succession memorize
DESCRIPTION
successionTRANSCRIPT
INTESTACYException to rule on proximity
1. Representation2. Relatives in descending line are preferred
over relatives in ascending line3. Relatives in direct lien are preferred over
relatives in collateral line
Exception to rule on equal of division1. Decedent’s brothers and sisters of the full blood
are entitled to twice the shares of the brothers and sisters of the half blood.
2. In the ascending line, the inheritance is divided equally between the paternal and maternal live, within each line, the inheritance is divided per capita
3. Whenever heirs inherit by right of representation, the representatives get only that portion which the person represented would otherwise inherit if he were living and could inherit.
Order of Succession(p. 770-771)
If the testator was a legitimate child
Priority Intestate heirsFirst Legitimate children and other legitimate
descendantsSecond In default of the foregoing, legitimate
parents and other legitimate ascendantsThird Illegitimate children and their descendants,
whether legitimate or illegitimateFourth Surviving spouseFifth Legitimate brothers, sisters, nephews and
niecesSixth Other legitimate collateral relatives up to
the 5th civil degreeSeventh State
If the testator was an illegitimate child
Priority Intestate HeirsFirst Legitimate children and other legitimate
descendantsSecond Illegitimate children and their descendants,
whether legitimate or illegitimateThird In default of the 1st & 2nd, the illegitimate
parentsFourth Surviving spouseFifth Illegitimate brothers, sisters, nephews and
niecesSixth The state
Difference between the succession to a legitimate and an illegitimate descendant
Legitimate descendant Illegitimate descendantLegitimate parents & other legitimate ascendants are excluded only be legitimate children and their legitimate descendants, as well as by an adopted child
Illegitimate parents are excluded by any descendant whether legitimate, adopted or illegitimate
Legitimate parents and other legitimate ascendants enjoy a preference over illegitimate children and their descendants
Illegitimate children and their descendants enjoy a preference over the illegitimate parents
Succession in the ascending line includes legitimate parents and other legitimate ascendants
Succession in the ascending line is limited to the illegitimate parents only. Other illegitimate ascendants are excluded
Legitimate brothers, sisters, nephews and nieces enjoy a preference over all other legitimate collateral relatives within the 5th degree, for which reason they exclude legitimate uncles and aunts
In the collateral line, succession is limited to the illegitimate brother, sisters nephews and nieces. No other collateral relative is called to the succession.
TEST OF SUFFICIENCY OF THE ESTATE (p.776)In intestate succession and whenever there are no illegitimate children succeeding the decedent, the distribution of the estate among the intestate heirs is a relatively simple process; just follow the proportion fixed by law. In the following combination of intestate heirs, there will never be a case where the distribution of the estate would require the reduction of the legitime:
Combination of intestate heirs
Intestate shares
1 legitimate (or adopted child)
Entire estate
2 or more legitimate (and/or adopted) children
Entire estate divided equally
1 legitimate (or adopted) child and spouse
½; ½
2 or more legitimate (and/or adopted) children
& spouse
Entire estate divided equally
Legitimate parents Entire estate divided equally
Legitimate paternal and maternal ascendants
Entire estate divided per stirpes
Illegitimate parents Entire estate divided equally
Spouse Entire estateSpouse with brothers and
sisters½; ½, subject to A1006
Brothers, sisters, nephews, and nieces
Entire estate divided equally subject to the right
of representation and A1006
Collateral relatives within the fifth degree
Entire estate divided equally
The State Entire estateSUFFICIENCY TEST (p 777-778)
If Strict Legitime > Free Portion = Estate is enough to pay the full intestate share of all the heirs
If Strict Legitime < Free Portion = Estate is insufficient to pay the full intestate shares of the
heirs
CONCURRENCE OF INTESTATE HEIRS (p.810)Concurring heirs Share
Legitimate and illegitimate children
Each illegitimate children is entitled to half of the share of the legitimate child
Legitimate and illegitimate children, and the surviving
spouse
Each illegitimate children is entitled to half the share of a legitimate child. The SS gets the same share as the LC. In any case, the legitime of the LC and the SS cannot be reduced
Illegitimate parents and the surviving spouse
In the absence of legitimate or illegitimate children, the illegitimate parents inherit from the decedent. When illegitimate parents concur with the SS, the former are entitled to half the estate and the latter to the other half. If both illegitimate parents survive, they are entitled
to equal shares.Illegitimate brothers and sisters and the surviving
spouse
In the absence of legitimate or illegitimate children and illegitimate parents, the illegitimate brothers and sisters inherit from the decedent. When such brothers and sisters concur with the SS, the former are entitled to half the estate and latter to the other half.
SS812
Intestate heir Intestate shareLEGITIMATE and/or
ADOPTED CHILDREN and their LEGITIMATE
DESCENDANTS(Excluding the
descendants of the adopted children)
The entire estate shall be divided equally among the legitimate and or adopted children. The legitimate descendants of a legitimate child may exercise the right of representation in cases of predeceased and incapacity. The illegitimate descendants of a legitimate child are barred by A992 from exercising the right of representation. An
adopted child may not be represented by his or her descendants.
Concurring with illegitimate children and
their descendants
An illegitimate child gets half the estate of a legitimate and/or adopted child. The intestate share of an illegitimate child may be reduced if the division prescribed above would result in the impairment of the legitime of the legitimate and/or adopted children. A predeceased, incapacitated or disinherited illegitimate child may be represented by his or her descendants, whether legitimate or illegitimate
Concurring with the surviving spouse
The estate shall be divided equally among
themConcurring with the
surviving spouse and the illegitimate children
The ss gets the same share as a legitimate and/or adopted child. Each of the illegitimate children shall get half the share of legitimate and/or adopted child; provided
that the intestate share of the illegitimate children shall be paid only after the intestate share of the SS has been paid; and provided further that the intestate share of the illegitimate children may be reduced, if after payment of the intestate share of the ss, the estate is insufficient to pay in full the share of the illegitimate children.
LEGITIMATE PARENTS or LEGITIMATE ASCENDANTS
The estate shall be divided equally between the surviving parents, provided that if there is only 1 surviving parent, the entire estate shall be given to the survivor. If there is no surviving parent, the estate shall be adjudicated to the ascendants nearest in degree, dividing the estate equally between the paternal and maternal lines; provided that in each line the intestate share shall be divided per
capita, if there are no surviving ascendants in on line, the entire estate shall be adjudicated to the line with surviving ascendants, illegitimate ascendants (I,e illegitimate grandparents and beyond) do not have successional rights. There is no right of representation in the ascending line.
Concurring with illegitimate children and
their descendants
Half the estate shall be given to the legitimate parents who shall divide the same equally between them, or otherwise consolidated in the surviving parent. In the absence of surviving parents, the legitimate ascendants will half the estate diving the same per stirpes, but within each line the inheritance shall be divided between the surviving ascendants per capita. The other half of the estate shall be divided equally among the
illegitimate children, subject to the right of representation of the grandchildren regardless of legitimacy.
Concurring with the surviving spouse
The SS shall be given half the estate. The other half shall be given to the surviving parents (per capita) or legitimate ascendants (per stirpes)
Concurring with the surviving spouse and
illegitimate children and descendants
Legitimate parents or in their default, the legitmate ascendants shall take half of the estate. The SS takes ¼ of the estate. Collectively, the illegitimate children take ¼ of the estate and shall divide the same equally among them
ILLEGITIMATE CHILDREN and their
DESCENDANTS
The entire estate shall be given to the illegitimate children who shall divide the same equally among them, subject to the right of representation of the grandchildren regardless of legitimacy.
Concurring with the surviving spouse
The SS shall take half of the estate, the other half
shall be given to the illegitimate children who shall divide the same equally among them, subject to the right of representation of the grandchildren regardless of legitimacy.
ILLEGITIMATE PARENTS
The illegitimate parents shall take the entire estate which shall be divided equally between them. Should there be only 1 surviving illegitimate parent, the entire estate shall be adjudicated to the survivor, illegitimate ascendants do not have successional rights.
Concurring with the surviving spouse
The illegitimate parents shall take half of the estate, dividing the inheritance equally between them. If there is only 1 surviving illegitimate parent, he or she takes the entire half of the estate. The other half shall be given to the SS.
SURVIVING SPOUSE The SS is entitled to the
entire estate. The rule in A900(i.e ½, 1/3; ½) is not applicable to the intestate share of the SS; it relates solely to his or her legitime
Concurring with brothers, sisters, nephews and
nieces
The SS shall take hald of the estate. The other half shall pertain to the brothers and sister, subject to the tight of representation of nephews and nieces. In the appropriate case, the nephews and nieces may inherit in their own right. The successional rights of brothers, sisters, nephews and nieces are subject to the provisions of A992 and 1006.
BROTHERS, SISTERS, NEPHEWS and NIECES
Brothers and sisters, concurring with the children of predeceased or incapacitated brother or sister will take the entire estate; provided that the children of a predeceased or incapacitated brother or sister inherit by right of representation; provided
further that their successional rights are subject to the provisions of A992 and 1006
OTHER COLLATERAL RELATIVES
Other collateral relatives shall take the entire subject to the strict application of the rule of proximity and A992
THE STATE Whenever the State inherits, it takes the entire estate.
TESTACY
TABLE OF LEGITIME (p.581)Survivors Ref LC SS IC LP IP
LC only A882 ½ ÷ LC
1LC & SS A892 ½ ¼2 or more LC, IC &
SS
A892, 895,897
,898
½ ÷ LC
1 LC ½ LC
SS & IC A894 1/3 1/3LP, SS &
ICA896, 899
1/8 ¼ ½
LP only A889 ½IC only A901 ½SS only A900 ½;1/
3; ½LP & SS A893 ¼ ½
IP only A903 ½IP & SS A903 ¼ ¼
COLLATION FORMULA (p.591)Value of the properties at time of death of decedentLess a) unpaid debts that are not extinguished
by his deathb) estate tax
Net Hereditary Estate (will be distributed to the heirs)Plus: Collationable donationsTheoretical Hereditary Estate (Basis for calculating legitime of compulsory heirs)
DISINHERITANCE(essential features)
1. Disinheritance can only occur in testamentary succession.
2. Only compulsory heirs may be disinherited. Voluntary heirs cannot be disinherited, they are not entitled to the legitime
3. Any testamentary disposition in favor of a voluntary heir may be revoked by the testator at any time prior to his death with or without cause (provided the testator still possesses testamentary capacity, and such revocation cannot be construed as a form of disinheritance)
4. A valid disinheritance carries with it the automatic revocation of any and all testamentary disposition made by the testator in prior wills in favor of the disinherited heir. Such revocation need not be
made expressly in the will that disinherits such compulsory heir. Note that disinheritance is the total exclusion of an heir from the inheritance of the testator
5. A valid disinheritance bars the disinherited hair from the testator both by testacy and intestacy. The disinheritance of a compulsory heir is an express directive of the testator to exclude such compulsory heir from the inheritance. The rules of intestacy are premised on the assumption that had the decedent written a valid will, he would have distributed his estate among his relatives in the order of preference established by the law on intestacy. The rules of intestacy therefore are based on the presumed will of the testator. Accordingly, if a person in his will expressly directed the exclusion of the disinherited compulsory heir, there is no basis to grant successional rights to the disinherited heir based on the presumed will of the same person.
p.868PRINCIPLES ON REPRESENTATION
(p. 876)
COMPARATIVE CHARTEffects of Repudiation, Disinheritance and
Preterition (p.898)
Basis of computatio
Repudiation
Disinheritance
Preterition
nExtent of exclusion of the heir
Generally total, except as provided in A 954,955, and 1055
Total. The law does not provide for partial disinheritance
Total. Where the omission of the compulsory heir is partial, the remedy is completion of legitime under A 906
Right of representation
Not available
Available in the descending line but only with respect to the legitime of the disinherited heir, and subject to A992
None. The preterited heir is entitled to full recovery. But if the preterited heir predeceased the testator, the descendants of the former may invoke A 906
Recovery None. Available Available.
Repudiation is final unless the repudiator is able to prove vice of consent
through the right of representation given to the descendants of the disinherited heir, but is limited to the legitime and is subject to A992
The preterited heir is entitled, at the very least, to recover the legitime
Application Testate and intestate succession
Testamentary succession only.
Testamentary succession only