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CHARACTERISTICS OF SUCCESSION:1. Mode of acquisition
2. The property, rights & obligations to the extent of the value of the inheritancetransmitted3. The transmission takes place only by virtue of death4. The transmission takes place either by will or by operation of law5. The transmission to another
REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctlystated, time of vesting of the successional right):
1. Death of the decedent2. Express will of the testator calling succession and/or provision of law prescribing
successors3. Rights or properties are transmissible
4. Transferee is still alive (didnt predecease)5. Transferee is capacitated to inherit6. Acceptance of the inheritance by the successor
KINDS OF SUCCESSION:1. Testamentary succession by will2. Intestate succession in default of a will3. Mixed
Treatment of accruals under the laws of succession:1. a. Article 793 refers to accruals after the making of the will
b. Article 781 refers to accruals after the death of the testator2. 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, tocontrol, to a certain degree the disposition of his estate, to take effect after his death.
Validity of wills
EXTRINSIC FOR FILIPINOS FOR FOREIGNERS
1. Governing law as to time Article 795 law in forcewhen will was executed
Same rule (assumption: willis being probated here)
2. Governing law as to place Law of citizenship Law of citizenshipLaw of domicile Law of domicile
Law of residence Law of residenceLaw of place of execution Law of place of execution
Philippine law Philippine law
INTRINSIC FOR FILIPINOS FOR FOREIGNERS
1. Governing law as to time Article 2263 law at timeof 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 Capacity1. All persons not expressly prohibited by law
2. 18 years old and above3. Sound mind
2 Kinds of Wills:1. Notarial will Articles 804-806, & 807-808 in special cases
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Holographic Articles 804 & 810Common requirements that apply to the 2 kinds of wills
1. In writing2. In a language or dialect known to the testator
REQUISITES FOR VALID NOTARIAL WILL:1. In writing2. Executed in a language or dialect known to the testator3. Subscribed by the testator himself or by the testators name written by some
other person in his presence & under his express direction at the end thereof, atthe presence of witnesses
4. Attested & subscribed by at least 3 credible witnesses in the presence of thetestator 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 margin6. Each & every page of the will must be numbered correlatively in letters placed on
the upper part of each page7. Must contain an attestation clause, stating the following:
a. The number of pages of the willb. Fact that the testator signed the will & every page in the presence of
witnesses, or caused some other person to write his name under hisexpress direction
c. All witnesses signed the will & every page thereof in the presence of thetestator & 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 thecontents
Additional requisite if blind:Will shall be read to him twice:
1. Once by one of the subscribing witnesses2. Once by the notary public before whom it is acknowledged
REQUISITES OF HOLOGRAPHIC WILL:1. In writing2. Executed in a language or dialect known to the testator3. Entirely written, dated & signed by the hand of the testator himself
AMENDING A WILL:1. Notarial will can only be amended through a codicil2. Holographic will can be amended in 3 ways:
a. Dispositions may be added below the signature, PROVIDED that saiddispositions are also dated & signed & everything is written by the handof the testator himself
b. Certain dispositions or additional matter may be suppressed or insertedPROVIDED that sad cancellation is signed by the testator & is written bythe 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 will1. If made by the hand of the testator & authenticated by him: alters the will without
affecting its validity
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2. If made by the hand of the testator but was not authenticated by him: deemed asif not written at all
3. If made by testator but not handwritten: entire will is nullified4. By a stranger & the testator has authenticated the same: entire will is nullified5. 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 beexplained, added to or altered.
Qualifications of a witness and a testator:WITNESS TESTATOR
1. At least 18 years old2. Physically fit (not deaf, dumb, blind)3. Literate, able to read and write4. No prior conviction for perjury/false
testimony/falsification5. Not the notary public before whom
the will is acknowledged6. Sound mind7. Domiciled in the Philippines
1. Same2. May be blind, deaf or deaf-mute3. No literacy requirement4. No such requirement
5. No such requirement
6. Same7. 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 will3. 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 maybeestablished
Matters to be proved in a probate:1. Whether the instrument which is offered for probate is the last will and testament
of the decedent2. Whether the will has been executed in accordance with the formalities prescribed
by law3. 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 formalities3. 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 theperson or persons who are to succeed him in his property and transmissible rights andobligations
Requisites for a valid institution of heir:
1. Designation in will of person/s to succeed2. Will specifically assigns to such person an inchoate share in the estate3. The person so named has capacity to succeed4. The will is formally valid5. No vice of consent is present6. No preterition results from the effect of such will
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3 principles in the institution of heirs:1. Equality: heirs who are instructed without a designation of shares inherit in equal
parts2. Individuality: heirs collectively instituted are deemed individually named unlesscontrary 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 himb. 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 will2. The omission must be that of a COMPULSORY HEIR3. Compulsory heir omitted must be of the DIRECT LINE4. 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 annulled2. Devises & legacies shall remain valid as long as they arent officious
DISINHERITANCE It is the act by which the testator, for just cause, deprives acompulsory heir of his right to the legitime.
Preterition vs. DisinheritanceDISINHERITANCE PRETERITION
Express deprivation of legitime Tacit deprivation of legitime
Always voluntary May also be voluntary but is presumed tobe involuntary (as its an omission tomention as an heir or though mentioned,isnt instituted as an heir)
Legal cause is present Presumed by law to be a mere oversight
Even a compulsory heir may be totallyexcluded Compulsory heir is merely restored to hislegitime
Requisites for a valid disinheritance1. Heir disinherited must be designated by name or in such a manner as to leave no
room for doubt as to who it is intended2. Disinheritance must be for a cause designated by law3. It must be made in valid will4. It must be made expressly, stating the cause in the will itself5. Cause must be certain & true, & must be proved by interested heirs if the person
disinherited should deny it6. It must unconditional
7. Must be total
Summary of causes of disinheritanceGROUNDSFORDISINHERITANCE
CHILDREN/DESCENDAN
TS
PARENTS/ASCENDANT
S
SPOUSE UNWORTHINESS
1 Guilty/convicted of attempt * * * *
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against life of testator/spouse/ ascendant/
descendant
GROUNDSFORDISINHERITANCE
CHILDREN/DESCENDA
NTS
PARENTS/ASCENDANT
S
SPOUSE UNWORTHINESS
2 Accused testator/decedent of crimepunishable byimprisonment of more than6 years, found groundless,false
* * * *
3 Causes testator/ decedent
to make will or change oneby fraud, violence,intimidation, or undueinfluence
* * * *
4 Unjustified refusal tosupport testator
* * *
5 Convicted of adultery orconcubinage with spouseof testator / decedent
* * *
6 Maltreatment of testator byword & deed
*
7 Leading a dishonorable or
disgraceful life
*
8 Conviction of crime whichcarries penalty of civilinterdiction
*
9 Abandonment of childrenor inducing children to livecorrupt and immoral life orattempted against virtue
* *
10 Loss of parental authority * *
11 Attempt by one parentagainst life of the otherUNLESS theres
reconciliation betweenparents
*
12 Spouses given cause forlegal separation
*
13 Failure to report violentdeath of decedent within 1month, unless authoritieshave already taken action
*
14 Force, violence,intimidation or undueinfluence to preventanother from making a will
or revoking one alreadymade or who supplants oralters the latters will
*
15 Falsifies or forges asupposed will of thedecedent
*
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Causes of vacancy in succession:
1. The testator creates it himself disinheritance2. The does something repudiates3. Something happens to the heir incapacitated / predecease
How are vacancies filled:1. Substitution2. Representation3. Accretion
Classes of substitution1. Singular or vulgar substitution
a. Simple
b. Brief c. Compendiousd. Reciprocal
2. Fideicommissary Substitution
FIDEICOMMISSARY SUBSTITUTION A substitution is a fideicommissary substitutionif the testator institutes an heir with an obligation to deliver to another the propertyso inherited. The heir instituted to such condition is called the first heir or fiduciaryheir, 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 2
nd
heir or fideicommissary substitute3. An obligation clearly imposed on the fiduciary to preserve & transmit the propertyto a fideicommissary substitute
4. The substitution doesnt go beyond the 1st degree of the fiduciary5. The fideicommissary substitution is made expressly6. Both the fiduciary & the fideicommissary substitute are living or at least
conceived at the time of the death of the testator7. 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 ofbecause the law has reserved it for certain heirs called compulsory heirs.
Different classes of heirs:1. Voluntary heirs succeed by virtue of a will2. Legal or intestate heirs succeed by operation of law in the absence of a will3. 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. Secondarya. Legitimate parents & ascendants (legitimate) inherit only in default of 1ab. Illegitimate parents (no other ascendants) inherit only in default of 1a &
1c
Summary of legitimes of compulsory heirs:SURVIVINGRELATIVES
LEGITIMATECHILDREN &
SURVIVINGSPOUSE
ILLEGITIMATECHILDREN
LEGITIMATEPARENTS &
ILLEGITIMATEPARENTS
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DESCENDANTS ASCENDANTS
Legitimate
children alone
(divided
by the # ofchildren)
1 legitimate childsurviving spouse
SURVIVINGRELATIVES
LEGITIMATECHILDREN &
DESCENDANTS
SURVIVINGSPOUSE
ILLEGITIMATECHILDREN
LEGITIMATEPARENTS &
ASCENDANTS
ILLEGITIMATEPARENTS
LegitimatechildrenSurviving spouse
(dividedby no. ofchildren)
Same as theshare @legit child
Legitimate
childrenIllegitimatechildren
of the
share of @legit child
1 legitimate childsurviving spouseillegitimatechildren
of theshare of @legit child
2 or morelegitimatechildrensurviving spouseIllegitimate
children
(dividedby no. ofchildren)
Same as theshare of @legit child
of theshare of @legit child
Legitimateparents alone
LegitimateparentsIllegitimatechildren
LegitimateparentsSurviving spouse
Legitimateparents
Surviving spouseIllegitimatechildren
1/8
Illegitimatechildren alone
(dividedby no. ofchildren)
IllegitimatechildrenSurviving spouse
1/3 1/3 (dividedby no. ofchildren)
Surviving spousealone
or 1/3 ifmarriage inarticulo
mortisIllegitimateparents alone
IllegitimateparentsSurviving 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 heirpreterited 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 oflegitime under Article 906
3. If the impairment is thru donation, then remedy is collation.
RESERVA TRONCAL It is that part of the decedents property that an ascendant, whoinherits by operation of law from his descendants which the latter may have acquired bygratuitous title from another ascendant or sibling, is obliged by law to reserve suchproperty for the benefit of 3rd degree relatives who belong to the line from which theproperty 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 & devises1. Remuneratory legacies or devises2. Preferential legacies or devises declared by testator3. Legacies for Support4. Legacies for Education5. Legacies or devises for Specific, determinate thing6. All others, pro-rata
Causes for legal or intestate succession1. Person dies without a will2. Person dies with void will3. Person dies with a will that subsequently loses validity4. Will doesnt institute an heir or institution is void5. Will doesnt dispose of ALL property belonging to the testator6. Suspensive condition attached to the institution of the heir doesnt happen or isnt
fulfilled7. Heir predeceases, or repudiates the inheritance8. Incapacity of the heir
2 fundamental underlying principles in legal or intestate succession1. Rule of Proximity nearer exclude the more remote2. Rule of Equal Division equal division within the same group
Grounds when the right of representation will be available:1. Disinheritance2. Incapacity3. Predecease
Who can exercise right of representation1. Intestate succession only: heirs in the collateral line, but only in favor of the
children of siblings2. 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 anadopted child
LEGITIMATE CHILD ILLEGITIMATE CHILD ADOPTED CHILD
1 Legitimate child andlegitimate descendants
legitimate child &legitimate descendants
legitimate child &legitimate descendants
2 Legitimate parents &legitimate ascendants
illegitimate children &legitimate or illegitimate
illegitimate children &legitimate or illegitimate
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descendants descendants3 Illegitimate children & left
or illegitimatedescendants
illegitimate parents legitimate or illegitimate
parents & legitimateascendants, adoptiveparents
4 Surviving spouse surviving spouse surviving spouse
5 Legitimate siblings,nephews, nieces
illegitimate siblings,nephews, nieces
siblings, nephews, nieces
6 Legitimate collateralrelatives
State State
7 State
Order of succession & concurrence in intestate succession
INTESTATE HEIR EXCLUDES EXCLUDED BY CONCURS WITH
Legitimate children
& Legitimatedescendants
Ascendants,
collaterals & state
No one Surviving spouse
Illegitimate children
Illegitimate children& Descendants
Illegitimate parents,collaterals & state
No one Surviving spouseLegitimate children& legitimate parents
Legitimate parents &legitimatedescendants
Collaterals & state Legitimate children Illegitimate children& surviving spouse
Illegitimate parents Collaterals & state Legitimate children& illegitimatechildren
Surviving spouse
Surviving spouse Collaterals other
than siblings,nephews and nieces
No one Legitimate children
Illegitimate childrenLegitimate parents &Illegitimate parents
Siblings, nephewsnieces
All other collaterals& state
Legitimate children,illegitimate children,Legitimate parents &illegitimate parents
Surviving spouse
Other collateralswithin 5th degree
Collateral remoter indegree & state
Legitimate childrenIllegitimate childrenLegitimate parentsIllegitimate parents&
Surviving spouse
Collaterals in thesame degree
State No one Everyone No one
Summary of intestate shares:1. Legitimate children & legitimate descendants alone
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Legitimate children 1
TOTAL 1
2. One legitimate child and surviving spouse
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREE
DISPOSALTOTAL INTESTATE
SHARE
Legitimate child
Surviving spouse
TOTAL 1
3. Legitimate children & surviving spouse
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INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Legitimate children Remaining portion of estate after paying Whole estate dividedequally between totalnumber of childrenplus the surviving
spouseSurviving spouse Same as share of @
legitimate childLegitimes to bedivided equally
between total no. ofchildren plus thesurviving spouse
No. of children plusthe surviving spouse
TOTAL Varies on no. of children
Varies on no. ofchildren
1
4. Legitimate children & illegitimate children
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Legitimate children Remaining portion of estate after paying
Whole estate dividedby the ration of 2 foreach legitimate child
Illegitimate children share of @legitimate child
Legitimes to bedivided by the rationof 2 for @ legitimate
child, 1 for @illegitimate child
1 for @ illegitimatechild provided that
legitimes wouldnt beimpaired
TOTAL Varies on no. of children
Varies on no. ofchildren
5. One legitimate child, illegitimate children, & surviving spouse
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Legitimate child Remaining portion of estate after paying
legitimes to bedivided by the rationof 2 for @ legitimate
child, 1 for @
illegitimate child
Whole estate dividedby the ratio of 2 @
legitimate child
Illegitimate child share of @legitimate child
1 for @ illegitimatechild
1 for @ illegitimatechild
Surviving spouse & 2 for the survivingspouse
Legitimes wouldntbe impaired
TOTAL Varies depending onno. of illegitimate
children
Varies depending onno. of illegitimate
children
1
6. Legitimate children, illegitimate children & surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHAREAS FREE
DISPOSALTOTAL INTESTATE
SHARE
Legitimate children Remaining portion of estate, if any afterparing legitimes tobe divided by theratio of 2 for @legitimate child
Whole estate dividedby the ratio of 2 for@ legitimate child
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Illegitimate children share of @ legitchild
1 for @ illegitimatechild
1 for @ illegitimatechild
Surviving spouse & 2 for the survivingspouse & 2 for the survivingspouse provided thatlegitimes wont be
impaired
TOTAL Varies depending onno. of illegitimate
children
Varies depending onno. of illegitimate
children
1
7. Legitimate parents alone
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Legitimate parents 1
TOTAL 1
8. Legitimate parents & illegitimate childrenINTESTATE HEIR SHARE AS LEGITIME SHAREAS FREE
DISPOSALTOTAL INTESTATE
SHARE
Legitimate parents
Illegitimate children TOTAL 1
9. Legitimate parents & surviving spouse
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Legitimate parents
Surviving spouse 1/8 1/8
TOTAL 1
10. Legitimate parents, surviving spouse & illegitimate children
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Illegitimate children 1/3 1/6
Surviving spouse 1/8 1/8
Illegitimate children 1/4
TOTAL 7/8 1/8 1
11. Illegitimate children aloneINTESTATE HEIR SHARE AS LEGITIME SHAREAS FREE
DISPOSALTOTAL INTESTATE
SHARE
Illegitimate childrenalone
1
TOTAL 1
12. Illegitimate children & surviving spouse
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Illegitimate children 1/3 1/6
Surviving spouse 1/3 1/6 TOTAL 2/3 1/3 1
13. Surviving spouse
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INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Surviving spouse or 1/3 or 1/3 1TOTAL or 1/3 or 1/3 1
14. Illegitimate parents alone
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Illegitimate children 1
15. Illegitimate parents & surviving spouse
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Illegitimate parents Surviving spouse
TOTAL 1
16. Siblings, nephews & nieces alone
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Siblings, nephews,nieces
1
TOTAL 1
17. Surviving spouse, siblings, nephews & nieces
INTESTATE HEIR SHARE AS LEGITIME SHAREAS FREEDISPOSAL
TOTAL INTESTATESHARE
Surviving spouse Siblings, nephews,
nieces
TOTAL 1
Requisites for accretion to take place:1. Unity of object2. 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 influence1. Priest who heard confession during last illness & his relatives with thin the 4 th
degree & the order, chapter, etc., to which the priest belongs2. Guardian before final accounts have been approved EXCEPT if an ascendant,
descendant, sibling, spouse3. Attesting witness to execution of will & their spouses, parents, children or any
one claiming under them4. Physician, surgeon, nurse who took care of testator during his last illness5. Individuals, associations, corporations not permitted by law to inherit
Validity and Effect of Legacy/DeviseThing owned in part bytestator (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
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acquire the part or interest owned by other parties. If otherparties are unwilling to alienate, the estate should give the
legatee/devisee the monetary equivalent (analogy with Article931)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 becomplied 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 orgratuitously after making of the disposition, disposition isvalidated
c. If testator knew that the thing did not belong to him but did notorder its acquisition - code is silent but disposition shld beconsidered valid (Balane & Tolentino) - there is an impliedorder to acquire & doubts must be resolved in favor ofintestacy
Thing already owned tothe legatee/devisee(Articles 932-933)
a. If thing already belonged to legatee/devisee at time ofexecution of will legacy/devise is void
b. If thing was owned by another person at time of making the willand 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/Dentitled 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 wasmade and L/D acquired the thing from himthereafter law is silent (Balane: deemedrevoked)
Legacy/Devise to remove
an encumbrance over athing belonging to testator(Article 932 par 2)
Valid, if the encumbrance can be removed for a consideration
Legacy/Devise of a thingpledged or mortgaged(Article 934)
The encumbrance must be removed by paying the debt unless thetestator intended otherwise
COLLATION -To collate is to bring back or to return to the hereditary mass, in fact or byfiction, property which came from the estate of the decedent, during his lifetime, butwhich the law considers as an adverse from the inheritance. It is the act by virtue ofwhich, the persons who concur in the inheritance bring back to the commonhereditary 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 claimingvalidity of the will
20 years Maximum period testator can prohibit
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7/28/2019 Wills&Succession Memory Aid 2001
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Wills & Succession
Memory Aid
AKSYON PARTY
alienation of dispositions5 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 persontook possession
Action for declaration of incapacity & forrecovery of the inheritance, devise orlegacy
30 days from issuance of order ofdistribution
Must signify acceptance/repudiationotherwise, deemed accepted
1 month form written notice of sale Right to repurchase hereditary rights soldto a stranger by a co-heir
10 years To enforce warranty of title/quality of property adjudicated to co-heir from thetime 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 accountof lesion
P r e p a r e d b y :BETA S IGMA LAMBDA, INC .National Exclusive Law Fraternity and Sorority
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