characteristics of succession

7/29/2019 Characteristics of Succession

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CHARACTERISTICS OF SUCCESSION:

1.Mode of acquisition

2.The property, rights & obligations to the extent of the value of the inheritance transmitted

3.The transmission takes place only by virtue of death

4.The transmission takes place either by will or by operation of law

5.The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting of

the successional right) :

1.Death of the decedent

2.Express will of the testator calling succession and/or provision of law prescribing successors

3.Rights or properties are transmissible

4.Transferee is still alive (didnt predecease)5.Transferee is capacitated to inherit

6.Acceptance of the inheritance by the successor

KINDS OF SUCCESSION:

1. Testamentary succession by will

2. Intestate succession in default of a will

3. Mixed

Treatment of accruals under the laws of succession:

a. Article 793 refers to accruals after the making

of the will

b. Article 781 refers to accruals after the death of

the testator

a. Article 793 accruals dont always pertain to the

testate heirs

b. Article 781 accruals will always pertain to the

testate heirs

Will 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.


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Validity of wills

Extrinsic For Filipinos

For Foreigners

Intrinsic For Filipinos

For Foreigners

1. Governing law as to time

Article 795 law in force when will was executed

Same rule (assumption: will is being probated

here)

2. Governing law as to place

Law of citizenship

Law of citizenship

Law of domicile

Law of domicile

Law of residence

Law of residence

Law of place of execution

Law of place of execution

Philippine law

Philippine law

1. Governing law as to time

Article 2263 law at time of death

Article 16, Article 1039 depends on personal law

2. Governing law as to place

Article 16, Article 1039 Philippine law

Article 16, Article 1039 national law

Testamentary Capacity

1. All persons not expressly prohibited by law

2. 18 years old and above

3. Sound mind


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2 Kinds of Wills:

Notarial will Articles 804-806, & 807-808 in special cases

Holographic Articles 804 & 810

Common requirements that apply to the 2 kinds of wills

1. In writing

2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:

1.In writing

2.Executed in a language or dialect known to the testator

3.Subscribed by the testator himself or by the testators name written by some other person in hispresence & under his express direction at the end thereof, at the presence of witnesses

4.Attested & subscribed by at least 3 credible witnesses in the presence of the testator and of one

another

5.Each & every page must be signed by the testator or by the person requested by him to write is name,

& by instrumental witnesses in the presence of each other, on the left margin

6.Each & every page of the will must be numbered correlatively in letters placed on the upper part of

each page

7.Must contain an attestation clause, stating the following:

a.The number of pages of the will

b.Fact that the testator signed the will & every page in the presence of witnesses, or caused some other

person to write his name under his express directionc.All witnesses signed the will & every page thereof in the presence of the testator & of one another

d.Must be acknowledged before a notary public

Additional requisite if deaf or mute:

Must either:

1. Read will personally, if able to do so;

2. Otherwise, he shall designate 2 persons to read it & communicate to him the contents

Additional requisite if blind:

Will shall be read to him twice:

1. Once by one of the subscribing witnesses

2. Once by the notary public before whom it is acknowledged


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REQUISITES OF HOLOGRAPHIC WILL:

1.In writing

2.Executed in a language or dialect known to the testator

3.Entirely written, dated & signed by the hand of the testator himself

AMENDING A WILL:

A.Notarial will can only be amended through a codicil

B.Holographic will can be amended in 3 ways:

1.Dispositions may be added below the signature, PROVIDED that said dispositions are also dated &

signed & everything is written by the hand of the testator himself

2.Certain dispositions or additional matter may be suppressed or inserted PROVIDED that sad

cancellation is signed by the testator & is written by the testator himself (no need to be detailed)

3.Executing a codicil which may either be notarial or holographic

Effect of cancellation, addition insertion), or erasure on the validity of the will1.If made by the hand of the testator & authenticated by him: alters the will without affecting its validity

2.If made by the hand of the testator but was not authenticated by him: deemed as if not written at all

3.If made by testator but not handwritten: entire will is nullified

3.By a stranger & the testator has authenticated the same: entire will is nullified

4.Made by a stranger but not authenticated by the testator: deemed as if not written at all

What is a codicil? It is a supplementary or addition to a will, made after the execution of the will &

annexed to be taken as part by which any disposition in the original will may be explained, added to or

altered.

Qualifications of a witness and a testator:

Witness Testator

1.At least 18 years old

2.Physically fit (not deaf, dumb, blind)

3.Literate, able to read and write

4.No prior conviction for perjury/false

testimony/falsification

5.Not the notary public before whom the will is

acknowledged

6.Sound mind

7.Domiciled in the Philippines

1.Same

2.May be blind, deaf or deaf-mute

3.No literacy requirement

4.No such requirement


6.Same


REVOCATION OF A WILL:


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1.By implication of law

2.By the execution of a documentation with all the requisites of a will

3.By the physical act of destruction coupled with the intent to revoke

PROBATE It is a the special proceeding by which the validity of a will maybe established

Matters to be proved in a probate:

1.Whether the instrument which is offered for probate is the last will and testament of the decedent

2.Whether the will has been executed in accordance with the formalities prescribed by law

3.Whether the testator had testamentary capacity at the time of the execution of the will

GROUNDS FOR DISALLOWANCE OF A WILL:

1.The testator did not possess testamentary capacity at the time of execution2.The testator failed to comply with prescribed formalities

3.The execution of the will is attended by a vice of consent

INSTITUTION OF HEIR an act by virtue of which a testator designates in his will the person or persons

who are to succeed him in his property and transmissible rights and obligations

Requisites for a valid institution of heir:

1.Designation in will of person/s to succeed

2.Will specifically assigns to such person an inchoate share in the estate3.The person so named has capacity to succeed

4.The will is formally valid

5.No vice of consent is present

5.No preterition results from the effect of such will

3 principles in the institution of heirs:

1.Equality: heirs who are instructed without a designation of shares inherit in equal parts

2.Individuality: heirs collectively instituted are deemed individually named unless contrary intent is

proven

3.Simultaneity: when several heirs are instituted, they are instituted simultaneously & not successively

Rules regarding a persons right to dispose of his estate:

1.If one has no compulsory heirs:

a.He can give his estate to any person qualified to inherit under him

b.However, he must respect restrictions imposed by special laws


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2.If one has compulsory heirs:

a.He can give only the disposable portion to strangers

b.Legitimes of compulsory heirs must be respected or not imapired

PRETERITION:

1. There must be an omission of one, some or all of the heir/s in the will

2.The omission must be that of a COMPULSORY HEIR

3.Compulsory heir omitted must be of the DIRECT LINE

4.The omitted compulsory heir must be LIVING at the time of testators death or must at least have

been CONCEIVED before the testators death

Effects of preterition:

1.The institution of heirs is annulled

2.Devises & legacies shall remain valid as long as they are not officious

DISINHERITANCE It is the act by which the testator, for just cause, deprives a compulsory heir of his

right to the legitime.

Preterition vs.

PRETERITION Disinheritance

1.Tacit deprivation of legitime

2.May also be voluntary but is presumed to be

involuntary (as its an omission to mention as anheir or though mentioned, isnt instituted as an

heir)

3.Presumed by law to be a mere oversight

4.Compulsory heir is merely restored to his

legitime

1.Express deprivation of legitime

2.Always voluntary

3.Legal cause is present

4.Even a compulsory heir may be totally

excluded

Requisites for a valid disinheritance

1.Heir disinherited must be designated by name or in such a manner as to leave no room for doubt as to

who it is intended

2.Disinheritance must be for a cause designated by law

3.It must be made in valid will

4.It must be made expressly, stating the cause in the will itself

5.Cause must be certain & true, & must be proved by interested heirs if the person disinherited should

deny it

6.It must unconditional


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7.Must be total

Summary of causes of disinheritance

Grounds for disinheritance of:

Children/Descendants L or I Parents/ascendants L or I Spouse

1.Guilty/convicted of attempt

against life of testator/ spouse/

ascendant/ descendant

2. Accused testator/ decedent of

crime punishable by imprisonment

of more than 6 years, found

groundless, false

3. Convicted of adultery or

concubinage with spouse of

testator / decedent

4. Causes testator/ decedent to

make will or change one by fraud,

violence, intimidation, or undue

influence

5. Unjustified refusal to support

testator

6. Maltreatment of testator by

word & deed

7. Leading a dishonorable or

disgraceful life

8. Conviction of crime which carries

penalty of civil interdiction

1. Abandonment of children or

inducing children to live corrupt

and immoral life or attempted

against their virtue

2.Guilty/convicted of attempt

against life of testator/ spouse/


3. Accused testator/ decedent of

crime punishable by imprisonment


groundless, false

4. Convicted of adultery or

concubinage with spouse of

testator / decedent

5. Causes testator/ decedent to

make will or change one by fraud,violence, intimidation, or undue

influence

6. Loss of parental authority

7. Unjustified refusal to support

children or descendants

8. Attempt by one parent against

life of the other UNLESS theres

reconciliation between parents

1.Guilty/convicted of

attempt against life of

testator/ spouse/


2. Accused testator/

decedent of crime

punishable by imprisonment


groundless, false3. Causes testator/ decedent

to make will or change one

by fraud, violence,

intimidation, or undue

influence

4. Gave cause for legal

separation

5. Loss of parental authority

6. Unjustified refusal to

support children or other

spouse

Causes of vacancy in succession:

1. disinheritance

2. repudiation

3.incapacitated / predecease


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How are vacancies filled:

1.Substitution

2.Representation

3.Accretion

Classes of substitution

1. Singular or vulgar substitution

a. Simple

b. Brief

c. Compendious

d. Reciprocal

2. Fideicommissary Substitution

FIDEICOMMISSARY SUBSTITUTION A substitution is a 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.

Requisites of a fideicommissary substitution:

1.A 1st heir or fiduciary is first called to the enjoyment of the property so inherited

2.A 2nd heir or fideicommissary substitute

3.An obligation clearly imposed on the fiduciary to preserve & transmit the property to a

fideicommissary substitute4.The substitution doesnt go beyond the 1st degree of the fiduciary

5.The fideicommissary substitution is made expressly

6.Both the fiduciary & the fideicommissary substitute are living or at least conceived at the time of the

death of the testator

7.The fideicommissary substitution is imposed on the free portion of the estate & not on the legitime

LEGITIME - It is that part of the testators property which he cannot dispose of because the law has

reserved it for certain heirs called compulsory heirs.

Different classes of heirs:

1.Voluntary heirs succeed by virtue of a will

2.Legal or intestate heirs succeed by operation of law in the absence of a will

3.Compulsory heirs succeed because the law reserved for them

Classes Compulsory Heirs:


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1.Primary

a.Legitimate children & their descendants (legitimate)

b.Surviving spouse (legitimate)

c.Illegitimate children & their descendants (legitimate or illegitimate)

2.Secondary

a.Legitimate parents & ascendants (legitimate) inherit only in default of 1a

b.Illegitimate parents (no other ascendants) inherit only in default of 1a & 1c

Summary of legitimes of compulsory heirs:

1.Surviving relatives

2.Legitimate children & descendants

3.Surviving spouse

4.Illegitimate children

5.Legitimate parents & ascendants6.Illegitimate parents

1. LC alone 2. 1LC SS

(divided

by the # of

children)

Surviving relatives

Legitimate children & descendants


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Surviving spouse

Illegitimate children

Legitimate parents & ascendants

Illegitimate parents

Legitimate children

Surviving spouse

(divided by no. of children)

Same as the share @ legit child

Legitimate children


of the share of @ legit child

1 legitimate child surviving spouse illegitimate children



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2 or more legitimate children surviving spouse Illegitimate children


Same as the share of @ legit child


Legitimate parents alone

Legitimate parents


Legitimate parents

Surviving spouse


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Legitimate parents

Surviving spouse


1/8

Illegitimate children alone



Surviving spouse

1/3

1/3 (divided by no. of children)


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Surviving spouse alone

or 1/3 if marriage in articulo mortis

Illegitimate parents alone


Surviving spouse


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Remedy of compulsory heir in case of impairment of legitime:

1. If the impairment is total them 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 &

reduction of devises and legacies)

2. If the impairment is partial, then the compulsory heirs is entitled to completion of legitime under

Article 906

3. If the impairment is thru donation, then remedy is collation.

RESERVA TRONCALIt is that part of the decedents property that an ascendant, who inherits by

operation of law from his descendants which the latter may have acquired by gratuitous title from

another ascendant or sibling, is obliged by law to reserve such property for the benefit of 3rd degree

relatives who belong to the line from which the property which otherwise will go to certain specific heirs

but which law reserves to certain predetermined heirs.

Order of payment in case estate is INSUFFICIENT to cover legacies & devises

1. Remuneratory legacies or devises

2. Preferential legacies or devises declared by testator

3. Legacies for Support

4. Legacies for Education

5. Legacies or devises for Specific, determinate thing

6. All others, pro-rata

Causes for legal or intestate succession

Person dies without a will

Person dies with void will

Person dies with a will that subsequently loses validity

Will doesnt institute an heir or institution is void

Will doesnt dispose of ALL property belonging to the testator

Suspensive condition attached to the institution of the heir doesnt happen or isnt fulfilled

Heir predeceases, or repudiates the inheritance

Incapacity of the heir


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2 fundamental underlying principles in legal or intestate succession

Rule of Proximity nearer exclude the more remote

Rule of Equal Division equal division within the same group

Grounds when the right of representation will be available:

Disinheritance

Incapacity

Predecease

Who can exercise right of representation

Intestate succession only: heirs in the collateral line, but only in favor of the children of siblings

Both testate & intestate succession: heirs in the descending line, NEVER in the ascending lineOrder of Intestate succession of a legitimate child, an illegitimate child and an adopted child

Legitimate Child Illegitimate Child

Adopted Child 1

Legitimate child and legitimate descendants

legitimate child & legitimate descendants

legitimate child & legitimate descendants

2

Legitimate parents & legitimate ascendants

illegitimate children & legitimate or illegitimate descendants

illegitimate children & legitimate or illegitimate descendants

3

Illegitimate children & left or illegitimate descendants

illegitimate parents

legitimate or illegitimate parents & legitimate ascendants, adoptive parents

4


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Surviving spouse

surviving spouse

surviving spouse

5

Legitimate siblings, nephews, nieces

illegitimate siblings, nephews, nieces

siblings, nephews, nieces

6

Legitimate collateral relatives

State

State

7

State

Order of succession & concurrence in intestate succession Intestate Heir Excludes

Excluded By Concurs With

Legitimate children & Legitimate descendants

Ascendants, collaterals & state

No one

Surviving spouse


Illegitimate children & Descendants

Illegitimate parents, collaterals & state


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No one

Surviving spouse

Legitimate children & legitimate parents

Legitimate parents & legitimate descendants

Collaterals & state

Legitimate children

Illegitimate children & surviving spouse


Collaterals & state

Legitimate children & illegitimate children

Surviving spouse

Surviving spouse

Collaterals other than siblings, nephews and nieces

No one

Legitimate children


Legitimate parents & Illegitimate parents

Siblings, nephews nieces

All other collaterals & state

Legitimate children, illegitimate children,

Legitimate parents & illegitimate parents

Surviving spouse

Other collaterals within 5th degree

Collateral remoter in degree & state


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Legitimate children


Legitimate parents

Illegitimate parents &

Surviving spouse

Collaterals in the same degree

State

No one

Everyone

No one

Summary of intestate shares:

Legitimate children & legitimate descendants alone

Intestate Heir Share As Legitime

Share as Free Disposal

Total Intestate Share

Legitimate children

1

TOTAL

1


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One legitimate child and surviving spouse




Legitimate child

Surviving spouse

TOTAL

1

Legitimate children & surviving spouse




Legitimate children


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Remaining portion of estate after paying

Whole estate divided equally between total number of children plus the surviving spouse

Surviving spouse

Same as share of @ legitimate child

Legitimes to be divided equally between total no. of children plus the surviving spouse

No. of children plus the surviving spouse

TOTAL

Varies on no. of children


1 1

Legitimate children & illegitimate children




Legitimate children

Remaining portion of estate after paying

Whole estate divided by the ration of 2 for each legitimate child


share of @ legitimate child

Legitimes to be divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child

1 for @ illegitimate child provided that legitimes wouldnt be impaired

TOTAL


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One legitimate child, illegitimate children, & surviving spouse




Legitimate child

Remaining portion of estate after paying legitimes to be divided by the ration of 2 for @ legitimate child,

1 for @ illegitimate child

Whole estate divided by the ratio of 2 @ legitimate child

Illegitimate child

share of @ legitimate child



Surviving spouse

& 2 for the surviving spouse

Legitimes wouldnt be impaired

TOTAL

Varies depending on no. of illegitimate children


1


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Legitimate children, illegitimate children & surviving spouse




Legitimate children

Remaining portion of estate, if any after paring legitimes to be divided by the ratio of 2 for @ legitimate

child

Whole estate divided by the ratio of 2 for @ legitimate child


share of @ legit child



Surviving spouse

& 2 for the surviving spouse

& 2 for the surviving spouse provided that legitimes wont be impaired

TOTAL



1

Legitimate parents alone


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Legitimate parents

1

TOTAL

1

Legitimate parents & illegitimate children




Legitimate parents



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TOTAL

1

Legitimate parents & surviving spouse




Legitimate parents

Surviving spouse

1/8

1/8

TOTAL

1

Legitimate parents, surviving spouse & illegitimate children



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1/3

1/6

Surviving spouse

1/8

1/8


1/4

TOTAL

7/8

1/8

1







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1

TOTAL

1

Illegitimate children & surviving spouseIntestate Heir Share As Legitime




1/3

1/6

Surviving spouse

1/3

1/6

TOTAL

2/3

1/3

1


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Surviving spouse




Surviving spouse

or 1/3

or 1/3

1

TOTAL

or 1/3

or 1/3

1

Illegitimate parents alone





1


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Illegitimate parents & surviving spouse





Surviving spouse

TOTAL

1

Siblings, nephews & nieces alone




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Siblings, nephews, nieces

1

TOTAL

1

Surviving spouse, siblings, nephews & nieces




Surviving spouse

Siblings, nephews, nieces

TOTAL


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1

Requisites for accretion to take place:

Unity of object

Plurality of heirs

Some of the heirs cannot or are disqualified to accept (R.I.P)

Others are accepting &

There has been earmarking

Incapacity to succeed because of possible undue influence

Priest who heard confession during last illness & his relatives with thin the 4th degree & the order,chapter, etc., to which the priest belongs

Guardian before final accounts have been approved EXCEPT if an ascendant, descendant, sibling, spouse

Attesting witness to execution of will & their spouses, parents, children or any one claiming under them

Physician, surgeon, nurse who took care of testator during his last illness

Individuals, associations, corporations not permitted by law to inherit

Validity and Effect of Legacy/Devise

Thing owned in part by testator (Article 929)

General Rule: Conveys only interest or part owned by testator

Exception: if testator otherwise provides

a. He may convey more than what he owns - the state shld try to acquire the part or interest owned by

other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the

monetary equivalent (analogy with Article 931)

b. He may convey less than what he owns (Article 794)

Thing owned by another (Articles 930-931)

General Rule:

a. If testator ordered acquisition of the thing - the order should be complied with. If the owner is

unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent

b. If testator erroneously believed that the thing belonged to him - legacy/device is void


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Exception: if testator acquire the thing onerously or gratuitously after making of the disposition,

disposition is validated

c. If testator knew that the thing did not belong to him but did not order its acquisition - code is silent

but disposition shld be considered valid (Balane & Tolentino) - there is an implied order to acquire &

doubts must be resolved in favor of intestacy

Thing already owned to the legatee/devisee (Articles 932-933)

a. If thing already belonged to legatee/devisee at time of execution of will legacy/devise is void

b. If thing was owned by another person at time of making the will and thereafter it is acquired by

legatee/devisee

1. If testator erroneously believed that he owned the thing legacy /devise is void

2. If testator was not in error -

i. If thing was acquired onerously by L/D L/D entitled to be reimbursed

ii. If thing was acquired gratuitously by L/D nothing is due

iii. If thing was owned by testator at time will was made and L/D acquired the thing from him

thereafter law is silent (Balane: deemed revoked)

Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2)

Valid, if the encumbrance can be removed for a consideration

Legacy/Devise of a thing pledged or mortgaged (Article 934)

The encumbrance must be removed by paying the debt unless the testator intended otherwise

COLLATION - To collate is to bring back or to return to the hereditary mass, in fact or by fiction,

property which came from the estate of the decedent, during his lifetime, but which the law considers

as an adverse from the inheritance. 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 & the will of the testator.

Important periods to remember:

1 month or less before making a will

Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will


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20 years

Maximum period testator can prohibit alienation of dispositions

5 years from delivery to the State

To claim property escheated to the State

1 month

To report knowledge of violent death of decedent lest he be considered unworthy

5 years from the time disqualified person took possession

Action for declaration of incapacity & for recovery of the inheritance, devise or legacy

30 days from issuance of order of distribution

Must signify acceptance/repudiation otherwise, deemed accepted

1 month form written notice of sale

Right to repurchase hereditary rights sold to a stranger by a co-heir

10 years

To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action

accrues

5 years from partition

To enforce warranty of solvency of debtor of the estate at the time partition is made

4 years form partition

Action for rescission of partition on account of lesion

SUCCESSION

GENERAL PROVISION

Succession - 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 his will or by operation law.

- Mode of transmitting ownership.


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Basis of succession

Rights over property

The right of the family (intestate succession)

Eclectic theory tries to harmonize the two principles individual and social.

Kinds

Testamentary or testacy by will or codicil

Legal or intestacy operation of law, if the will is invalid

Mixed partly by will and by legal

Elements

Subjective element (art. 775)

a. Decedent applies to a deceased person whose property is transmitted whether he left a will or

not.

- Testator a person who left a will

b. Inheritance all property, rights and obligations of a person which are not extinguished by his

death. (776)

Obligations of the deceased are only up to the value of the inheritance left by him to his heirs. (it is right

to say that debts are not inherited; Estate debts = inheritance)

In general, obligations are transmissible, unless purely personal like obligations between husband and

wife, and those non-transferrable by law or contract.

Example of rights extinguished by death

a. Personal rights like marital rights, parental authority, support, action for legal separation,

partnership, and agency.

b. Right to recognition of a legitimate or an illegitimate child.

Except when actions has already been filed. Also actions transmitted to heirs if child dies during minority

or a state of insanity. Heirs have 5 years to file the action. (173 FC)

Actions already commenced survives notwithstanding death of the party.id

Action for adoption is not extinguished by death of the adopter. (sec. 13. RA 8552)


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c. Right to hold office or job, public or private.

d. Right of a lawyer to represent his client.

Rights to succession are transmitted from the moment of death of the decedent. (777)

Heirs become owners on date of the decedents death, although properties are delivered to them later.

Both acceptance and repudiation retroact to the moment of death.

Inheritance includes not only transmissible rights and obligations at the time of death, but also those

accrued since the opening of the succession. (781)

HEIR - called to succession by will or operation of law; also one who succeeds by universal title or to all

or a fraction or aliquot part of the estate. May be;

Compulsory those who succeed by force of law to some portion of inheritance in an amount

predetermined by law known as legitime.

Voluntary those instituted by the testator in his will, to succeed to the inheritance or the

portion thereof of which the testator can freely dispose.

Compulsory heir can also be a voluntary heir of the free portion.

Devisee one given a gift of real property in a will.

Legatee one given a gift of personal property in a will.

This two preceding exist only in testamentary succession.

In preterition, an instituted heir gets nothing, while the legatee or devisee gets the property given

to him as long as the legitime is not impared.

Imperfect inheritance

After - acquired properties


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Acceptance or non repudation of successiona rights.

DUAL STATUS of HEIR

In a will, a compulsory heir may be given more than his legitime.

He is a compulsory heir with respect to the legitime. He is a voluntary heir with respect to the excess.

If a compulsory heir dies ahead of the testator, the legitime goes to the child by representation.

The child of a voluntary heir who predeceases the testator gets nothing, because there is no

representation among voluntary heirs nor in the free portion.

The successor must

Survive the decedent

Willing to accept the inheritance

Capacitated to inherit

Inchoate rights = before the death of the decedent

It does not matter if the will is admitted, transmission is at the moment of death.

Condition actual or personal

- Properties and rights are transmissible

- Transferee is alive.

Court only decide on the formality of the will

Death = estate = co-ownership = can validly dispose a share.

Investigation of paternity must be done during the lifetime of the parents.

Heirs may be sued


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Declaration of heirship must be in the administration proceedings and not in a separate proceeding.

Court has no power to order to sell pending determination of validity of administration.

If heir is unduly deprived he has 2 yrs to act.

If the administrator sells it is also considered as the heir is selling. The heirs are not stranger to the

transaction.

Inventory = is not an incidental duty of the administrator, the administrator can solely be held liable.

Concealment of heir can still file a claim because he is already an owner.

characteristics of succession

Documents