SUCCESSION

It 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 will or by
operation of law.

The rights to the succession are transmitted from the moment of the death of the decedent.

ELEMENTS OF SUCCESSION
1. DECEDENT – the person whose property is transmitted through succession, whether or not he
left a will. If he left a will, he also called the testator.

Qualifications of a Testator
A. Must be at least 18 years of age.
B. Must be of sound mind.
He knew at the time of execution
a. Nature of the Estate
b. Proper Objects of his Bounty
c. Character of the Testamentary Act.

2. HEIRS – the persons called to the succession, either by will or by operation of law.
Qualifications of an Heir
A. Must be LIVING at the time of death of the decedent.
B. Must not be INCAPACITATED by law to succeed due to undue influence or interest,
immorality or against public policy, or by reason of unworthiness.

Heirs under Testamentary Succession

A. Compulsory heirs – called to succeed to the portion of the estate known as LEGITIME.
B. Voluntary heirs – called to succeed to the whole or an aliquot part of the disposable portion.
(e.g. Testator gives ¼ of the free portion to a friend. Friend is a voluntary heir.)
C. Legatees – persons to whom gifts of PERSONAL PROPERTY are given by will.
D. Devisees – persons to whom gifts of REAL PROPERTY are given by will.
(e.g. Testator makes a will devising a parcel of land in Laguna to Alex, and bequeathing his
automobile to Ben. Alex is a devisee while Ben is a legatee.

Heirs under Intestate Succession

Legal or Intestate heirs

3. ESTATE/INHERITANCE – includes:
A. All of Decedent’s Property existing at the time of death.
B. Transmissible Rights and Obligations existing at the time of death
C. Property and Rights which have accrued to hereditary estate since the opening of the
succession

4. ACCEPTANCE – an act by virtue of which an heir, legatee or devisee manifests his desire to
succeed to the inheritance, legacy or devise. It may be express or implied.

Repudiation – the opposite of acceptance. It may be made by means of a public instrument,

authentic instrument or petition in court.

KINDS OF SUCCESSION
1. TESTAMENTARY SUCCESSION – which results from the designation of an heir, made in a WILL
executed in the form prescribed by law.

2. INTESTATE OR LEGAL SUCCESSION – which is effected by operation of law.

3. MIXED SUCCESSION – which is effected partly by will and partly by operation of law.

TESTAMENTARY SUCCESION
THERE MUST BE A VALID WILL

WILL
Is an act whereby a person is permitted with formalities prescribed by law, to control to a certain degree
the disposition of his estate, to take effect after his death.

CHARACTERISTICS OF A WILL
1. Strictly personal act.
2. Individual and unilateral act.
3. Free and voluntary act.
4. Formal and solemn act.
5. Disposition of property.
6. An act mortis causa.
7. Revocable during testator’s lifetime.

Atty. Voltaire Salud (Buslaw3)

CLASSIFICATION OF WILLS
1. ORDINARY OR NOTARIAL WILL – written will acknowledged before a notary public.

Formalities:
A. In writing
B. Written in a language or dialect known to the testator
C. Subscribed at the end by testator himself
D. Attested and subscribed by 3 or more credible witnesses in the presence of the testator and
one another.
E. Each and every page must be signed on the left margin.
F. Must contain an Attestation Clause. If no attestation clause, the will is VOID.

Attestation Clause is a memorandum or record of facts wherein the witnesses certify that the
instrument has been executed before them, and that it has been executed in accordance with
the formalities prescribed by law.

G. Acknowledged before a notary public by the testator and the witnesses.

2. HOLOGRAPHIC WILL – one that is entirely written, dated and signed by the hand of the testator
himself.

Formalities:
A. Entirely written by the hand of the testator himself
B. Entirely dated by the hand of the testator himself
C. Entirely signed by the hand of the testator himself
D. Executed in a language or dialect known to the testator.

NUNCUPATIVE WILL – an oral will. It is VOID.

CODICIL
A supplement or addition to a will made after the execution of a will and annexed to be taken as part
thereof, by which any disposition made in the original will is explained, added to or altered.

It must be executed as in the case of a will.

PROBATE OF A WILL
A special proceeding for establishing validity of the will.

In probate, it must be proved that:

A. The will is indeed the last will and testament of the testator.
B. It has been executed in accordance with formalities prescribed by law.
C. The testator had testamentary capacity at the time of execution of the will.

Necessity of Probate: No will shall pass either real or personal property unless it is proved and allowed in
accordance with Rules of Court.

LEGITIME
Is that part of the testator’s property which he cannot dispose of because the law has reserved it for
certain heirs who are called compulsory heirs.

DISINHERITANCE – act of testator in depriving a compulsory heir of his legitime.

Requisites:
A. For a cause expressly stated by law.
B. Effected through a valid will.
C. Must be SPECIFIED in the will itself.
D. Must be CERTAIN and TRUE
E. Must be TOTAL
F. Must be UNCONDITIONAL

Causes for Disinheritance of Children and Descendants.

Child or Descendant
A. Has been found guilty of an ATTEMPT against the life of the testator, his or her spouse,
descendants or ascendants;
B. Has ACCUSED the testator of a crime for which the law prescribes imprisonment for 6 years
or more, if the accusation has been found GROUNDLESS;
C. Has been convicted of ADULTERY or CONCUBINANGE with spouse of the testator.
D. By FRAUD, VIOLENCE, INTIMIDATION OR UNDUE INFLUENCE causes the testator to make
a will to change one already made.
E. REFUSAL without justifiable cause to SUPPORT the parent or ascendant.
F. MALTREATMENT of the testator by word or deed.
G. Leads a DISHONORABLE or DISGRACEFUL LIFE
H. CONVICTION of a crime which carries with it the penalty of CIVIL INTERDICTION

Atty. Voltaire Salud (Buslaw3)

 Causes for Disinheritance of Parents or Ascendants – see Art. 920 of the Civil Code
Causes for Disinheritance of a Spouse – Art. 921 of the Civil Code

COMPULSORY HEIRS
A. Legitimate children and descendants
B. In absence of no. 1, legitimate parents and ascendants, (secondary compulsory heirs)
C. Surviving spouse
D. Illegitimate children

Primary Compulsory Heirs – No.

Concurring Compulsory Heirs – Nos. 3 and 4
Secondary Compulsory Heirs – No. 2

KINDS OF CHILDREN
A. Legitimate children – born inside a valid marriage
B. Illegitimate children – born outside a valid marriage or inside a void marriage
C. Adopted children – by decree of adoption
D. Legitimated children – conceived and born outside of wedlock of parents who subsequently
entered into a valid marriage.

(Nos. 1, 3 and 4 have the same successional rights)

Table of Legitimes
Survivors Legitime

1. Any class alone ½ of the estate

2. One Legitimate child (LC) and Surviving LC – ½

Spouse (SS) SS – ¼
3. Two or more LC and SS LC – ½
SS – Equal to that of each LC
4. LC, SS and Illegitimate Child (IC) LC – ½
SS – ¼ or equal to that of each LC, as the case may be
IC – ½ of that of each LC
5. Legitimate parents (LP) and SS or IC LP – ½
SS or IC – ¼
6. LP, SS and IC LP – ½
SS – 1/8
IC – ¼
7. SS and IC SS – 1/3
IC – 1/3

DISPOSABLE FREE PORTION – Net Distributable Estate less Legitime of the Compulsory Heirs
It can be given to ANYONE.

WHAT IS BASIS TO DETERMINATION OF THE LEGITIME?

Net Distributable Estate (properties less liabilities at the time of death,
But if there were donations made during the lifetime of the deceased, the same must be
included. This process is known as COLLATION.

Problem 1:

The testator is survived by spouse, a legitimate child and a legitimate parent. The net value of the estate
is P1,000,000.

Determine the respective legitimes of the compulsory heirs and the free portion.

Distribution: Legitime
Legitimate Child P500,000
Spouse P250,000
Legitimate Parent P0 because of the presence of LC
Free Portion P250,000

Problem 2:

The testator is survived by spouse, a legitimate child, and an illegitimate child. The net value of the estate
is P1,000,000.

Determine the respective legitimes of the compulsory heirs and the free portion.

Atty. Voltaire Salud (Buslaw3)

Distribution: Legitime
Legitimate Child P500,000
Spouse P250,000
Illegitimate Child P250,000
Free Portion P0

Problem 3:

The testator is survived by spouse, two legitimate children, and two illegitimate children. The net value of
the estate is P1,000,000.

Determine the respective legitimes of the compulsory heirs and the free portion.

Distribution: Legitime
Legitimate Child A P250,000
Legitimate Child B P250,000
Spouse P250,000
Illegitimate Child A P125,000
Illegitimate Child B P125,000
Disposable Free Portion P0

What is the status of the will if the share given to a compulsory heir is less than his legitime?

Will is still VALID and the compulsory heir can ask for the complete satisfaction of his legitime.

INTESTATE SUCCESSION

ORDER OF INTESTATE SUCCESSION

A. Legitimate children or descendants – always inherit despite the presence of others
B. Legitimate parents or ascendants – will inherit in absence of legitimate children
C. Illegitimate children or descendants – always inherit
D. Surviving spouse – always inherit
E. Brothers, sisters, nephews and nieces – will inherit if there are no LC, LP and IC.
F. Other collateral relatives within the 5th degree, will inherit if there are no LC, LP, IC, SS and
BSNN
G. State – will inherit if there are no relatives within the 5th degree of consanguinity (ESCHEAT)

Intestate Succession Table

Survivors Share
1. Any class alone Whole estate

2. One Legitimate child (LC) and Satisfy their legitimes and then distribute the disposable
Surviving Spouse (SS) portion in proportion to their respective legitimes

3. Two or more LC and SS Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes

4. LC, SS and Illegitimate Child (IC) Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes.

5. Legitimate Parents (LP) and SS or LP – ½

IC SS or IC – ½
6. LP, SS and IC LP – ½
SS – 1/4
IC – ¼
7. SS and IC SS – ½
IC – ½
8. SS and Brothers, Sisters, SS – ½
Nephews and Nieces (BSNN) BSNN – ½

Problem 4:

Decedent died intestate survived by a spouse, two legitimate children, and mother. The net value of the
estate is P1,200,000.

Distribute the estate of the decedent

Distribution: Legitime Add’l Share Total

Legitimate Child A P300,000 P100,000 P400,000
Legitimate Child B P300,000 P100,000 P400,000
Spouse P300,000 P100,000 P400,000
Mother P0

Atty. Voltaire Salud (Buslaw3)

Problem 5:

Decedent died intestate survived by a spouse, two illegitimate children, and mother. The net value of the
estate is P1,200,000.

Distribute the estate of the decedent

Distribution:
Mother P600,000
Spouse P300,000
Illegitimate Child A P150,000
Illegitimate Child B P150,000

RULES PERTINENT TO INTESTATE SUCCESSION

A. Preference between lines
a. Direct descending line
b. Direct ascending line
c. Collateral line
e.g. Legitimate Children exclude Legitimate Parents
Legitimate Parents exclude Uncles and Aunts

B. Proximity
Those nearest in degree exclude the more distant ones
e.g. Legitimate Children exclude Legitimate Grandchildren
Exception: Representation – right by virtue of which the representative is
raised to the place and the degree of the person represented and acquires
the rights which the latter would have if he were living or if he could have
inherited.

It takes place in:

a. Direct descending line
b. Collateral line, in favor of the children of brothers or sisters.

Legitimate Parents exclude Legitimate Grandparents

Uncles exclude First Cousins

C. Equal division
Those of same degree shall inherit in equal shares.
e.g. Legitimate Children will have the same share.

MIXED SUCCESSION
Occurs when there are:
A. Omitted properties
B. After-acquired properties

Distribution Rules:
A. Properties mentioned in the Will – Testamentary Succession
B. Properties not mentioned – Intestate Succession

Atty. Voltaire Salud (Buslaw3)

Sample Form

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, _______________________________________ , a citizen of ______________________________ , and

resident of _____________________________ , being of sound and disposing mind and memory,
______________________________ and not acting under duress, undue influence, violence, intimidation or
fraud of whatever nature, do hereby make, publish and declare this to be my Last Will and Testament in
English, a language known to me, as follows:

I. I hereby direct that I be buried in _________________________ , in accordance with the rites of my

religion.

II. I hereby bind, obligate and instruct executor to be named herein, to distribute the following
bequests, legacies and gifts, to the persons named hereinbelow:

(1) To _________________________ , my (state relation), I give: (Specify here the property.)

(2) To _________________________ , my (state relation), I give: (Specify here the property.)

(3) To _________________________ , my (state relation), I give: (Specify here the property.)

III. I give the rest of my estate, both real and personal, whatsoever and wheresoever, except the
property otherwise disposed of by this my Last Will and Testament of any codicils hereto,
unto my spouse _______________________ and my children and heirs, in the manner and form
as follows:

(Name) (Share)

(1) To ______________________ ________________________

(2) To ______________________ ________________________

(3) To ______________________ ________________________

IV. I hereby appoint __________________ as the sole executor of this my Last Will and Testament,
without bond.
V. I hereby revoke and cancel any and all wills and codicils by me heretofore made.

VI. It is my wish that (state other special dispositions, if any.)

IN WITNESS WHEREOF, I have hereunto set my hand at ____________________ , Philippines, on

this _____________________ day of ___________________________ , 20___ .

_________________________
Testator
T.I.N ___________

ATTESTATION CLAUSE

The foregoing instrument, which is ordained, published and declared to be the Last Will and
Testament of ______________ , consisting of ___________________ ( ____ ) pages, all consecutively numbered
in letters, has on the date thereof been signed and subscribed by the aforenamed testator in the presence
of us who, at his/her express direction and in his/her presence and in the presence of one another, have
likewise signed our name jointly with him/her upon each and every page thereof, and subscribed
hereunder as witnesses thereto and in attestation thereof.

_______________________ ________________________
Witness Address

_______________________ ________________________
Witness Address

_______________________ ________________________
Witness Address

(ACKNOWLEDGMENT)

Atty. Voltaire Salud (Buslaw3)

Sample Form:

REPUBLIC OF THE PHILIPPINES)

________________________________) SS.
________________________________)

AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR

I, _____________________________ (name of heir), Filipino citizen, of legal age, widow, and a resident
of __________________________________________________________________fter being sworn according to law,
depose and say:

1. That ___________________________________________________ (name of decedent), his/her

________________________ (state), died intestate in ______________ on ___________________,
20___ , leaving certain real property located in _______________________________ , covered by
Original/Transfer Certificate of Title No. _______________ issued by the Register of Deeds of
___________________ , and more particularly described as follows:

(Technical Description of the Property)

2. That the decedent has left no known debts or obligations that have remained unpaid or
unsettled; neither has he/she left any ascendants or descendants or any other heirs entitled
to succeed to his/her estate, except the herein affiant who is his/her _____________ (state
relation);

3. That pursuant to the provision of Section 1, Rule 74 of the Rules of Court, I hereby
adjudicate unto myself the entire estate hereinabove described, subject only to contingent
liabilities to creditors, lawful participation wherein, for a period of two years from and after
the settlement and distribution of said estate, in accordance with Section 4, Rules 74 of the
Rules of Court.

I am executing this Affidavit to attest to the foregoing facts and circumstances and for all legal
intents and purposes it may serve.

IN WITNESS WHEREOF, I have set my hand this ________________ day of _________________,

20_______ at _________________________ , Philippines, on this _____________________.

_________________________
Affiant
T.I.N_____________

(NOTARIAL OATH)

Atty. Voltaire Salud (Buslaw3)

Sample Form

EXTRAJUDICIAL SETTELEMT OF ESTATE

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, made and entered into in this ___________ day of ____________ 20___, in
___________________ , Philippines by and between:

___________________________________- of legal age, single/married to

__________________________ , ________________ citizen, and with residence and postal address
at ________________________ ; and,

___________________________________- of legal age, single/married to

__________________________ , ________________ citizen, and with residence and postal address
at ________________________.

WITNESSETH: THAT –

WHEREAS, on ____________________ , 20___, (name of decedent), died intestate in the

_______________________ Philippines, leaving certain real property situated in __________________________,
covered by Original/Transfer Certificate of Title No. _________________ issued by the Register of Deeds of
______________________, and more particularly described as follows;

( Technical Description of the Property)

WHEREAS, the parties hereto are the sole and only heirs of the decedent entitled to succeed to
his/her estate, they being his/her (state relation);

WHEREAS there are no known debts or obligations due against the estate of said decedent; and

WHEREAS, it is to the best interest of the parties hereto to divide, partition and adjudicate
between/among themselves the entire estate particularly the real property above described extrajudicially
in the manner and form hereinafter set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises, and invoking the
provision of Section1, Rule 74 of the Rules of Court, the parties hereto have agreed as they hereby do so
agree to divide, partition and adjudicate the above estate between themselves in equal shares;

That in the remote event that any other property of the decedent should ever be found which is
not included hereinabove, the parties hereto further agree as they do so agree to settle and distribute the
same in like manner and proportion as herein established and disposed.

IN WITNESS WHEREOF, the parties hereto have hereunto set our hands at the place first above
written, on this ________________ day of _________________________ , 20 ___.

_____________________________ ____________________________
T.I.N T.I.N.

SIGNED IN THE PRESENCE OF:

___________________________ __________________________

(ACKNOWLEDGMENT)

Atty. Voltaire Salud (Buslaw3)