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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 CHARACTERISTICS OF SUCCESSION: 1. Mode Mode of acqu acquis isit itio ion n 2. The The prope property rty,, rights rights & oblig obligati ation ons s to the extent extent of the value value of the inheri inheritan tance ce transmitted 3. The transm transmissio ission n takes takes place place only only by virtue virtue of death death 4. The transmi transmissio ssion n takes takes place eithe eitherr by will or by operat operation ion of law law 5. The The tran transmi smissi ssion on to to anoth another er REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting of the successional successional right): 1. Deat Death h of the the dece decede dent nt 2. Express Express will of the testator testator calling calling successio succession n and/or provisi provision on of law prescribing prescribing successors 3. Rights Rights or or prope properties rties are transmis transmissibl sible e 4. Transfere Transferee e is still still alive alive (did (didn’t n’t prede predeceas cease) e) 5. Transfere Transferee e is is capaci capacitate tated d to inherit inherit 6. Accepta Acceptance nce of of the inheritan inheritance ce by the the succes successor sor KINDS OF SUCCESSION: 1. Testamentary – succession by by will 2. Inte Intes state – su succe ccessio sion in in de default of a will ill 3. Mixed Treatment of accruals under the laws of succession: 1. a. Article Article 793 793 refer refers s to accruals accruals after after the the making making of the the will b. Article 781 refers to accruals after the death of the testator 2. a. Article Article 793 793 accru accruals als don’t don’t always always pertai pertain n to the testate testate heirs 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. Validity of wills EXTRINSIC 1. Gove Govern rnin ing g law law as to time time 2. Governing law as to place
INTRINSIC 1. Gove Govern rnin ing g law law as to time time 2. Gove Govern rnin ing g law law as as to plac place e
FOR FILIPINOS Arti Articl cle e 795 795 – law law in forc force e when will was executed Law of citizenship Law of domicile Law of residence Law Law of plac place e of exec executi ution on Philippine law
FOR FOREIGNERS Same rule (assumption: will is being probated here) Law of citizenship Law of domicile Law of residence Law Law of plac place e of exec executi ution on Philippine law
FOR FILIPINOS Arti Articl cle e 226 2263 3 – law law at at tim time e of death Arti Articl cle e 16, 16, Art Artic icle le 103 1039 9– Philippine Philippine law
FOR FOREIGNERS Article 16, Article 1039 – depends on personal law Article 16, Article 1039 – national law
Testamentary Capacity 1. All perso rsons no not ex expres ressly sly pro proh hibi ibited ted by by la law 2. 18 years old and above 3. Sound mind 2 Kinds of Wills: 1. Notarial Notarial will will – Articles Articles 804-806 804-806,, & 807-808 807-808 in specia speciall cases 2. Holog Holograp raphic hic – Articl Articles es 804 804 & 810 810
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 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 testator’s name written by some other person in his presence & 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 direction c. All witnesses signed the will & every page thereof in the presence of the testator & of one another 8. Must be acknowledged before a notary public Additional requisite if deaf or mute: Must either: 1 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 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: 1. Notarial will can only be amended through a codicil 2. Holographic will can be amended in 3 ways: a. 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 b. 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) c. Executing a codicil which may either be notarial or holographic Effect of cancellation, addition insertion), or erasure on the validity of the will 1. 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
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 4. By a stranger & the testator has authenticated the same: entire will is nullified 5. 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 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
TESTATOR 1. 2. 3. 4.
Same May be blind, deaf or deaf-mute No literacy requirement No such requirement
5. No such requirement 6. Same 7. No such requirement
REVOCATION OF A WILL: 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 execution 2. 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 estate 3. The person so named has capacity to succeed 4. The will is formally valid 5. No vice of consent is present 6. 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
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 3. Simultaneity: when several heirs are instituted, they are instituted simultaneously & not successively Rules regarding a person’s 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 2. If one has compulsory heirs: a. He can give only the disposable portion to strangers b. Legitimes of compulsory heirs must be respected 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 testator’s death or must at least have been CONCEIVED before the testator’s death Effects of preterition: 1. The institution of heirs is annulled 2. Devises & legacies shall remain valid as long as they aren’t 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. Disinheritance DISINHERITANCE Express deprivation of legitime Always voluntary
PRETERITION Tacit deprivation of legitime May also be voluntary but is presumed to be involuntary (as it’s an omission to mention as an heir or though mentioned, isn’t instituted as an heir) Presumed by law to be a mere oversight Compulsory heir is merely restored to his legitime
Legal cause is present 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 7. Must be total Summary of causes of disinheritance GROUNDS FOR DISINHERITANCE CHILDREN / DESCENDANT
PARENTS /
SPOUSE
ASCENDANTS
UNWORTHINE SS
S
1
Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant
*
*
*
*
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001
GROUNDS FOR DISINHERITANCE
CHILDREN / DESCENDANT
PARENTS /
SPOUSE
ASCENDANTS
UNWORTHINE SS
S
2
3
4 5
6 7 8
9
10 11
12 13
14
15
Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found groundless, false Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue influence Unjustified refusal to support testator Convicted of adultery or concubinage with spouse of testator / decedent Maltreatment of testator by word & deed Leading a dishonorable or disgraceful life Conviction of crime which carries penalty of civil interdiction Abandonment of children or inducing children to live corrupt and immoral life or attempted against virtue Loss of parental authority Attempt by one parent against life of the other UNLESS there’s reconciliation between parents Spouses given cause for legal separation Failure to report violent death of decedent within 1 month, unless authorities have already taken action Force, violence, intimidation or undue influence to prevent another from making a will or revoking one already made or who supplants or alters the latter’s will Falsifies or forges a supposed will of the decedent
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * *
* *
*
Causes of vacancy in succession: 1. The testator creates it himself – disinheritance 2. The does something – repudiates 3. Something happens to the heir – incapacitated / predecease
* *
*
*
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 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: st 1. A 1 heir or fiduciary is first called to the enjoyment of the property so inherited nd 2. A 2 heir or fideicommissary substitute 3. An obligation clearly imposed on the fiduciary to preserve & transmit the property to a fideicommissary substitute st 4. The substitution doesn’t go beyond the 1 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 testator’s 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: 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: SURVIVING LEGITIMATE SURVIVING RELATIVES CHILDREN & SPOUSE DESCENDANTS
Legitimate children alone 1 legitimate child surviving spouse
½ (divided by the # of children) ½
ILLEGITIMATE CHILDREN
LEGITIMATE PARENTS & ASCENDANTS
¼
ILLEGITIMATE PARENTS
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001
SURVIVING RELATIVES
LEGITIMATE CHILDREN &
SURVIVING
ILLEGITIMATE
SPOUSE
CHILDREN
DESCENDANTS
Legitimate children Surviving spouse Legitimate children Illegitimate children 1 legitimate child surviving spouse illegitimate children 2 or more legitimate children surviving spouse Illegitimate children Legitimate parents alone Legitimate parents Illegitimate children Legitimate parents Surviving spouse Legitimate parents Surviving spouse Illegitimate children Illegitimate children alone Illegitimate children Surviving spouse Surviving spouse alone
Illegitimate parents alone Illegitimate parents Surviving spouse
LEGITIMATE PARENTS &
ILLEGITIMATE PARENTS
ASCENDANTS
½ (divided by no. of children) ½
Same as the share @ legit child
½
¼
½ of the share of @ legit child
½ (divided by no. of children)
Same as the share of @ legit child
½ of the share of @ legit child
½ of the share of @ legit child
½ ¼
½
¼
½
¼
1/8
1/3
½ (divided by no. of children) 1/3 (divided by no. of children)
½ or 1/3 if marriage in articulo mortis ½ ¼
¼
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.
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 RESERVA TRONCAL – It is that part of the decedent’s 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 3 rd 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 1. Person dies without a will 2. Person dies with void will 3. Person dies with a will that subsequently loses validity 4. Will doesn’t institute an heir or institution is void 5. Will doesn’t dispose of ALL property belonging to the testator 6. Suspensive condition attached to the institution of the heir doesn’t happen or isn’t fulfilled 7. Heir predeceases, or repudiates the inheritance 8. Incapacity of the heir 2 fundamental underlying principles in legal or intestate succession 1. Rule of Proximity – nearer exclude the more remote 2. Rule of Equal Division – equal division within the same group Grounds when the right of representation will be available: 1. Disinheritance 2. Incapacity 3. Predecease Who can exercise right of representation 1. Intestate succession only: heirs in the collateral line, but only in favor of the children of siblings 2. Both testate & intestate succession: heirs in the descending line, NEVER in the ascending line Order 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 child & legitimate child & legitimate descendants legitimate descendants legitimate descendants 2 Legitimate parents & illegitimate children & illegitimate children & legitimate ascendants legitimate or illegitimate legitimate or illegitimate descendants descendants 3 Illegitimate children & left illegitimate parents legitimate or illegitimate or illegitimate parents & legitimate descendants ascendants, adoptive parents 4 Surviving spouse surviving spouse surviving spouse 5 Legitimate siblings, illegitimate siblings, siblings, nephews, nieces nephews, nieces nephews, nieces 6 Legitimate collateral State State relatives 7 State
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Order of succession & concurrence in intestate succession INTESTATE HEIR EXCLUDES EXCLUDED B Y Legitimate children Ascendants, No one & Legitimate collaterals & state descendants Illegitimate children Illegitimate parents, No one & Descendants collaterals & state Legitimate parents & legitimate descendants Illegitimate parents
Collaterals & state
Legitimate children
Collaterals & state
Legitimate children & illegitimate children No one
Surviving spouse
Collaterals other than siblings, nephews and nieces
Siblings, nephews nieces
All other collaterals & state
Other collaterals within 5th degree
Collateral remoter in degree & state
State
No one
Legitimate children, illegitimate children, Legitimate parents & illegitimate parents Legitimate children Illegitimate children Legitimate parents Illegitimate parents & Surviving spouse Everyone
Summary of intestate shares: 1. Legitimate children & legitimate descendants alone INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate children ½ ½ TOTAL ½ ½ 2. One legitimate child and surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate child ½ Surviving spouse ¼ ¼ TOTAL ¾ ¼
CONCURS WITH Surviving spouse Illegitimate children Surviving spouse Legitimate children & legitimate parents Illegitimate children & surviving spouse Surviving spouse
Legitimate children Illegitimate children Legitimate parents & Illegitimate parents Surviving spouse
Collaterals in the same degree
No one
TOTAL INTESTATE SHARE 1 1
TOTAL INTESTATE SHARE ½ ½ 1
3. Legitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate children ½ Remaining portion of Whole estate divided estate after paying equally between total number of children plus the surviving spouse Surviving spouse Same as share of @ Legitimes to be No. of children plus legitimate child divided equally the surviving spouse between total no. of children plus the surviving spouse TOTAL Varies on no. of Varies on no. of 1
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 children
children
4. Legitimate children & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate children ¼ Remaining portion of Whole estate divided estate after paying by the ration of 2 for each legitimate child Illegitimate children ½ share of @ Legitimes to be 1 for @ illegitimate legitimate child divided by the ration child provided that of 2 for @ legitimate legitimes wouldn’t be child, 1 for @ impaired illegitimate child TOTAL Varies on no. of Varies on no. of children children 5. One legitimate child, illegitimate children, & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate child ½ Remaining portion of Whole estate divided estate after paying by the ratio of 2 @ legitimes to be legitimate child divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child Illegitimate child ½ share of @ 1 for @ illegitimate 1 for @ illegitimate legitimate child child child Surviving spouse ¼ & 2 for the surviving Legitimes wouldn’t spouse be impaired TOTAL Varies depending on Varies depending on 1 no. of illegitimate no. of illegitimate children children 6. Legitimate children, illegitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Legitimate children ½ Remaining portion of Whole estate divided estate, if any after by the ratio of 2 for paring legitimes to @ legitimate child be divided by the ratio of 2 for @ legitimate child Illegitimate children ½ share of @ legit 1 for @ illegitimate 1 for @ illegitimate child child child Surviving spouse ¼ & 2 for the surviving & 2 for the surviving spouse spouse provided that legitimes won’t be impaired TOTAL Varies depending on Varies depending on 1 no. of illegitimate no. of illegitimate children children 7. Legitimate parents alone INTESTATE HEIR SHARE AS LEGITIME Legitimate parents TOTAL
½ ½
SHARE AS FREE DISPOSAL ½ ½
TOTAL INTESTATE SHARE 1 1
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001
8. Legitimate parents & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate parents ½ Illegitimate children ¼ ¼ TOTAL ¾ ¼ Legitimate parents & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Legitimate parents ½ Surviving spouse 1/8 1/8 TOTAL ¾ ¼
TOTAL INTESTATE SHARE ½ ½ 1
9.
TOTAL INTESTATE SHARE ½ ¼ 1
10. Legitimate parents, surviving spouse & illegitimate children INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE DISPOSAL Illegitimate children 1/3 1/6 ½ Surviving spouse 1/8 1/8 ¼ Illegitimate children 1/4 ¼ TOTAL 7/8 1/8 1 11. Illegitimate children alone INTESTATE HEIR SHARE AS LEGITIME Illegitimate children alone TOTAL
TOTAL INTESTATE SHARE
½
SHARE AS FREE DISPOSAL ½
½
½
1
12. Illegitimate children & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Illegitimate children 1/3 1/6 Surviving spouse 1/3 1/6 TOTAL 2/3 1/3 13. Surviving spouse INTESTATE HEIR SHARE AS LEGITIME Surviving spouse TOTAL
½ or 1/3 ½ or 1/3
14. Illegitimate parents alone INTESTATE HEIR SHARE AS LEGITIME Illegitimate children
½
1
TOTAL INTESTATE SHARE ½ ½ 1
SHARE AS FREE DISPOSAL ½ or 1/3 ½ or 1/3
TOTAL INTESTATE SHARE
SHARE AS FREE DISPOSAL ½
TOTAL INTESTATE SHARE
15. Illegitimate parents & surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Illegitimate parents ¼ ¼ Surviving spouse ¼ ¼ TOTAL ½ ½
1 1
1
TOTAL INTESTATE SHARE ½ ½ 1
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001
16. Siblings, nephews & nieces alone INTESTATE HEIR SHARE AS LEGITIME Siblings, nephews, nieces TOTAL
TOTAL INTESTATE SHARE
½
SHARE AS FREE DISPOSAL ½
½
½
1
17. Surviving spouse, siblings, nephews & nieces INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL Surviving spouse ½ Siblings, nephews, ½ nieces TOTAL ½ ½
1
TOTAL INTESTATE SHARE ½ ½ 1
Requisites for accretion to take place: 1. Unity of object 2. Plurality of heirs 3. Some of the heirs cannot or are disqualified to accept (R.I.P) 4. Others are accepting & 5. There has been earmarking Incapacity to succeed because of possible undue influence th 1. Priest who heard confession during last illness & his relatives with thin the 4 degree & the order, chapter, etc., to which the priest belongs 2. Guardian before final accounts have been approved EXCEPT if an ascendant, descendant, sibling, spouse 3. Attesting witness to execution of will & their spouses, parents, children or any one claiming under them 4. Physician, surgeon, nurse who took care of testator during his last illness 5. Individuals, associations, corporations not permitted by law to inherit Validity and Effect of Legacy/Devise Thing owned in part by General Rule: Conveys only interest or part owned by testator testator (Article 929) 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 General Rule: (Articles 930-931) 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 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
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CIVIL LAW (SUCCESSION) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001
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) Valid, if the encumbrance can be removed for a consideration
Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2) Legacy/Devise of a thing The encumbrance must be removed by paying the debt unless the pledged or mortgaged testator intended otherwise (Article 934) 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 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 Action for declaration of incapacity & for took possession recovery of the inheritance, devise or legacy 30 days from issuance of order of Must signify acceptance/repudiation distribution 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