF ANY CLASS
Illegitimate children, 1/3 of the estate.
Illegitimate parents are excluded.
Surviving spouse, 1/3 of the estate.
249 250
PROBLEM:
ILLEGITIMATE PARENTS
SURVIVING SPOUSE T dies leaving an estate of 100,000. The
surviving relatives are: A, a legitimate
child, and W, the wife. What are the
Illegitimate parents, 1/4of the estate. corresponding
Surviving spouse, 1/4 of the estate. legitimes?
251 252
42
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ANSWER:
100,000 T W
A 50,000
W 25,000
FP 25,000
A
253 254
PROBLEM
255 256
ANSWER
PROBLEM
43
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ANSWER
200,000 T
A 50,000
B 50,000
C 25,000
A B C D D 25,000
FP 50,000
TOTAL 200,000
259 260
PROBLEM
200,000 T
All the facts in the previous problem are
the same, except that T had left four
(instead of two) illegitimate children, C,
D, E, and F.
A B C D E F
What is the legitime of each of the
survivors?
261 262
ANSWER
A 50,000
B 50,000 PROBLEM
C 25,000 T is survived by his wife, W, his
D 25,000 legitimate child, A, and his illegitimate
E 25,000 child, B. Net value of the estate is
100,000. What is the legitime of each
F 25,000 survivor?
FP 0_____
TOTAL 200,000
263 264
44
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ANSWER
100,000 T W
A 50,000
W 25,000
A B
B 25,000
FP 0
265 266
PROBLEM T W
100,000
267 268
PROBLEM:
ANSWER T has three legitimate children; A, B, and
C; a wife, W; a father, F; and two
A 50,000 illegitimate children, D and E. A is a
“special child,” and T wants to leave to
W 25,000 him as much of his estate as he can
B 12,500 legally do under the law.
C 12,500 State the aliquot parts of the estate that
FP 0 T can leave all the foregoing relatives.
Assume a net estate of 120,000 and that
all the above-named relatives survived T.
269 270
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F ANSWER
F 0
A 20,000
120,000 T W
B 20,000
C 20,000
W 20,000
D 10,000
A B C D E
E 10,000
FP 20,000
TOTAL 120,000
271 272
DIVISION IN THE
ASCENDING LINE A B C D
EXPLANATION:
If M predeceased T, F gets 50,000 as
legitime. The remaining 50,000 is the
If all (except T) survive, the free portion. C and D cannot represent
grandparents get nothing. 50,000 is M, because there is no right of
the legitime of F and M together, so representation in the ascending line.
each gets 25,000. The remaining
25,000 is the free portion. The rule of proximity also applies.
275 276
46
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PROBLEM:
If F and M predeceased T, and the others
are still alive, the paternal line gets half
of the legitime and the maternal line T is survived by his legitimate parents, F
gets the other half. The paternal line and M, and his wife, W. The net value of
gets 25,000 and this should be divided the estate is 100,000. What is the
equally between A and B. legitime of the survivors?
277 278
ANSWER
F M
F 25,000
M 25,000
W 25,000
T W FP 25,000
100,000
279 280
QUESTION F M
A B
281 282
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ANSWER
PROBLEM:
283
284
ANSWER
F M
F 18,000
M 18,000
72,000 T W W 9,000
A 9,000
B 9,000
FP 9,000
A B
285 286
PROBLEM
A B
287 288
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ANSWER PROBLEM
289 290
ANSWER
F M
F 12,500
M 12,500
W 25,000
FP 50,000
100,000 T W
Illegitimate
291 292
PROBLEM F M
293 294
49
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ANSWER
RESERVA TRONCAL
297 298
299 300
50
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RESERVATARIOS
RESERVISTA: The ascendant of the propositus
who is obliged to reserve the property.
ORIGIN RESERVISTA
RESERVATARIOS: The relatives of the propositus
who are within the third degree and who
belong to the line from which the property
came and for whose benefit the reservation is GRATUITOUS OPERATION OF
constituted. TITLE LAW
PROPOSITUS
301 302
305 306
51
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QUESTION ANSWER
Can the reservista sell, mortgage, dispose Yes, but subject to the reserva.
or otherwise encumber the property?
The reservatarios can get the real
property from the transferee as soon as
ownership is transferred to such
reservatarios, without prejudice to our
Land Registration Laws.
311 312
52
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ANSWER:
A B C D
If the child had an intra-uterine life of not
less than seven months, it inherited from
the father. Consequently, the estate of
+ H
100,000
W+ 100,000 shall be divided equally between
the child and his mother as legal heirs.
Upon the death of the child, its share of
50,000 goes by operation of law to the
CHILD + mother, W, which is subject to reserva
troncal.
5 hrs. after birth
315 316
100,000
H W entitled to the reserved portion which
is 50,000 as they are two degrees
related from the child. The 50,000
50,000 inherited by W from H will go to her
50,000
operation
CHILD operation parents, C and D, as her legal heirs.
of law
of law
317 318
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PROBLEM:
However, if the child had an intra-
uterine life of less than seven months, Before his death in 1990, A donated to his
half of the estate of H, or 50,000, will be grandson, F, a child of his predeceased
inherited by W, the widow, while the son D, a house and lot worth 600,000.
other half, or 50,000, will be inherited
by the parents of H. Upon the death of In 1995, F died with a will instituting his
W, her estate of 50,000 will be inherited mother, E, as his sole heir. His estate
by her own parents, C and D. consisted entirely of the house and lot
which he had received from A.
DONATION
F WILL
321 322
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PROBLEM:
C is entitled to the reservable portion of
the property since he is not only a third D, only daughter of B, married E, only
degree relative by consanguinity of the son of A, in 1981.
propositus, but he also belongs to the line
A son, X, was born to the couple in 1982.
from which the property came. E died in a vehicular accident in 1984.
G, on the other hand, is entitled to the part In 1986, D married F, only son of C. A
of the property which is not reservable in son, Y, was born to the couple in 1988. D
accordance with the ordinary rules of also died in a vehicular accident in 1992.
intestate succession.
325 326
327 328
ANSWER:
A B C
B alone is entitled to the property.
X DONATION
Y INTESTATE
(Y) from a brother (X).
329 330
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A B C
Neither can C qualify because
he does not belong to the line + + +
from which the property came.
He is not related by E D F
consanguinity to X.
+ +
X DONATION
Y INTESTATE
333 334
A B C
335 336
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337 338
57
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PROBLEM:
Among the properties in the estate of D, who
died intestate and without issue, were a farm,
which came from his father, B, and a house,
• If all the claimants are brothers and which he acquired from A, B’s father. In the
sisters of the propositus and some of partition of D’s inheritance, the house was
allotted to B and the farm to C, D’s mother.
them are of the full-blood and others are Upon the death of B and C, who were
of the half-blood, the principle of double simultaneously killed in a car accident, the farm
was claimed by A and E, a child of B and C born
share for full blood collaterals shall apply. after D’s death, while the house was claimed
also by A and E and F, the latter being C’s child
by a prior marriage.
Who owns the farm and house?
343 344
A
E ANSWER:
HOUSE: This property was acquired by D from his
grandfather, A, and was transmitted by D to B, his
HOUSE father. There is no reserva troncal because there
HOUSE
B + C +
is no change of line. Hence, E alone is entitled to
inherit the house.
FARM: The farm originally came from B, the
FARM father of D. and from D it went to his mother, C.
D + A
There is a change of line line from paternal to
E F maternal line. The farm is reservable property and
must be acquired by relatives within the third
FARM degree of the propositus (D) and belonging to the
345
paternal line. 346
WHO IS ENTITLED TO THE FARM? The second theory is to the effect that
relatives in the same degree inherit in
There are two theories: equal shares without distinction as to
the direct or collateral line. Under this
In the “delayed intestacy doctrine,” the theory, which allows no distinction as to
preferences in the rules of intestate direct or collateral line, A and E will
succession must be observed. inherit the farm in equal shares since
they are both second degree relatives of
Under this theory, A alone will inherit D, both belonging to the paternal line.
the farm because in intestacy, the direct
line excludes the collateral line. Hence, In any case, F does not inherit since he is
A, the grandfather of P, should exclude not a reservatario.
E, the brother of D.
347 348
58
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QUESTION
INTESTATE SUCCESSION
What is intestate succession?
349 350
ANSWER:
351 352
CONCURRENCE PROXIMITY
All compulsory heirs are intestate heirs, but By virtue of representation the farther
not all intestate heirs are compulsory heirs. becomes just as near.
59
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ANSWER:
PROBLEM:
A shall succeed to P’s estate. Both A and B are
P, deceased, is survived by A, a collateral relatives of the decedent, P,
therefore, the rule of proximity is applicable.
legitimate half-sister on his father’s
Relatives nearest in degree exclude the more
side, and an aunt, B, his mother’s remote ones. A is a second degree relative of P,
sister. He left as his only property that while C is a third degree relative.
which was inherited from his mother.
He died intestate. Besides, under the general order of intestate
succession, brothers and sisters, whether of the
Who shall succeed to P’s estate? full or half-blood, are always preferred to
uncles or aunts.
355 356
PREFERENCE OF LINES
Relatives in the direct ascending line In the collateral line, the right of
exclude those who are in the collateral representation is given only to children of
line. RIGHT OF REPRESENTATION
brothers and sisters. (Art. 972, par. 2, CC)
359 360
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SCOPE OF REPRESENTATION
361 362
ANSWER
T 90,000
D gets 15,000 which is A’s legitime.
B and C will each get 37,5000. D is not allowed
to get the extra 15,000 because in this respect,
his father, A, was a voluntary heir.
+ A B C HAD T DIED INTESTATE, D gets 30,000
corresponding to the share of A which
represents all that A would have inherited if he
was not incapacitated.
D
363 364
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P 90,000 NOTE:
Whenever there is succession by
representation, the division of the estate
shall be made per stirpes.
A B C REASON: The representative or
representatives shall not inherit more than
what the person they represent would
inherit, if he were living our could inherit.
(Art. 974, Civil Code)
D E F G H
45,000 22,500 22,500 0 0 367 368
QUESTION ANSWER
What are the two ways of inheriting? • per stirpes (as a group)
• per capita (per person)
• by representation
• one’s own right.
369 370
TESTATE INTESTATE
T 90,000 P 60,000
+ A B C + A B C
Instituted Instituted 20,000 20,000
15,000 15,000
+ 22,500 + 22,500
D
D 20,000
15,000 371 372
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TESTATE INTESTATE
T 90,000 P 90,000
+ A B C + A B C
Instituted Instituted 45,000 45,000
22,500 22,500
+ 22,500 + 22,500
D D
0 373 0 374
TESTATE INTESTATE
T 100,000 P 100,000
+ A B C + A B C
Instituted Instituted 40,000 40,000
25,000 25,000
+18,750 + 18,750
D D
12,500 375 20,000 376
378
63
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QUESTION
A B + C + A B + C +
90,000 90,000
X Y Z X Y Z
30,000 30,000 30,000 0 45,000 45,000
381 382
64
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PROBLEM:
ANSWER: PROBLEM:
Neither A nor B is entitled to inherit ab P, an illegitimate person, died intestate
intestato from P. Both are legitimate survived by B, the legitimate brother of
relatives of P’s parents and therefore they his deceased mother A, and D, his
fall under the prohibition prescribed by mother’s legitimate granddaughter who is
Article 992 of the Civil Code. (Manuel v. Ferrer, a legitimate child of C who predeceased
242 SCRA 477)
A.
387 388
ANSWER:
A B
B cannot succeed because uncles have
no right to inherit from their
illegitimate nephews. D cannot
+ succeed either because legitimate
P C relatives have no right to inherit from
an illegitimate child and vice-versa.
D
389 390
65
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PROBLEM
EFFECT OF REPUDIATION
A has two children, B and C. B has two
children D and E. D has a child F.
A renouncer can represent, but
cannot be represented. (Arts. 976 and 977, B died in 1993 but D repudiated his share.
CC) Later A died in 1995.
392
INHERITANCE IN
A + 1995 EQUAL SHARES
1993 + B C EXCEPTIONS:
1. Division in the ascending line. (Art. 987,
par. 2, CC)
repudiated D E 2. Division between relatives of the full-
blood and half-blood. (Art. 1006, CC)
3. In cases of representation.
F
393
P 120,000
PROBLEM
A, B and C are the children of P; while A B C
D and E are the children of A; F is the
child of B; G is the child of C.
D E F G
395 396
66
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ANSWER
P 120,000
399 400
P 120,000
A B C ORDER OF INTESTATE
SUCCESSION
D E F G
401 402
67
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404
405 406
407 408
68
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411 412
413 414
69
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Two shares for each legitimate child. Legitimate parents, ½ of the estate.
415 416
417 418
419 420
70
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Surviving spouse, ½ of the estate. BSNN, ½ of the estate. (Art. 1001, CC)
421 422
60,000
PROBLEM:
423 424
PROBLEM: 72,000
71
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ANSWER: PROBLEM:
P died without a will. He is survived by:
A is entitled to ½ of 72,000, or 36,000.
(1) A and B, his legitimate children.
W is entitled to ¼ of 72,000, or 18,000. (2) W, his widow; and
(3) C, D, E, his illegitimate children.
B and C are entitled to ¼ of 72,000, or
18,000, which shall be divided equally The net value of his estate is 60,000. How
between them. shall the distribution be made?
427 428
PROBLEM:
60,000
P died without a will. He is survived by:
+ P W (1) A and B, his legitimate children.
15,000
(2) W, his widow; and
(3) C, his illegitimate child.
429 430
ANSWER:
140,000
+ P W EXCLUSION THEORY
72
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LEGITIMES:
CONCURRENCE THEORY
A 35,000
B 35,000
1. Satisfy the legitimes of the heirs. W 35,000
C 17,500
435 436
437 438
73
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PROBLEM: 140,000
In the previous problem, B (legitimate) and C
(illegitimate) predeceased P. + P W
(1) B is survived by two children, D and E. D is a
legitimate child, while E is an illegitimate child.
D E F G
439 440
D who is legitimate, can represent his father UNDER THE EXCLUSION THEORY
B.
E cannot because of Art. 992 of the Civil A 43,750 own right
Code.
D 43,750 by representation
F and G can inherit by right of E none
representation. The barrier under Art. 992
does not exist. W 35,500
Since F is legitimate and G is illegitimate, the F 11,666+ by representation
share which would have passed to their G 5,833+ by representation
father, C, they shall inherit in the proportion
of 2:1. TOTAL 140,000
441 442
PROBLEM:
P died without a will. He is survived by: F M
18,000 18,000
(1) F and M, his legitimate parents.
74
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M ANSWER:
EXCLUSION CONCURRENCE
A 20,000 (own right) In addition to their legitimes, the heirs A, B, F
B 20,000 (own right) and W will be given equal shares in the free
F 20,000 (representation)
portion of 40,000.
W 20,000
FP 40,000 A 20,000 plus 10,000
TOTAL 120,000
B 20,000 plus 10,000
Under the Theory of Exclusion, the Free Portion F 20,000 plus 10,000
goes to the legitimate children, A and B, and
grandson F, at 13,333.33 each; they are entitled W 20,000 plus 10,000
to the free portion to the exclusion of the other
heirs because they are first in the order of
succession. 449 450
75
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453 454
76
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ESTATE: 120,000
PROBLEM:
A B + C +
Suppose that in the previous problem,
ALL the five brothers of D predeceased
him, and the only survivors are the
D E + F + G + H + I +
nephews, J, being the legitimate son of
E, and K and L, being the legitimate
children of H, how shall the estate be
divided?
J K L
457 60,000 30,000 30,000
458
ANSWER:
PROBLEM:
The rule of double share for full-blood
collateral still applies. B contracted two marriages: the first was
with A, with whom she begot two
If there are nephews ad nieces surviving legitimate children, D and E; and the
the decedent, relationship by the whole or second was with C, with whom she begot
half-blood becomes material in the four legitimate children, F, G, H and I.
distribution of the estate.
NOTE: The nephews and nieces inherit in their D died intestate survived by:
own right here because they do not concur
with an uncle or aunt.
459 460
A B C
(1) E, a brother of the full-blood
ESTATE: 120,000 L
461 462
77
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ANSWER: PROBLEM:
ANSWER:
ACCRETION
Same inheritance, devise or legacy.
QUESTION:
467 468
78
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TESTATE SUCCESSION
1. predecease IMPORTANT
2. incapacity
No accretion among compulsory heirs
3. repudiation
insofar as the legitime is concerned.
INTESTATE SUCCESSION
Accretion, if it takes place, concerns only
1. repudiation the free portion. (Art, 1021, CC)
2. incapacity
469 470
PROBLEM:
A B F
471 472
ANSWER:
The institution of A, B and F concerns only the QUESTION
free disposal of 30,000. A and B are first given
their respective legitimes (15,000 each). The free
disposal is then divided equally among the three Suppose A predeceases T, how will his share
instituted heirs: be divided between his co-heirs, B and F?
A 15,000 (CH)
10,000 (VH)
B 15,000 (CH)
10,000 (VH)
F 10,000 (VH)
473 474
79
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ANSWER:
475 476
ANSWER
QUESTION:
To A and B, not by accretion for they
Suppose T gave one-half of his estate to F, were not given any part of the free
and gave A and B their respective legitimes portion.
of ¼ each, to whom should F’s share go if
Intestacy then results, and A and B will
he predeceases T?
get F’s share as intestate heirs.
477 478
PROBLEM
X
X died intestate. He is survived by: (1) A, B, D
and E, his legitimate children; (2) F and G,
legitimate children of C (predeceased), a
legitimate son of X; (3) H and I, legitimate
children of D; and (4) J and K, legitimate A B C D E
children of E.
80
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The share which E would have inherited if The share of E in the estate goes to his co-
he had not repudiated it. heirs, A and B, by accretion. An heir who
repudiates cannot be represented.
481 482
I 12,000own right
483 484
ANSWER:
PROBLEM:
B and C will each get their inheritance.
P has three legitimate brothers, X, Y and Z.
A’s share of 15,000 goes to B and C by right of
accretion in the proportion of 2:1. (Art. 1019, CC) (1) X predeceases P, but he is survived by his
legitimate child, A.
HEIR DEVISE ACCRETION TOTAL (2) Y is incapacitated, but he has two legitimate
children, B and C.
81
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ANSWER:
The 40,000 share of X who predeceased X goes to
X +
his legitimate child, A, by representation.
P Y Z
The 40,000 share of Y who is incapacitated to
inherit goes to his legitimate children, B and C, by
representation, or 20,000 each.
487 488
491 492
82
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ANSWER:
A is to get it ½ of the estate, or 105,000.
There is no need to check the legitimes since T B is to get 1/4 of the estate, or 52,500.
left no compulsory heirs. C is to get 1/8 of the estate, or 26,250.
D is to get 1/8 of the estate, or 26,250.
Assuming there is no provision in the will
regarding substitution of heirs, accretion exists If D’s share is rendered vacant because of
insofar as D’s share is concerned. his repudiation of the inheritance, who
gets such vacated share?
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QUESTION:
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8/19/2018
ANSWER: PROBLEM:
The son-priest inherits only 50,000 as his The beneficiary in a will is the wife of
legitime.
the minister of the gospel who rendered
The additional 10,000 which is part of the aid to the testator during the latter’s
free portion is nullified by the last illness.
disqualification of the son-priest because he
heard the confession of T during his last Would she be disqualified from
illness. (Art. 1027, par. (1), CC)
inheriting from the testator?
The excess 10,000 shall accrue in favor of the
instituted heir, F.
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ANSWER:
She is qualified. The law extends the …Thank you
disqualification of priests and ministers of
the gospel to their relatives within the
fourth degree as well as to the church, order,
chapter, community, organization or
institution to which they may belong. The
spouse is not included. (No. 2, Art. 1027, CC) NOW GO AND TOP THE BAR!
Otherwise, we would be reading into the
law what is not found there. Besides,
capacity to succeed is the general rule, while
incapacity to succeed is the exception.
Hence, the rules on incapacity must always
be strictly construed.
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