Wills and Succession

succession

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.

decedent

is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator.

testamentary, legal or intestate or mixed

kinds of succession

heir

a person called to the succession either by the provision of a will or by operation of law.

devisee

person to whom gifts of real property are given by virtue of a will

legatee

person to whom gifts of personal property are given by virtue of a will

will

an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death.

strictly a personal act, unilateral and individual act, free and voluntary act, formal and solemn act, disposition of property, act mortis causa, ambulatory and revocable

characteristics of a will

persons who are not expressly prohibited by law may make a will; persons of either sex not under 18 years of age and that the testator be of sound mind at the time of its execution

who can make a will

It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act.

requirement of sound mind

the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.

not necessary to be considered of sound mind

person who opposes the probate of the will

The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the ______ ;

the person who maintains validity of the will

but if the testator, one month, or less, before making his will was publicly known to be insane, ______ must prove that the testator made it during a lucid interval.

every person is of sound mind

presumption of law on soundness of mind

married woman

who may make a will without the consent of her husband, and without the authority of the court and may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property

will

A married woman may dispose by ___ of all her separate property as well as her share of the conjugal partnership or absolute community property.

two or more persons

who cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person.

shall not be valid

Wills, prohibited by the preceding article (joint making), executed by Filipinos in a foreign country ____ in the Philippines, even though authorized by the laws of the country where they may have been executed.

any person of sound mind; at least 18 years old; not blind, deaf or dumb; able to read and write

Witnesses’ Qualifications

anyone who is not a domiciled in the Philippines; those who have been convicted of falsification of documents, perjury or false testimony

Witnesses’ Disqualifications

Codicil

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

anytime before his death

when can the testator revoke his will

by implication of law; by some will, codicil or other writing executed as provided by the Civil Code; by burning, tearing, cancelling or obliterating the will by the testator himself with the intention of revoking it, personally or through another person with is express direction and in his presence

how are wills revoked

(1) If the formalities required by law have not been complied with;

(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;

(3) If it was executed through force or under duress, or the influence of fear, or threats;

(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person;

(5) If the signature of the testator was procured by fraud;

(6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto.

Grounds for disallowance of wills

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.

substitution

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

simple or common; brief or compendious; reciprocal or fideicommissary

ways of substitution

by the name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known.

how are heirs designated

one who has no compulsory heirs

may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed.

one who has compulsory heirs

may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs.

(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in article 287.

who are compulsory heirs

legitimate children and their legitimate descendants; surviving (legitimate) spouse; illegitimate children and their descendants (legitimate or illegitimate)

primary compulsory heirs

legitimate parents and legitimate ascendants—they inherit in default of #1; illegitimate parents (no other ascendants)—they inherit only in default of #1 & #3

secondary compulsory heirs

voluntary heirs

those who are not in the enumeration under Art. 887; in the presence of those enumerated in Art. 887,

friends, cousins

voluntary heirs who are not enumerated in Art. 887

siblings, nephews, nieces

voluntary heirs who are enumerated in Art. 887

Proximity of Relationship

is determined by the number of generations. Each generation forms a degree.

line; direct or collateral

series of degrees forms a ___ which may be either ______

direct line

is that constituted by the series of degrees among ascendants and descendants.

collateral line

is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor.

full blood relationship

is that existing between persons who have the same father and the same mother.

half blood relationship

is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father.

grounds for instestate succession

(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;

(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code.

descending direct line

what succession pertains to in the first place

legitimate children and their descendant

who succeed the parents and other ascendants without distinction as to sex or age and even if they should come from different marriages

adopted child

who succeeds to the property of the adopting parents in the same manner as a legitimate child

grandchildren and other descendants

shall inherit by right of representation and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions

illegitimate children

if they survive with legitimate children, their shares shall be in proportions prescribed by article 895

parents and relatives by consanguinity

in the case of death of an adopted child, without children or descendants, who shall be their legal heirs

parents and ascendants

in default of legitimate children and descendants of the deceased, who shall inherit from him to the exclusion of collateral relatives

the ascendants nearest in degree

who shall inherit in default of the father and mother?

per capita

how is the inheritance for ascendants with more than one of equal degree be divided

one-half shall go to the paternal and the other half to the maternal ascendants still made per capita

how is the inheritance for ascendants of different lines but of equal degree be divided

other collateral relatives

who shall inherit the estate if there are no brothers nor sisters nor children of brothers or sisters

not extend beyond the 5th degree of relationship in the collateral line

limitations on the right to inherit by collateral relatives

the State

who shall inherit the whole estate in default of persons entitled to succeed in accordance with the provisions of preceding sections

legitime

is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.

representation

is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited.

right of representation

takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood.

preterition

or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.

disinheritance

consequence when a compulsory heir is deprived of his legitime for causes expressly stated by law. It can be effected only through a will wherein the legal cause therefor shall be specified.