2. Define Succession
- Is a mode of acquisition by which the
property, rights and obligations to the extent
of the value of a person’s inheritance are
transmitted through his death to another or
others either by his will or by operation of
law.
3. Elements of Succession
1. A mode of acquisition
2. Transmission of the inheritance
3. Object of succession
4. Death of the decedent
5. Succession by will and intestate succession
4. Death triggers succession
- the right to succession is transmitted from the moment of
the death of the decedent. It is only upon the death of a
person where succession can take place.
- It cannot occur during one’s lifetime.
- However, the death of the person can be either actual or
presumed.
5. The ff. are the scenarios in where a person can be
presumed as dead for the purposed of succession:
1. Person is absent for ten (10) years, it being
unknown whether or not they still alive.
2. Person at the age of seventy-five (75) years, is
absence for five (5) years.
3. A person on board a vessel lost during a sea
vogage, or an airplane which is missing, who has
not been heard of for four (4) years since the loss
of the vessel or airplane.
6. 4. A person in the armed forces who has taken part in
war, and has been missing for four (4) years;
5. A person who has been in danger of death under
other circumstances and his existence has not been
known for four (4) years.
7. Ownership of the Inheritance
- The ownership of the inheritance is automatically
transmitted to the heirs from the moment of the decedent’s
death.
- However, physical delivery and distribution of the estate to
the heirs can be delayed because of legal formalities and
settlement proceedings.
8. Inheritance
- it refers to the decedent’s properties and rights, and
obligations that were not extinguished by death. It is to
be transmitted to the decedent’s heirs through
succession.
9. Decedent
- A decedent is a person who died and whose
properties are transmitted through succession. If the
decedent left/made a will, they are called a testator.
10. Kinds of Succession
1. Testamentary or Testate – it takes place when the
decedent left a valid will. Here, the properties are
distributed in accordance with that valid will.
2. Legal or Intestate – it takes place when the
decedent died (1) without a will or (2) left an
invalid will. In this case, the properties will be
distributed according to law.
11. 3. Mixed – it is effected partly by will and partly by law.
It is controlled by the testator and partially by law.
It occurs when:
a. The testator left a valid will but failed to include all
properties;
b. No indication in the will regarding the disposition of
the properties; or
12. 3. If any of the heirs is incapable to accept or enter into
succession
13. Person Authorized to Take Charge of the Estate
1. Administrator – a person or trust company appointed
by the court to administer and distribute the
decedent’s estate if there is no will, or if there is no
executor named in the will, or if the person named in
the will does not act or execute its provisions.
14. 2. Executor – person or trust company named in the
will of the testator to carry out its provision.
15. Wills
a. Personal Act
The making of a will is a strictly personal act; it cannot
be left in whole or in part of the discretion of a third
person or accomplished through the instrumentality of
an agent or attorney.
16. b. Effective Mortis Causa
A will takes effect after the decedent’s death. A will can
never be treated as final and irrevocable until the
testator dies.
c. Subject to formalities
For a will to be valid, the testator should comply with
the formalities required by law. Failure to comply will
result in the nullity of the will.
17. Testamentary Capacity
1. Testator is a natural person
2. Testator is at least 18 years old at the time of the
writing of the will.
3. Testator is of sound mind upon the writing of the
will.
4. Testator is not prohibited by law to make a will.
18. Types of Wills
1. Ordinary or Notarial Will - that which requires,
among other things, an attestation clause and an
acknowledgement before a notary public. It is
written in a public instrument and signed by the
testator and witnesses.
2. Holographic Will - that which is entirely written,
dated, and signed by the hand of the testator
himself
19. 3. Codicil – a supplement or an addition to a will, made
after the execution of a will and annexed to be take as
part thereof, by any disposition made in the original
will is explained, added to, or altered.
20. Legitime
- is the portion of a decedent’s estate which the law
reserved for the compulsory heirs.
- It is the portion that is reserved for certain heirs of the
decease that represents the former’s minimum share
in the estate.
- Hence the estate of a testator is composed of two
parts, the legitime and the free portion.
21. The following are the compulsory heirs
1. Legitimate children and descendants
2. Legitimate descendants
3. Legitimate parents and ascendants
4. Legitimate ascendants
5. The widow or widower
6. Acknowledged natural children
7. Illegitimate children
22. Rule of Preference Between Lines
- those in the direct descending line (children,
grandchildren etc.) shall exclude those in the direct
ascending line (parents, grandparents, etc.)
- Only when there are no descendants where
succession shall go upwards.
23. Order of Intestate Succession
1. Legitimate children or descendants
2. Legitimate parents or ascendants
3. Illegitimate children or descendants
4. Surviving spouse
5. Brothers, sisters, nephew, and niece
6. Other relatives within the 5th degree of consanguinity
7. The State
