57134665 Succession Memory Aid Ateneo

8/11/2019 57134665 Succession Memory Aid Ateneo

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C I V I L L A W SUCCESSION MEMORY AID A TENEO C ENTRAL B AR O PERATIONS 2002

DEFINITION OF SUCCESSION:

- It 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 of law

KINDS OF SUCCESSION:

1. Testamentar that which results from the designation of an heir, madein a will executed in the form prescribed by law

2. Le!a" #r Intestate that which takes place by operation of law in the

absence of a valid will

3. M$%e& that which is effected partly by will and partly by operation of law

KINDS OF 'EIRS:

1. C#m()"s#r those who succeed by force of law to some portion of theinheritance, in an amount predetermined by law, of which they cannot bedeprived by the testator, except by a valid disinheritance

2. V#")ntar #r Testamentar those who are instituted by the testator in his will,to succeed to the portion of the inheritance of which the testator can freely

dispose

3. Le!a" #r Intestate those who succeed to the estate of the decedent who dieswithout a valid will, or to the portion of such estate not disposed of by will

DEFINITION OF WILL- It is 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

TESTAMENTARY CAPACITY:

1. ll persons who are not expressly prohibited by law

!. 1" years old and above

#. $f sound mind, at the time of its execution

KINDS OF WILLS:

1. N#tar$a" an ordinary or attested will

2. '#"#!ra(*$+ a handwritten will

COMMON RE,UIREMENTS TO BOT' WILLS: 1. In writing !. In a language or dialect known to the testator

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RE,UISITES FOR VALID NOTARIAL WILL:

1. In writing

!. In a language or dialect known to the testator

#. %ubscribed at the end by the testator himself or by the testator&s name written bysome other person in his presence, and by his express direction

'. ttested ( subscribed by three or more credible witnesses in the presence of thetestator and of one another

). *ach and every page, except the last, must be signed by the testator or by theperson requested by him to write his name, and by the instrumental witnesses ofthe will, on the left margin

+. *ach and every page of the will must be numbered correlatively in letters placed

on the upper part of each page. It must contain an attestation clause, stating the following

a. he number of pages used upon which the will is written

b. he fact that the testator signed the will and every page, or caused someother person to write his name, under his express direction, in thepresence of the instrumental witnesses

c. ll the instrumental witnesses witnessed and signed the will and all itspages in the presence of the testator and of one another

". It must be acknowledged before a notary public by the testator and the witnesses

ADDITIONAL RE,UISITES FOR A NOTARIAL WILL IF T'E TESTATOR BE DEAFOR A DEAF-MUTE:1

2 1. estator must personally read the will, if able to do so/

!. $therwise, he shall designate two persons to read it and communicate tohim, in some practicable manner, its contents

ADDITIONAL RE,UISITE FOR A NOTARIAL WILL IF T'E TESTATOR BE BLIND:

The will shall be read to the testator twice

1. $nce by one of the subscribing witnesses

!. $nce by the notary public before whom the will is acknowledged

RE,UISITES FOR 'OLO.RAP'IC WILL:

1. In writing

!. In a language or dialect known to the testator

#. *ntirely written, dated, and signed by the hand of the testator himself

AMENDIN. A WILL:

1. N#tar$a" only through a codicil

2. '#"#!ra(*$+ in three ways

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a. 0ispositions may be added below the signature, 2$3I0*0 that saiddispositions are also dated and signed, and everything is written by thehand of the testator himself

b. 4ertain dispositions or additional matter may be suppressed or inserted2$3I0*0 that said cancellation is signed by the testator and written by

the hand of the testator himselfc. hrough a codicil which may either be notarial or holographic

EFFECT OF INSERTION ON T'E VALIDITY OF A 'OLO.RAP'IC WILL: 5 olentino6

1. If made after the execution of the will, but without the consent of the testator ,such insertion is considered as not written because the validity of the will cannotbe defeated by the malice or caprice of a third person

2. If the insertion after the execution of the will was with the consent of the testator ,the will remains valid but the insertion is void

3. If the insertion after the execution is validated by the testator by his signaturethereon , then the insertion becomes part of the will, and the entire will becomesvoid, because of failure to comply with the requirement that it must be whollywritten by the testator

4. If the insertion made by a third person is made contemporaneous to theexecution of the will , then the will is void because it is not written entirely by thetestator

,UALIFICATIONS OF WITNESSES TO A NOTARIAL WILL:

1. $f sound mind

!. $f the age of 1" years or more

#. 7ot blind, deaf or dumb

'. ble to read and write

). 0omiciled in the hilippines

+. 8ave not been convicted of falsification of a document, per9ury or false testimony

DEFINITION OF A CODICIL:

- It is a supplementary or addition to a will- made after the execution of the will- and annexed to be taken as a part thereof- by which any disposition in the original will may be explained, added to or altered

RE,UISITES FOR INCORPORATION BY REFERENCE:

1. the document or paper referred to in the will must be in existence at the time ofthe execution of the will

!. the will must clearly describe and identify the same, stating among other thingsthe number of pages thereof

#. it must be identified by clear and satisfactory proof as the document or paperreferred to therein

'. it must be signed by the testator and the witnesses on each and every page,except in case of voluminous books of account or inventories

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REVOKIN. A WILL:

1. :y implication of law

!. :y the execution of a will, codicil or other writing executed as provided in case of

wills#. :y burning, tearing, canceling, or obliterating the will with the intention of

revoking it, by the testator himself, or by some other person in his presence, andby his express direction

.ROUNDS FOR DISALLOWANCE OF A WILL:

1. If the formalities required by law have not been complied with

!. If the testator was insane, or otherwise mentally incapable of making a will, at thetime of its execution

#. If it was executed through force or under duress, or the influence of fear, orthreats

'. If it was procured by undue and improper pressure and influence, on the part ofthe beneficiary or of some other person

). If the signature of the testator was procured by fraud

+. If the testator acted by mistake or did not intend that the instrument should be hiswill at the time of affixing his signature thereto

DEFINITION OF INSTITUTION OF 'EIR

It is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property andtransmissible

rights and obligations

RE,UISITES FOR A VALID INSTITUTION OF 'EIR:

1. 0esignation in will of person;s to succeed

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RULES RE.ARDIN. A PERSON/S RI.'T TO DISPOSE OF 'IS ESTATE:

1. If one has no compulsory heirs:

a. 8e can give his estate to any person qualified to inherit under him

b. 8owever, he must respect restrictions imposed by special laws

2. If one has compulsory heirs:

a. 8e can give only the disposable portion to strangers

b. =egitimes of compulsory heirs must be respected

CONCEPT OF PRETERITION:

1. here must be an omission of one, some or all of the heir;sin the will

!. he omission must be that of a 4$> ?=%$2@ 8*I2

#. 4ompulsory heir omitted must be of the 0I2*4 =I7*

'. he omitted compulsory heir must be =I3I7A at the time of testator&s death ormust at least have been 4$74*I3*0 before the testator&s death

EFFECTS OF PRETERITION:

1. he institution of heir is annulled

!. 0evises and legacies shall remain valid as long as they are not inofficious

#. If the omitted compulsory heir should die before the testator, the institution shallbe effectual, without pre9udice to the right of representation

DEFINITION OF SUBSTITUTION:

- It is the appointment of another heir- so that he may enter into the inheritance in default of the heir originally instituted

CLASSES IF SUBSTITUTION:

1. V)"!ar #r S$m("e the testator may designate one ormore persons to substitute the heir or heirs instituted in case such heir or heirsshould

a. die before him 5 2*0*4* %*6

b. should not wish, 52*7$?74*6 or

c. should be incapacitated to accept the inheritance 5I74 4I *06

i. Brief or Compendious two or more persons may be substituted forone/ and one person for two or more heirs

ii. Reciprocal if heirs instituted in unequal shares should bereciprocally substituted, the substitute shall acquire the share of theheir who dies, renounces, or incapacitated, unless it clearly appearsthat the intention of the testator was otherwise. If there are more than

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one substitute, they shall have the same share in the substitution as inthe institution

! F$&e$+#mm$ssar S)1st$t)t$#n - if the testator institutes an heir with anobligation to deliver to another the property so inherited. he heir instituted to suchcondition is called the first heir or fiduciary heir, the one to receive the property is thefideicommissary or second heir

RE,UISITES FOR A FIDEICOMMISSARY SUBSTITUTION:

1. fiduciary or first heir instituted entrusted with the obligation to preserve and totransmit to a fideicommissary substitute or second heir the whole or part of theinheritance

!. %uch substitution must not go beyond one degree from the heir originallyinstituted

#. he fiduciary or first heir and the second heir are living at the time of the death ofthe testator

'. he fideicommissary substitution must be expressly made

). he fideicommissary substitution is imposed on the free portion of the estate andnever on the legitime

DEFINITION OF LE.ITIME:

It is that part of the testator&s property which he cannot dispose ofbecause the law has reserved it for certain heirs called compulsory heirs

CLASSES OF COMPULSORY 'EIRS:

1. Pr$mar those who have precedence over and exclude other compulsory heirs

a. =egitimate children and descendants 5legitimate6, with respect to theirlegitimate parents and ascendants

2. Se+#n&ar those who succeed only in the absence of the primary heirs

a. =egitimate parents and ascendants 5legitimate6, with respect to theirlegitimate children and descendants

3. C#n+)rr$n! those who succeed together with the primary or the secondary

compulsory heirs

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SUMMARY OF LE.ITIMES OF COMPULSORY 'EIRS:

S URVIVIN.

RELATIVES

LE.ITIMATE

C'ILDREN DESCENDANTS

S URVIVIN.

SPOUSE

ILLE.ITIMATE

C'ILDREN

LE.ITIMATE

PARENTS ASCENDANTS

ILLE.ITIMATE

PARENTS

=egitimatechildren alone

B 5dividedby the C ofchildren6

1 legitimate childsurviving spouse

B D

=egitimatechildren%urviving spouse

B 5dividedby no. ofchildren6

%ame as theshare Elegit child

=egitimatechildrenIllegitimatechildren

B B of theshare of Elegit child

1 legitimate childsurviving spouseillegitimatechildren

B D5preferred6

B of theshare of Elegit child

! or morelegitimate

childrensurviving spouseIllegitimatechildren

B 5dividedby no. of

children6

%ame as theshare of E

legit child

B of theshare of E

legit child

=egitimateparents alone

B

=egitimateparentsIllegitimatechildren

D B

=egitimate

parents and%urviving spouse

D B

=egitimateparents%urviving spouseIllegitimatechildren

1;" D B

Illegitimatechildren alone

B 5dividedby no. ofchildren6

Illegitimate

children%urviving spouse

1;# 1;# 5divided

by no. ofchildren6%urviving spousealone

B or 1;# ifmarriage in

articulomortis

Illegitimateparents alone

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Illegitimateparents%urviving spouse

D D

REMEDY OF COMPULSORY 'EIR IN CASE OF IMPAIRMENT OF LE.ITIME:

1. If the impairment is total , then there may be preterition if the compulsory heir

preterited is either an ascendant or descendant. rticle ")' would come into play5annulment of institution of heir and reduction of devises and legacies6

!. If the impairment is partial , then the compulsory heir is entitled to completion oflegitime under rticle FG+

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

CONCEPT OF RESERVA TRONCAL

- he ascendant who inherits from his descendant

- any property which the latter may have acquired by gratuitous title- from another descendant, or a brother or sister,

- is obliged to reserve such property

- as he may have acquired by operation of law

- for the benefit of relatives who are within the third degree

- and who belong to the line from which said property came

RE,UISITES 5as provided in 4hua v. 4HI 1F J ( reiterated in AonKales v. 4HI 1F"1J616 that the property was acquired by a descendant from an ascendant or from a

brother or sister by gratuitous title

!6 that said descendant died without an issue

3) that the property is inherited by another ascendant by #(erat$#n #3 "a4

4) that there are relatives within the # rd degree belonging to the line from which saidproperty came

DEFINITION OF DISIN'ERITANCE

It is the act by which the testator,for 9ust cause,deprives a compulsory heir of his right to the legitime.

DIFFERENCES BETWEEN PRETERITION AND DISIN'ERITANCE:

DISIN'ERITANCE P RETERITION*xpress deprivation of legitime acit deprivation of legitime

lways voluntary >ay also be voluntary but is presumed to

be involuntary 5as it is an omission tomention an heir or though mentioned, isnot instituted as an heir6

=egal cause is present resumed by law to be a mere oversight

*ven a compulsory heir may be totallyexcluded

4ompulsory heir is merely restored to hislegitime

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RE,UISITES FOR A VALID DISIN'ERITANCE:

1. 8eir disinherited must be designated by name or in such a manner as to leave noroom for doubt as to who is intended

!. It must be for a cause designated by law

#. It must be made in valid will

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

). he cause must be certain and true, and must be proved by the interested heir ifthe person disinherited should deny it

+. It must unconditional

. It must be totalSUMMARY OF CAUSES OF DISIN'ERITANCE:

. ROUNDS FOR DISIN'ERITANCE

C 'ILDREN 5DESCENDANTS

P ARENTS 5ASCENDANTS

S POUSE UNWORT'INESS

1 Auilty;convicted ofattempt against lifeof testator;spouse;ascendant;descendant

L L L L

! ccusedtestator;decedentof crime punishableby imprisonment ofmore than + years,found groundless,false

L L L L

# 4ausestestator;decedentto make will orchange one by

fraud, violence,intimidation, orundue influence

L L L L

' ?n9ustified refusalto support testator

L L L

) 4onvicted ofadultery orconcubinage withspouse oftestator;decedent

L L L

+ >altreatment oftestator by wordand deed

L

=eading adishonorable ordisgraceful life

L

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" 4onviction of crimewhich carriespenalty of civilinterdiction

L

F bandonment ofchildren or inducingchildren to livecorrupt andimmoral life orattempted againstvirtue

L L

1G =oss of parentalauthority

L L

11 ttempt by oneparent against lifeof the other?7=*%% there isreconciliationbetween parents

L

1! %pouses givencause for legalseparation

L

1# Hailure to report

violent death ofdecedent withinone month, unlessauthorities havealready takenaction

L

1' Horce, violence,intimidation orundue influence toprevent anotherfrom making a will

or revoking onealready made orwho supplants oralters the latter&swill

L

1) Halsifies or forges asupposed will of thedecedent

L

CAUSES OF VACANCY IN SUCCESSION:

1. Disinheritance - he testator creates it himself

2. Repudiation - he heir does something

3. Incapacity !redecease - %omething happens to the heir

'OW VACANCIES ARE FILLED:

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1. %ubstitution

!. 2epresentation

#. ccretion

ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALLLE.ACIES AND DEVICES:

1. 2emuneratory legacies or devises

!. =egacies or devises declared by the testator to be preferential

#. =egacies for %upport

'. =egacies for *ducation

). =egacies or devises of a specific, determinate thing which forms a part of the

estate+. ll others pro-rata

CAUSES FOR LEGAL OR INTESTATE SUCCESSION:

If a person dies without a will

If a person dies with a void will

If a person dies with a will which has subsequently lost its validity

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ORDER OF LE.AL OR INTESTATE SUCCESSION:

LE.ITIMATE C 'ILD ILLE.ITIMATE C 'ILD ADOPTED C 'ILD1 =egitimate child and

legitimate descendantslegitimate child andlegitimate descendants

legitimate child andlegitimate descendants

! =egitimate parents andlegitimate ascendants illegitimate children andlegitimate or illegitimatedescendants

illegitimate children andlegitimate or illegitimatedescendants

# Illegitimate children andlegitimate or illegitimatedescendants

illegitimate parents legitimate or illegitimateparents and legitimateascendants, adoptiveparents

' %urviving spouse surviving spouse surviving spouse

) =egitimate siblings,nephews, nieces

illegitimate siblings,nephews, nieces

siblings, nephews, nieces

+ =egitimate collateralrelatives

%tate %tate

%tate

CONCURRENCE IN LE.AL OR INTESTATE SUCCESSION

INTESTATE ' EIR E 6CLUDES E 6CLUDED B Y CONCURS W IT'=egitimate childrenand =egitimatedescendants

scendants,collaterals and state

7o one %urviving spouseIllegitimate children

Illegitimate childrenand 0escendants

Illegitimate parents,collaterals and state

7o one %urviving spouse=egitimate childrenand legitimateparents

=egitimate parentsand legitimateascendants

4ollaterals and state =egitimate children Illegitimate childrenand survivingspouse

Illegitimate parents 4ollaterals and state =egitimate childrenand illegitimatechildren

%urviving spouse

%urviving spouse 4ollaterals otherthan siblings,nephews and nieces

7o one =egitimate childrenIllegitimate children=egitimate parentsand Illegitimateparents

%iblings, nephewsnieces

ll other collateralsand state

=egitimate children,illegitimate children,=egitimate parentsand illegitimateparents

%urviving spouse

$ther collateralswithin ) th degree

4ollateral remoter indegree and state

=egitimate childrenIllegitimate children=egitimate parentsIllegitimate parentsand%urviving spouse

4ollaterals in thesame degree

%tate 7o one *veryone 7o one

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A MORE DETAILED SUMMARY OF INTESTATE S'ARES:

7 LE.ITIMATE C'ILDREN AND LE.ITIMATE DESCENDANTS ALONE

INTESTATE ' EIR S 'ARE A S LE.ITIME S 'ARE AS F REE DISPOSAL

TOTAL INTESTATE S 'ARE

=egitimate children B B 1

$ = B B 1

2 ONE LE.ITIMATE C'ILD AND SURVIVIN. SPOUSE



=egitimate child B B

%urviving spouse D D B

$ = M D 1

8 LE.ITIMATE C'ILDREN AND SURVIVIN. SPOUSE



=egitimate children B 2emaining portion ofestate after paying

legitimes


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ONE LE.ITIMATE C'ILD; ILLE.ITIMATE C'ILD; AND SURVIVIN. SPOUSE



=egitimate child B 2emaining portion ofestate after paying

legitimes to bedivided by the ratioof ! 1 for E

legitimate child andE illegitimate child,

respectively


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77 LE.ITIMATE PARENTS AND SURVIVIN. SPOUSE



=egitimate parents B B


$ = M D 1

72 LE.ITIMATE PARENTS; SURVIVIN. SPOUSE AND ILLE.ITIMATEC'ILDREN



=egitimate parents B B

%urviving spouse 1;" 1;" D

Illegitimate children D D

$ = ;" 1;" 1

78 ILLE.ITIMATE C'ILDREN ALONE



Illegitimate childrenalone

B B 1

$ = B B 1

79 ILLE.ITIMATE C'ILDREN AND SURVIVIN. SPOUSE



Illegitimate children 1;# 1;+ B

%urviving spouse 1;# 1;+ B

$ = !;# 1;# 1

7 SURVIVIN. SPOUSE



%urviving spouse B or 1;# B or 1;# 1

$ = B or 1;# B or 1;# 1

7< ILLE.ITIMATE PARENTS ALONE



Illegitimate parents B B 1$ = B B 1

1)


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7= ILLE.ITIMATE PARENTS AND SURVIVIN. SPOUSE



Illegitimate parents D D B


$ = B B 1

7> SIBLIN.S; NEP'EWS AND NIECES ALONE



%iblings, nephews,nieces

B B 1

$ = B B 1

7? SURVIVIN. SPOUSE; SIBLIN.S; NEP'EWS AND NIECES



%urviving spouse B B

%iblings, nephews,nieces

B B

$ = B B 1

DEFINITION OF ACCRETION:

- It is a right by virtue of which- when two or more persons are called to the same inheritance, devise or legacy- the part assigned to the one who renounces or cannot receive his share or who

died before the testator - is added or incorporated to that of his co-heirs, co-devisees, or co-legatees

W'O ARE INCAPABLE OF SUCCEEDIN.:

1. riest who heard the confession of the testator during his last illness, or theminister of the gospel who extended spiritual aid to him during the same period

2. 2elatives of such priest or minister of the gospel within the ' th degree, thechurch, order, chapter, community, organiKation, or institution to which suchpriest or minister may belong

#. Auardian with respect to testamentary dispositions given by a ward in his favorbefore the final accounts of the guardianship have been approved, even if thetestator should die after the approval thereof/ *N4* if the guardian is hisascendant, descendant, brother, sister, or spouse

'. ttesting witness to execution of will, their spouses, parents, children or any oneclaiming under such witness, spouse, parents or children

). hysician, surgeon, nurse, health officer or druggist who took care of the testatorduring his last illness

+. Individuals, associations, and corporations not permitted by law to inherit

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VALIDITY AND EFFECT OF LE.ACY5DEVISE

#hin$ o%ned in part &ytestator 5 rticle F!F6

.enera" R)"e: 4onveys only interest or part owned by testator

E"ception: if testator otherwise provides

a. 8e may convey more than what he owns - the stateshld try to acquire the part or interest owned by other parties. Ifother parties are unwilling to alienate, the estate should givethe legatee;devisee the monetary equivalent 5analogy with

rticle F#16

b. 8e may convey less than what he owns 5 rticle F'6

#hin$ o%ned &y another5 rticles F#G-F#16

.enera" R)"e:

a. If testator ordered acquisition of the thing - the ordershould be complied with. If the owner is unwilling to part with

the thing, the legatee;devisee should be given the monetaryequivalent

b. If testator erroneously believed that the thingbelonged to him - legacy;device is void

E"ception: 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 didnot order its acquisition - code is silent but disposition shouldbe considered valid - there is an implied order to acquire anddoubts must be resolved in favor of intestacy

#hin$ already o%ned tothe le$atee devisee5 rticles F#!-F##6

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

b. If thing was owned by another person at time ofmaking the will and thereafter it is acquired by legatee/devisee

1. If testator erroneously believed that heowned the thing legacy ;devise is void

2 If testator was not in error !

i. If thing was acquired onerouslyby =;0 =;0 entitled to be reimbursedii. If thing was acquired gratuitouslyby =;0 nothing is dueiii. If thing was owned by testator attime will was made and =;0 acquired the thingfrom him thereafter law is silent

L:alane =;0 deemed revokedL olentino no intention to revoke 5:? if the

testator has not alienated the thing directly to the=;0, but to a # rd person and the former 9ust acquiredit from the latter, there is an intention to revoke6

'e$acy Devise toremove anencum&rance over athin$ &elon$in$ totestator 5 rticle F#! par!6

3alid, if the encumbrance can be removed for a consideration

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'e$acy Devise of athin$ pled$ed ormort$a$ed 5 rticle F#'6

he encumbrance must be removed by paying the debt unless thetestator intended otherwise

CONCEPT OF COLLATION:

o 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 advance from the inheritance.

It is the act by virtue of which, the persons who concur in the inheritance bring back tothe common hereditary mass

the property which they have received from him,so that a division may be effected according to law and the will of the testator.

CONCEPT OF PARTITION:

- it is the separation, division and assignment- of a thing held in common among those to whom it may belong- the thing itself may be divided, or its value

IMPORTANT PERIODS TO REMEMBER:

1 month or less &efore ma(in$ a %ill estator, if publicly known to be insane,burden of proof is on the one claimingvalidity of the will

2) years >aximum period testator can prohibitalienation of dispositions

* years from delivery to the State o claim property escheated to the %tate

1 month o report knowledge of violent death ofdecedent lest he be considered unworthy

* years from the time disqualified person too( possession

ction for declaration of incapacity ( forrecovery of the inheritance, devise orlegacy

+) days from issuance of order ofdistri&ution

>ust signify acceptance;repudiationotherwise, deemed accepted

1 month form %ritten notice of sale 2ight to repurchase hereditary rights soldto a stranger by a co-heir

1) years o enforce warranty of title;quality ofproperty ad9udicated to co-heir from thetime right of action accrues

* years from partition o enforce warranty of solvency of debtorof the estate at the time partition is made

, years form partition ction for rescission of partition on account

of lesion

57134665 Succession Memory Aid Ateneo

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