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THE LAW ON SUCCESSION

Disinheritance refers to an act by which the owner of an estate deprives a person who would otherwise be his heir, or the right to inherit it.

Grounds for Disinheritance of a Surviving Spouse When the spouse has been convicted of an attempt against the life of the testator, his or her ascendant, or descendants; 2. When the spouse has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more, and the accusation has been found to be false; 3. When the spouse, by fraud, violence, intimidation, or undue influence, causes the testator to make a will or to change one already made; 4.When the spouse has given cause for legal separation; 5.When the spouse has given grounds for the loss of parental authority;
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6.Unjustifiable refusal to support the children or the other spouse. Legal or Intestate Succession Intestate Succession is a legal succession because it takes effect through the operation of law because there is no decedents last will and testament to dispose the estate. Legal or intestate succession takes place: 1.If a person dies without a will, or with a void will, or one which has subsequently lost its validity; 2.When the will does not institute an heir to, or dispose of all the property belonging to the testator. 3. If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritances there being no substitution, and no right of accretion takes place; 4.When the heir instituted is incapable of succeeding, except in cases provided in this Code.

Heirs Nearest in Degree Exclude the Next Degree Article 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. Relative in the same degree shall inherit in equal shares, subject to the provisions of Article 1006, with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. Determination of Relationship Proximity of relationship is determined by the number of generations. Each generation forms a degree. A series of degrees may form a line, which may either be: A direct line is that constituted by the series of degrees among ascendants and descendants. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common successor.

Right of Representation Article 970. Representation is a right created by fiction of law, 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. The representation is called to the succession by the law, and not by the person represented. The representative does not succeed the person represented, but the one whom the person represented would have succeeded.

RIGHT OF REPRESENTATION IN DESCENDING AND COLLATERAL LINE

DIRECT

The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of the brothers or sisters, whether they are of the full or half-blood.

ORDER OF INTESTATE SUCCESSION

Article 978 of the Civil Code provides the following order of intestate succession: 1.Descendant, direct line 2.Ascendant, direct line 3.Collateral lines