Succession

Succession

A mode of acquisition where the property, rights, and obligations of a person are transferred to another or others after their death, either through a will or by operation of law.

Decedent

The general term for the person whose property is transferred through succession, whether or not they left a will. If they left a will, they are also called the testator.

Inheritance

Includes all the property, rights, and obligations of a person that are not extinguished by their death.

Transmission of Rights

The rights to the succession are transferred from the moment of the decedent's death.

Types of Succession

Succession can be testamentary (resulting from the designation of an heir in a will), legal or intestate (resulting from the operation of law), or mixed (partly by will and partly by operation of law).

Heir

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

Devisees and Legatees

Persons who receive gifts of real and personal property, respectively, through a will.

Will

An act that allows a person to control the disposition of their estate after their death, with the formalities prescribed by law.

Testamentary Capacity

The legal ability of a person to make a will. All persons who are not expressly prohibited by law may make a will.

Forms of Wills

Wills must be in writing, executed in a language known to the testator, and subscribed at the end by the testator and witnesses. Holographic wills must be entirely written, dated, and signed by the testator.

Witnesses to Wills

Witnesses must be of sound mind, at least 18 years old, able to read and write, and not blind, deaf, or dumb. Certain individuals, such as those not domiciled in the Philippines or convicted of certain crimes, are disqualified from being witnesses to a will.

Mere charge on the estate

A charge on the estate of the testator for the payment of debts due at the time of the testator's death.

Codicil

A supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof.

Execution of a codicil

The process of making a codicil effective, which requires it to be executed as in the case of a will.

Incorporation by reference

The act of incorporating a document or paper into a will by reference, which requires certain requisites to be present.

Revocation of a will

The act of revoking a will by the testator at any time before his death, with certain exceptions.

Revocation of a will outside the Philippines

The validity of a revocation done outside the Philippines, by a person who does not have his domicile in this country, is determined by the law of the place where the will was made or the law of the place in which the testator had his domicile at the time.

Revocation of a will by implication of law

The revocation of a will by implication of law, which occurs in certain cases specified in the law.

Revocation of a will by burning, tearing, cancelling, or obliterating

The revocation of a will by the act of burning, tearing, cancelling, or obliterating it with the intention of revoking it, either by the testator himself or by some other person in his presence and by his express direction.

Subsequent wills and annulment of prior wills

The effect of subsequent wills on prior wills, which annul only those dispositions in the prior wills that are inconsistent with or contrary to those contained in the later wills.

Revocation of a will based on a false or illegal cause

The nullity of a revocation of a will based on a false or illegal cause.

Republication and revival of wills

The effect of the execution of a codicil referring to a previous will, which republishes the will as modified by the codicil.

Allowance and disallowance of wills

The process of proving and allowing a will in accordance with the Rules of Court, and the cases in which a will shall be disallowed.

Institution of heir

The act of designating in a will the person or persons who are to succeed the testator in his property and transmissible rights and obligations.

Validity of a will without institution of an heir

The validity of a will even if it does not contain an institution of an heir or the institution does not comprise the entire estate, and the legal effect in such cases.

Disposition of estate by a person with no compulsory heirs

The ability of a person with no compulsory heirs to dispose by will of all his estate or any part of it in favor of any person having capacity to succeed.

Designation of heir by name and surname

The requirement for the testator to designate the heir by his name and surname, and the validity of the institution even if the name of the heir is omitted but can be identified with certainty.

Error in the name, surname, or circumstances of the heir

The effect of an error in the name, surname, or circumstances of the heir, and the conditions under which the institution shall not be vitiated.

Disposition in favor of an unknown person

The voidness of a disposition in favor of an unknown person, unless the identity of the person becomes certain through an event or circumstance, and the validity of a disposition in favor of a definite class or group of persons.

Equal inheritance for heirs instituted without designation of shares

The rule that heirs instituted without designation of shares shall inherit in equal parts.

Collective institution of heirs

The consideration of collectively designated heirs as individually instituted, unless the intention of the testator was otherwise.

Distribution of inheritance among full and half-blood siblings

The equal distribution of inheritance among full and half-blood siblings, unless a different intention appears.

Simultaneous institution of a person and his children

The simultaneous institution of a person and his children, considering them all to have been instituted simultaneously and not successively.

Statement of a false cause for the institution of an heir

The consideration of a statement of a false cause for the institution of an heir as not written, unless it appears from the will that the testator would not have made such institution if he had known the falsity of the cause.

Legal effect of the omission of compulsory heirs

The annulment of the institution of heir in case of the omission of one, some, or all of the compulsory heirs in the direct line, with the validity of the devises and legacies

Fideicommissary substitution

A type of inheritance arrangement where the fiduciary is obligated to deliver the property to a second heir without an express manner of designation.

Perpetual prohibition to alienate

A provision that prohibits the heir from selling or transferring the inherited property beyond a certain limit.

Charge of paying income or pension

A provision that requires the heir to make payments to various individuals successively, beyond a specified limit.

Secret instructions

Instructions given by the testator to a person who inherits the property, specifying how the property should be applied or invested.

Nullity of fideicommissary substitution

The invalidity of a fideicommissary substitution does not affect the validity of the initial designation of heirs; the fideicommissary clause is simply considered as not written.

Conditional testamentary dispositions

The institution of an heir can be made conditionally or for a specific purpose or cause.

Imposing charges, conditions, or substitutions on legitimes

The testator cannot impose any charges, conditions, or substitutions on the legitimes prescribed by law.

Nullity of impossible or unlawful conditions

Conditions that are impossible to fulfill or contrary to law or good customs are considered as not imposed and do not affect the rights of the heir.

Absolute condition not to contract marriage

A condition that prohibits the heir from contracting marriage, which is considered as not written unless imposed by the deceased spouse, ascendants, or descendants.

Disposition with a suspensive term

A testamentary disposition that does not prevent the instituted heir from acquiring and transmitting their rights before the specified term.

Potestative condition imposed on an heir

A condition imposed on an heir that depends solely on their will, which must be fulfilled upon learning of the testator's death.

Casual or mixed condition

A condition that can be fulfilled at any time before or after the testator's death, unless otherwise specified.

Administrator of the estate

The person appointed to administer the estate when the heir is instituted under a suspensive condition or term or fails to give the required security.

Object of the institution or charge

The statement of the purpose or application of the property left by the testator, which is not considered a condition unless explicitly intended as such.

Legitime

The portion of the testator's property that cannot be disposed of and is reserved for compulsory heirs.

Compulsory heirs

The specific individuals who are entitled to the legitime, including legitimate children and descendants, legitimate parents and ascendants, the widow or widower, acknowledged natural children, and other illegitimate children.

Legitime of legitimate children and descendants

One-half of the hereditary estate of the parents, which cannot be freely disposed of by the testator.

Legitime of legitimate parents or ascendants

One-half of the hereditary estates of their children and descendants, which cannot be freely disposed of by the testator.

Division of legitime among parents or ascendants

The legitime reserved for legitimate parents is divided equally between them, or entirely to the ones nearest in degree if they are of different degrees.

Reservation of property acquired from ascendants

An ascendant who inherits property acquired by the descendant from another ascendant or sibling must reserve such property for relatives within the third degree of the line from which it came.

Legitime of surviving spouse

The portion of the hereditary estate entitled to the surviving spouse, which depends on the presence of legitimate children or descendants, illegitimate children, or the absence of any compulsory heirs.

Legitime of illegitimate children

The portion of the hereditary estate entitled to illegitimate children, which depends on the presence of other compulsory heirs and the free portion of the estate.

Transmission of rights of illegitimate children

The rights of illegitimate children are transmitted to their descendants, whether legitimate or illegitimate.

Legitime of parents with an illegitimate child

The legitime of parents with an illegitimate child is one-half of the hereditary estate of the child, or one-fourth if the child has no other compulsory heirs.

Deprivation of legitime and imposition of burdens

The testator cannot deprive compulsory heirs of their legitime, nor impose any burdens, conditions, or substitutions on them, except in cases specified by law.

Renunciation or compromise

Any renunciation or compromise made between a person owing a future legitime and their compulsory heirs is void. The compulsory heirs can still claim the legitime upon the death of the person owing it, but they must bring to collation whatever they may have received through the renunciation or compromise.

Legitime satisfaction

Any compulsory heir who has been left by the testator with less than their legitime can demand that the same be fully satisfied.

Reduction of testamentary dispositions

Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced upon the petition of the same, if they are inofficious or excessive.

Determining the legitime

The legitime is determined by considering the value of the property left at the death of the testator, deducting all debts and charges. The value of all donations subject to collation made by the testator at the time they were made is added to the net value of the hereditary estate.

Charging donations to legitime

Donations given to children are charged to their legitime. Donations made to strangers are charged to the part of the estate that the testator could have disposed of by their last will. If these donations are inofficious or exceed the disposable portion, they shall be reduced according to the rules established by the Code.

Charging illegitimate child's donations to legitime

Donations received by an illegitimate child during the lifetime of their father or mother are charged to their legitime. If these donations exceed the portion that can be freely disposed of, they shall be reduced according to the rules prescribed by the Code.

Reduction of testamentary provisions

After determining the legitime, reductions shall be made as follows:(1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the devises or legacies made in the will; (2) The reduction of devises or legacies shall be pro rata, without any distinction; (3) If a devise or legacy consists of a usufruct or life annuity, the compulsory heirs may choose between complying with the testamentary provision or delivering to the devisee or legatee the part of the inheritance of which the testator could freely dispose.

Reduction of devise subject to division

If a devise subject to reduction consists of real property that cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value. If the reduction exceeds one-half of its value, it shall go to the compulsory heirs, but the former and the latter shall reimburse each other in cash for what respectively belongs to them. The devisee who is entitled to a legitime may retain the entire property if its value does not exceed that of the disposable portion and their share as legitime.

Exercise of right to reduction

If the heirs or devisees do not choose to avail themselves of the right granted by the preceding article, any heir or devisee who did not have such right may exercise it. If the latter does not make use of it, the property shall be sold at public auction at the instance of any one of the interested parties.

Testator's freedom to dispose of free portion

The testator may devise and bequeath the free portion as they may deem fit.

Disinheritance

A compulsory heir may be deprived of their legitime through disinheritance for causes expressly stated by law.

Disinheritance through a will

Disinheritance can only be effected through a will wherein the legal cause for disinheritance is specified.

Burden of proving disinheritance cause

The burden of proving the truth of the cause for disinheritance rests upon the other heirs of the testator if the disinherited heir denies it.

Effects of invalid disinheritance

Disinheritance without a specification of the cause, or for a cause that is not proved or not one of those set forth in the Code, annuls the institution of heirs to the extent that it prejudices the disinherited person. However, the devises, legacies, and other testamentary dispositions remain valid to the extent that they do not impair the legitime.

Causes for disinheritance of children and descendants

The sufficient causes for the disinheritance of children and descendants, whether legitimate or illegitimate, include:(1) Attempt against the life of the testator, spouse, descendants, or ascendants; (2) False accusation of a crime against the testator; (3) Conviction of adultery or concubinage with the spouse of the testator; (4) Fraud, violence, intimidation, or undue influence causing the testator to make or change a will; (5) Refusal without justifiable cause to support the parent or ascendant who

Alternative legacies or devises

In cases where the choice is left to the heir or executor/administrator of the estate to give a legacy or devise, the choice is presumed to be left to the obligated heir or executor/administrator.

Irrevocability of choice

Once the choice is made, it cannot be revoked.

Legacy of generic personal property

A legacy of generic personal property is valid even if there are no things of the same kind in the estate.

Devise of indeterminate real property

A devise of indeterminate real property is valid only if there is immovable property of its kind in the estate.

Right of choice

When the testator expressly leaves the right of choice to the heir, legatee, or devisee, they may give or choose whichever they prefer.

Passing of choice to heirs

If the heir, legatee, or devisee dies before making the choice, the right to choose passes to their respective heirs.

Duration of legacies for education and support

A legacy for education lasts until the legatee is of age or finishes a professional, vocational, or general course. A legacy for support lasts during the lifetime of the legatee, unless otherwise provided by the testator.

Determination of legacies without fixed amount

If the testator has not fixed the amount of legacies for education or support, it shall be determined based on the social standing and circumstances of the legatee and the value of the estate.

Payment of periodical pension or certain amount

If a periodical pension or a certain annual, monthly, or weekly amount is bequeathed, the legatee may petition the court for the first installment upon the death of the testator, and subsequent installments shall be due at the beginning of each period.

Respect for usufruct in bequeathed thing

If the thing bequeathed is subject to a usufruct, the legatee or devisee must respect the usufruct right until it is legally extinguished.

Acquisition and transmission of pure and simple legacies

The legatee or devisee acquires the right to pure and simple legacies from the death of the testator and can transmit it to their heirs.

Ownership and responsibility of specific and determinate thing bequeathed

If the legacy or devise is of a specific and determinate thing, the legatee or devisee acquires ownership upon the death of the testator and bears the risk of loss or deterioration, benefiting from its increase or improvement.

Fruits and interests of generic or quantity bequest

If the bequest is not of a specific and determinate thing but is generic or of quantity, the legatee or devisee shall receive the fruits and interests from the time of the testator's death if expressly ordered by the testator.

Order of payment for insufficient estate

If the estate is not sufficient to cover all the legacies or devises, payment shall be made in the following order:remuneratory legacies or devises, preferential legacies or devises, legacies for support, legacies for education, legacies or devises of specific determinate things, and all others pro rata.

Delivery of bequeathed thing with accessories and in condition

The thing bequeathed shall be delivered with all its accessories and in the condition it was in upon the death of the testator.

Obligation to deliver thing bequeathed

The heir, executor, or administrator must deliver the thing bequeathed if possible, and cannot discharge the obligation by paying its value unless unable to deliver.

Legatee or devisee's request for delivery

The legatee or devisee cannot take possession of the thing bequeathed on their own authority but must request its delivery from the heir, executor, or administrator authorized by the court.

Acceptance and repudiation of legacy or devise

The legatee or devisee cannot accept a part of the legacy or devise and repudiate the other if the latter is onerous. If the legatee or devisee dies before accepting, their heirs may accept or repudiate their share in the legacy or devise.

Acceptance or renunciation of two legacies or devises

If the legatee or devisee is bequeathed two legacies or devises, one onerous and one not, they cannot renounce the onerous one and accept the other. If both are onerous or gratuitous, they may accept or renounce both.

Effect of inability or unwillingness to accept legacy or devise

If the legatee or devisee cannot or is unwilling to accept the legacy or devise, or if it becomes ineffective for any reason, it shall be merged into the estate, except in cases of substitution and right of accretion.

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Descending Direct Line

The order of succession that pertains to the children and their descendants inheriting from their parents and other ascendants.

Legitimate children

Children born within a legal marriage.

Adopted child

A child who is legally taken in and treated as a biological child by adoptive parents.

Right of representation

The principle that allows the descendants of a deceased child to inherit in place of the deceased child.