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LAW ON SUCCESSION
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 will or by operation of law.
¡ The rights to the succession are transmitted from the moment
of the death of the decedent.
I. INHERITANCE
ELEMENTS OF SUCCESSION
1. DECEDENT – the person whose property is transmitted
through succession, whether or not he left a will. If he left a
will, he also called the testator.
Qualifications of a Testator
A. Must be at least 18 years of age.
B. Must be of sound mind.
He knew at the time of execution
a. Nature of the Estate
b. Proper Objects of his Bounty
c. Character of the Testamentary Act
I. INHERITANCE
ELEMENTS OF SUCCESSION
2. HEIRS – the persons called to the succession, either by will
or by operation of law.
Qualifications of an Heir
A. Must be LIVING at the time of death of the decedent.
B. Must not be INCAPACITATED by law to succeed due to
undue influence or interest, immorality or against public
policy, or by reason of unworthiness.
I. INHERITANCE
ELEMENTS OF SUCCESSION
Heirs under Testamentary Succession
A. Compulsory heirs – called to succeed to the portion of the
estate known as LEGITIME.
B. Voluntary heirs – called to succeed to the whole or an
aliquot part of the disposable portion.
(e.g. Testator gives ¼ of the free portion to a friend. Friend
is a voluntary heir.)
C. Legatees – persons to whom gifts of PERSONAL PROPERTY
are given by will.
D.Devisees – persons to whom gifts of REAL PROPERTY are
given by will.
(e.g. Testator makes a will devising a parcel of land in
Laguna to Alex, and bequeathing his automobile to Ben. Alex
is a devisee while Ben is a legatee.)
I. INHERITANCE
ELEMENTS OF SUCCESSION
Heirs under Intestate Succession
Legal or Intestate heirs
3. ESTATE/INHERITANCE – includes:
A. All of Decedent’s Property existing at the time of death.
B. Transmissible Rights and Obligations existing at the time of
death
C. Property and Rights which have accrued to hereditary estate
since the opening of the succession
I. INHERITANCE
ELEMENTS OF SUCCESSION
4. ACCEPTANCE – an act by virtue of which an heir, legatee or
devisee manifests his desire to succeed to the inheritance,
legacy or devise. It may be express or implied.
Repudiation – the opposite of acceptance. It may be made
by means of a public instrument, authentic instrument or
petition in court.
I. INHERITANCE
KINDS OF SUCCESSION
1. TESTAMENTARY SUCCESSION – which results from the
designation of an heir, made in a WILL executed in the form
prescribed by law.
2. INTESTATE OR LEGAL SUCCESSION – which is effected by
operation of law.
3. MIXED SUCCESSION – which is effected partly by will and
partly by operation of law.
I. INHERITANCE
TESTAMENTARY SUCCESION
THERE MUST BE A VALID WILL
WILL
Is an act whereby a person is permitted with formalities
prescribed by law, to control to a certain degree the disposition
of his estate, to take effect after his death.
I. INHERITANCE
CHARACTERISTICS OF A WILL
1. Strictly personal act.
2. Individual and unilateral act.
3. Free and voluntary act.
4. Formal and solemn act.
5. Disposition of property.
6. An act mortis causa.
7. Revocable during testator’s lifetime.
I. INHERITANCE
CLASSIFICATION OF WILLS
1. ORDINARY OR NOTARIAL WILL – written will acknowledged
before a notary public.
Formalities:
A. In writing
B. Written in a language or dialect known to the testator
C. Subscribed at the end by testator himself
D. Attested and subscribed by 3 or more credible witnesses in
the presence of the testator and one another.
E. Each and every page must be signed on the left margin.
I. INHERITANCE
CLASSIFICATION OF WILLS
Formalities:
F. Must contain an Attestation Clause. If no attestation clause,
the will is VOID.
Attestation Clause is a memorandum or record of facts
wherein the witnesses certify that the instrument has been
executed before them, and that it has been executed in
accordance with the formalities prescribed by law.
G. Acknowledged before a notary public by the testator and the
witnesses.
I. INHERITANCE
CLASSIFICATION OF WILLS
2. HOLOGRAPHIC WILL – one that is entirely written, dated and
signed by the hand of the testator himself.
Formalities:
A. Entirely written by the hand of the testator himself
B. Entirely dated by the hand of the testator himself
C. Entirely signed by the hand of the testator himself
D. Executed in a language or dialect known to the testator.
NUNCUPATIVE WILL – an oral will. It is VOID.
I. INHERITANCE
CODICIL
A supplement or addition to a will made after the execution of a
will and annexed to be taken as part thereof, by which any
disposition made in the original will is explained, added to or
altered.
It must be executed as in the case of a will.
I. INHERITANCE
PROBATE OF A WILL
A special proceeding for establishing validity of the will.
In probate, it must be proved that:
A. The will is indeed the last will and testament of the
testator.
B. It has been executed in accordance with formalities
prescribed by law.
C. The testator had testamentary capacity at the time of
execution of the will.
Necessity of Probate: No will shall pass either real or personal
property unless it is proved and allowed in accordance with
Rules of Court.
I. INHERITANCE
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
called compulsory heirs.
I. INHERITANCE
DISINHERITANCE – act of testator in depriving a compulsory
heir of his legitime.
Requisites:
A. For a cause expressly stated by law.
B. Effected through a valid will.
C. Must be SPECIFIED in the will itself.
D. Must be CERTAIN and TRUE
E. Must be TOTAL
F. Must be UNCONDITIONAL
I. INHERITANCE
Causes for Disinheritance of Children and Descendants.
Child or Descendant
A. Has been found guilty of an ATTEMPT against the life of
the testator, his or her spouse, descendants or
ascendants;
B. Has ACCUSED the testator of a crime for which the law
prescribes imprisonment for 6 years or more, if the
accusation has been found GROUNDLESS;
C. Has been convicted of ADULTERY or CONCUBINANGE with
spouse of the testator.
D. By FRAUD, VIOLENCE, INTIMIDATION OR UNDUE
INFLUENCE causes the testator to make a will to change
one already made.
I. INHERITANCE
Causes for Disinheritance of Children and Descendants
E. REFUSAL without justifiable cause to SUPPORT the parent
or ascendant.
F. MALTREATMENT of the testator by word or deed.
G. Leads a DISHONORABLE or DISGRACEFUL LIFE
H. CONVICTION of a crime which carries with it the penalty
of CIVIL INTERDICTION
Causes for Disinheritance of Parents or Ascendants – see
Art. 920 of the Civil Code
Causes for Disinheritance of a Spouse – Art. 921 of the Civil
Code
I. INHERITANCE
COMPULSORY HEIRS
A. Legitimate children and descendants
B. In absence of no. 1, legitimate parents and ascendants,
(secondary compulsory heirs)
C. Surviving spouse
D. Illegitimate children
Primary Compulsory Heirs – A
Concurring Compulsory Heirs – C and D
Secondary Compulsory Heirs – B
I. INHERITANCE
KINDS OF CHILDREN
A. Legitimate children – born inside a valid marriage
B. Illegitimate children – born outside a valid marriage or
inside a void marriage
C. Adopted children – by decree of adoption
D. Legitimated children – conceived and born outside of
wedlock of parents who subsequently entered into a valid
marriage.
(A, C and D have the same successional rights)
I. INHERITANCE
Table of Legitimes
I. INHERITANCE
Survivors Legitime
1. Any class alone ½ of the estate
2. One Legitimate child (LC) and
Surviving Spouse (SS)
LC – ½
SS – ¼
3. Two or more LC and SS LC – ½
SS – Equal to that of each LC
4. LC, SS and Illegitimate Child (IC) LC – ½
SS – ¼ or equal to that each LC, as the case may be
IC – ½ of that of each LC
5. Legitimate parents (LP) and SS or IC LP – ½
SS or IC – ¼
6. LP, SS and IC LP – ½
SS – 1/8
IC – ¼
7. SS and IC SS – 1/3
IC – 1/3
DISPOSABLE FREE PORTION – Net Distributable Estate less
Legitime of the Compulsory Heirs
It can be given to ANYONE.
WHAT IS BASIS TO DETERMINE THE LEGITIME?
Net Distributable Estate (properties less liabilities at the
time of death,
But if there were donations made during the lifetime of
the deceased, the same must be included. This process is
known as COLLATION.
I. INHERITANCE
Problem 1:
The testator is survived by spouse, a legitimate
child and a legitimate parent. The net value of
the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 1:
Distribution: Legitime
Legitimate Child P500,000
Spouse P250,000
Legitimate Parent P0 because of the
presence of LC
Free Portion P250,000
I. INHERITANCE
Problem 2:
The testator is survived by spouse, a legitimate
child, and an illegitimate child. The net value of
the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 2:
Distribution: Legitime
Legitimate Child P500,000
Spouse P250,000
Illegitimate Child P250,000
Free Portion P0
I. INHERITANCE
Problem 3:
The testator is survived by spouse, two
legitimate children, and two illegitimate
children. The net value of the estate is
P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 3:
Distribution: Legitime
Legitimate Child A P250,000
Legitimate Child B P250,000
Spouse P250,000
Illegitimate Child A P125,000
Illegitimate Child B P125,000
Disposable Free Portion P0
I. INHERITANCE
Problem 4:
The testator is survived by spouse, one
legitimate child, and two illegitimate children.
The net value of the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 4:
Distribution: Legitime
Legitimate Child P500,000
Spouse P250,000
Illegitimate Child A P125,000
Illegitimate Child B P125,000
Disposable Free Portion P0
I. INHERITANCE
Problem 5:
The testator is survived by mother, spouse, four
illegitimate children and uncle. The net value of
the estate is P1,000,000.
Determine the respective legitimes of the
compulsory heirs and the free portion.
I. INHERITANCE
Problem 5:
Distribution: Legitime
Mother P500,000
Spouse P125,000
Illegitimate Child A P62,500
Illegitimate Child B P62,500
Illegitimate Child C P62,500
Illegitimate Child D P62,500
Uncle P0
Disposable Free Portion P125,000
I. INHERITANCE
What is the status of the will if the share
given to a compulsory heir is less than his
legitime?
Will is still VALID, but the compulsory heir
can ask for the complete satisfaction of
his legitime.
I. INHERITANCE
INTESTATE SUCCESSION
ORDER OF INTESTATE SUCCESSION
A. Legitimate children or descendants – always inherit despite
the presence of others
B. Legitimate parents or ascendants – will inherit in absence
of legitimate children
C. Illegitimate children or descendants – always inherit
D. Surviving spouse – always inherit
E. Brothers, sisters, nephews and nieces – will inherit if there
are no LC, LP and IC.
F. Other collateral relatives within the 5th degree, will inherit if
there are no LC, LP, IC, SS and BSNN
G. State – will inherit if there are no relatives within the 5th
degree of consanguinity (ESCHEAT)
I. INHERITANCE
Intestate Succession Table
I. INHERITANCE
Survivors Share
1. Any class alone Whole estate
2. One Legitimate child (LC) and
Surviving Spouse (SS)
Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes
3. Two or more LC and SS Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes
4. LC, SS and Illegitimate Child (IC) Satisfy their legitimes and then distribute the disposable
portion in proportion to their respective legitimes.
5. Legitimate Parents (LP) and SS or
IC
LP – ½
SS or IC – ½
6. LP, SS and IC LP – ½
SS – ¼
IC – ¼
7. SS and IC SS – ½
IC – ½
8. SS and Brothers, Sisters, Nephews
and Nieces (BSNN)
SS – ½
BSNN – ½
Problem 6:
Decedent died intestate and was survived by a
spouse, two legitimate children, and mother.
The net value of the estate is P1,200,000.
Distribute the estate of the decedent
I. INHERITANCE
Problem 6:
Distribution: Legitime Add’l Share Total
Legitimate Child A P300,000 P100,000 P400,000
Legitimate Child B P300,000 P100,000 P400,000
Spouse P300,000 P100,000 P400,000
Mother P0
I. INHERITANCE
Problem 7:
Decedent died intestate and was survived by a
spouse, two illegitimate children, and mother.
The net value of the estate is P1,200,000.
Distribute the estate of the decedent
I. INHERITANCE
Problem 7:
Distribution:
Mother P600,000
Spouse P300,000
Illegitimate Child A P150,000
Illegitimate Child B P150,000
I. INHERITANCE
Problem 8:
Decedent died intestate and was survived by a
great-grandfather, spouse, brother and sister.
The net value of the estate is P1,200,000.
Distribute the estate of the decedent
I. INHERITANCE
Problem 8:
Distribution:
Great-Grandfather P600,000
Spouse P600,000
Brother P0
Sister P0
I. INHERITANCE
RULES PERTINENT TO INTESTATE SUCCESSION
A. Preference between lines
a. Direct descending line
b. Direct ascending line
c. Collateral line
e.g. Legitimate Children exclude Legitimate Parents
Legitimate Parents exclude Uncles and Aunts
I. INHERITANCE
RULES PERTINENT TO INTESTATE SUCCESSION
B. Proximity
Those nearest in degree exclude the more distant ones
e.g. Legitimate Children exclude Legitimate Grandchildren
Exception: REPRESENTATION – right 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.
It takes place in:
a. Direct descending line
b. Collateral line, in favor of the children of brothers
or sisters.
Legitimate Parents exclude Legitimate Grandparents
Uncles exclude First Cousins
I. INHERITANCE
RULES PERTINENT TO INTESTATE SUCCESSION
C. Equal division
Those of same degree shall inherit in equal shares.
e.g. Legitimate Children will have the same share.
MIXED SUCCESSION
Occurs when there are:
A. Omitted properties
B. After-acquired properties
Distribution Rules:
A. Properties mentioned in the Will – Testamentary
Succession
B. Properties not mentioned – Intestate Succession
I. INHERITANCE
¡THANK YOU

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Succession (Articles 774-1116 Civil Code

  • 2. 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 will or by operation of law. ¡ The rights to the succession are transmitted from the moment of the death of the decedent. I. INHERITANCE
  • 3. ELEMENTS OF SUCCESSION 1. DECEDENT – the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he also called the testator. Qualifications of a Testator A. Must be at least 18 years of age. B. Must be of sound mind. He knew at the time of execution a. Nature of the Estate b. Proper Objects of his Bounty c. Character of the Testamentary Act I. INHERITANCE
  • 4. ELEMENTS OF SUCCESSION 2. HEIRS – the persons called to the succession, either by will or by operation of law. Qualifications of an Heir A. Must be LIVING at the time of death of the decedent. B. Must not be INCAPACITATED by law to succeed due to undue influence or interest, immorality or against public policy, or by reason of unworthiness. I. INHERITANCE
  • 5. ELEMENTS OF SUCCESSION Heirs under Testamentary Succession A. Compulsory heirs – called to succeed to the portion of the estate known as LEGITIME. B. Voluntary heirs – called to succeed to the whole or an aliquot part of the disposable portion. (e.g. Testator gives ¼ of the free portion to a friend. Friend is a voluntary heir.) C. Legatees – persons to whom gifts of PERSONAL PROPERTY are given by will. D.Devisees – persons to whom gifts of REAL PROPERTY are given by will. (e.g. Testator makes a will devising a parcel of land in Laguna to Alex, and bequeathing his automobile to Ben. Alex is a devisee while Ben is a legatee.) I. INHERITANCE
  • 6. ELEMENTS OF SUCCESSION Heirs under Intestate Succession Legal or Intestate heirs 3. ESTATE/INHERITANCE – includes: A. All of Decedent’s Property existing at the time of death. B. Transmissible Rights and Obligations existing at the time of death C. Property and Rights which have accrued to hereditary estate since the opening of the succession I. INHERITANCE
  • 7. ELEMENTS OF SUCCESSION 4. ACCEPTANCE – an act by virtue of which an heir, legatee or devisee manifests his desire to succeed to the inheritance, legacy or devise. It may be express or implied. Repudiation – the opposite of acceptance. It may be made by means of a public instrument, authentic instrument or petition in court. I. INHERITANCE
  • 8. KINDS OF SUCCESSION 1. TESTAMENTARY SUCCESSION – which results from the designation of an heir, made in a WILL executed in the form prescribed by law. 2. INTESTATE OR LEGAL SUCCESSION – which is effected by operation of law. 3. MIXED SUCCESSION – which is effected partly by will and partly by operation of law. I. INHERITANCE
  • 9. TESTAMENTARY SUCCESION THERE MUST BE A VALID WILL WILL Is an act whereby a person is permitted with formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. I. INHERITANCE
  • 10. CHARACTERISTICS OF A WILL 1. Strictly personal act. 2. Individual and unilateral act. 3. Free and voluntary act. 4. Formal and solemn act. 5. Disposition of property. 6. An act mortis causa. 7. Revocable during testator’s lifetime. I. INHERITANCE
  • 11. CLASSIFICATION OF WILLS 1. ORDINARY OR NOTARIAL WILL – written will acknowledged before a notary public. Formalities: A. In writing B. Written in a language or dialect known to the testator C. Subscribed at the end by testator himself D. Attested and subscribed by 3 or more credible witnesses in the presence of the testator and one another. E. Each and every page must be signed on the left margin. I. INHERITANCE
  • 12. CLASSIFICATION OF WILLS Formalities: F. Must contain an Attestation Clause. If no attestation clause, the will is VOID. Attestation Clause is a memorandum or record of facts wherein the witnesses certify that the instrument has been executed before them, and that it has been executed in accordance with the formalities prescribed by law. G. Acknowledged before a notary public by the testator and the witnesses. I. INHERITANCE
  • 13. CLASSIFICATION OF WILLS 2. HOLOGRAPHIC WILL – one that is entirely written, dated and signed by the hand of the testator himself. Formalities: A. Entirely written by the hand of the testator himself B. Entirely dated by the hand of the testator himself C. Entirely signed by the hand of the testator himself D. Executed in a language or dialect known to the testator. NUNCUPATIVE WILL – an oral will. It is VOID. I. INHERITANCE
  • 14. CODICIL A supplement or addition to a will made after the execution of a will and annexed to be taken as part thereof, by which any disposition made in the original will is explained, added to or altered. It must be executed as in the case of a will. I. INHERITANCE
  • 15. PROBATE OF A WILL A special proceeding for establishing validity of the will. In probate, it must be proved that: A. The will is indeed the last will and testament of the testator. B. It has been executed in accordance with formalities prescribed by law. C. The testator had testamentary capacity at the time of execution of the will. Necessity of Probate: No will shall pass either real or personal property unless it is proved and allowed in accordance with Rules of Court. I. INHERITANCE
  • 16. 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 called compulsory heirs. I. INHERITANCE
  • 17. DISINHERITANCE – act of testator in depriving a compulsory heir of his legitime. Requisites: A. For a cause expressly stated by law. B. Effected through a valid will. C. Must be SPECIFIED in the will itself. D. Must be CERTAIN and TRUE E. Must be TOTAL F. Must be UNCONDITIONAL I. INHERITANCE
  • 18. Causes for Disinheritance of Children and Descendants. Child or Descendant A. Has been found guilty of an ATTEMPT against the life of the testator, his or her spouse, descendants or ascendants; B. Has ACCUSED the testator of a crime for which the law prescribes imprisonment for 6 years or more, if the accusation has been found GROUNDLESS; C. Has been convicted of ADULTERY or CONCUBINANGE with spouse of the testator. D. By FRAUD, VIOLENCE, INTIMIDATION OR UNDUE INFLUENCE causes the testator to make a will to change one already made. I. INHERITANCE
  • 19. Causes for Disinheritance of Children and Descendants E. REFUSAL without justifiable cause to SUPPORT the parent or ascendant. F. MALTREATMENT of the testator by word or deed. G. Leads a DISHONORABLE or DISGRACEFUL LIFE H. CONVICTION of a crime which carries with it the penalty of CIVIL INTERDICTION Causes for Disinheritance of Parents or Ascendants – see Art. 920 of the Civil Code Causes for Disinheritance of a Spouse – Art. 921 of the Civil Code I. INHERITANCE
  • 20. COMPULSORY HEIRS A. Legitimate children and descendants B. In absence of no. 1, legitimate parents and ascendants, (secondary compulsory heirs) C. Surviving spouse D. Illegitimate children Primary Compulsory Heirs – A Concurring Compulsory Heirs – C and D Secondary Compulsory Heirs – B I. INHERITANCE
  • 21. KINDS OF CHILDREN A. Legitimate children – born inside a valid marriage B. Illegitimate children – born outside a valid marriage or inside a void marriage C. Adopted children – by decree of adoption D. Legitimated children – conceived and born outside of wedlock of parents who subsequently entered into a valid marriage. (A, C and D have the same successional rights) I. INHERITANCE
  • 22. Table of Legitimes I. INHERITANCE Survivors Legitime 1. Any class alone ½ of the estate 2. One Legitimate child (LC) and Surviving Spouse (SS) LC – ½ SS – ¼ 3. Two or more LC and SS LC – ½ SS – Equal to that of each LC 4. LC, SS and Illegitimate Child (IC) LC – ½ SS – ¼ or equal to that each LC, as the case may be IC – ½ of that of each LC 5. Legitimate parents (LP) and SS or IC LP – ½ SS or IC – ¼ 6. LP, SS and IC LP – ½ SS – 1/8 IC – ¼ 7. SS and IC SS – 1/3 IC – 1/3
  • 23. DISPOSABLE FREE PORTION – Net Distributable Estate less Legitime of the Compulsory Heirs It can be given to ANYONE. WHAT IS BASIS TO DETERMINE THE LEGITIME? Net Distributable Estate (properties less liabilities at the time of death, But if there were donations made during the lifetime of the deceased, the same must be included. This process is known as COLLATION. I. INHERITANCE
  • 24. Problem 1: The testator is survived by spouse, a legitimate child and a legitimate parent. The net value of the estate is P1,000,000. Determine the respective legitimes of the compulsory heirs and the free portion. I. INHERITANCE
  • 25. Problem 1: Distribution: Legitime Legitimate Child P500,000 Spouse P250,000 Legitimate Parent P0 because of the presence of LC Free Portion P250,000 I. INHERITANCE
  • 26. Problem 2: The testator is survived by spouse, a legitimate child, and an illegitimate child. The net value of the estate is P1,000,000. Determine the respective legitimes of the compulsory heirs and the free portion. I. INHERITANCE
  • 27. Problem 2: Distribution: Legitime Legitimate Child P500,000 Spouse P250,000 Illegitimate Child P250,000 Free Portion P0 I. INHERITANCE
  • 28. Problem 3: The testator is survived by spouse, two legitimate children, and two illegitimate children. The net value of the estate is P1,000,000. Determine the respective legitimes of the compulsory heirs and the free portion. I. INHERITANCE
  • 29. Problem 3: Distribution: Legitime Legitimate Child A P250,000 Legitimate Child B P250,000 Spouse P250,000 Illegitimate Child A P125,000 Illegitimate Child B P125,000 Disposable Free Portion P0 I. INHERITANCE
  • 30. Problem 4: The testator is survived by spouse, one legitimate child, and two illegitimate children. The net value of the estate is P1,000,000. Determine the respective legitimes of the compulsory heirs and the free portion. I. INHERITANCE
  • 31. Problem 4: Distribution: Legitime Legitimate Child P500,000 Spouse P250,000 Illegitimate Child A P125,000 Illegitimate Child B P125,000 Disposable Free Portion P0 I. INHERITANCE
  • 32. Problem 5: The testator is survived by mother, spouse, four illegitimate children and uncle. The net value of the estate is P1,000,000. Determine the respective legitimes of the compulsory heirs and the free portion. I. INHERITANCE
  • 33. Problem 5: Distribution: Legitime Mother P500,000 Spouse P125,000 Illegitimate Child A P62,500 Illegitimate Child B P62,500 Illegitimate Child C P62,500 Illegitimate Child D P62,500 Uncle P0 Disposable Free Portion P125,000 I. INHERITANCE
  • 34. What is the status of the will if the share given to a compulsory heir is less than his legitime? Will is still VALID, but the compulsory heir can ask for the complete satisfaction of his legitime. I. INHERITANCE
  • 35. INTESTATE SUCCESSION ORDER OF INTESTATE SUCCESSION A. Legitimate children or descendants – always inherit despite the presence of others B. Legitimate parents or ascendants – will inherit in absence of legitimate children C. Illegitimate children or descendants – always inherit D. Surviving spouse – always inherit E. Brothers, sisters, nephews and nieces – will inherit if there are no LC, LP and IC. F. Other collateral relatives within the 5th degree, will inherit if there are no LC, LP, IC, SS and BSNN G. State – will inherit if there are no relatives within the 5th degree of consanguinity (ESCHEAT) I. INHERITANCE
  • 36. Intestate Succession Table I. INHERITANCE Survivors Share 1. Any class alone Whole estate 2. One Legitimate child (LC) and Surviving Spouse (SS) Satisfy their legitimes and then distribute the disposable portion in proportion to their respective legitimes 3. Two or more LC and SS Satisfy their legitimes and then distribute the disposable portion in proportion to their respective legitimes 4. LC, SS and Illegitimate Child (IC) Satisfy their legitimes and then distribute the disposable portion in proportion to their respective legitimes. 5. Legitimate Parents (LP) and SS or IC LP – ½ SS or IC – ½ 6. LP, SS and IC LP – ½ SS – ¼ IC – ¼ 7. SS and IC SS – ½ IC – ½ 8. SS and Brothers, Sisters, Nephews and Nieces (BSNN) SS – ½ BSNN – ½
  • 37. Problem 6: Decedent died intestate and was survived by a spouse, two legitimate children, and mother. The net value of the estate is P1,200,000. Distribute the estate of the decedent I. INHERITANCE
  • 38. Problem 6: Distribution: Legitime Add’l Share Total Legitimate Child A P300,000 P100,000 P400,000 Legitimate Child B P300,000 P100,000 P400,000 Spouse P300,000 P100,000 P400,000 Mother P0 I. INHERITANCE
  • 39. Problem 7: Decedent died intestate and was survived by a spouse, two illegitimate children, and mother. The net value of the estate is P1,200,000. Distribute the estate of the decedent I. INHERITANCE
  • 40. Problem 7: Distribution: Mother P600,000 Spouse P300,000 Illegitimate Child A P150,000 Illegitimate Child B P150,000 I. INHERITANCE
  • 41. Problem 8: Decedent died intestate and was survived by a great-grandfather, spouse, brother and sister. The net value of the estate is P1,200,000. Distribute the estate of the decedent I. INHERITANCE
  • 42. Problem 8: Distribution: Great-Grandfather P600,000 Spouse P600,000 Brother P0 Sister P0 I. INHERITANCE
  • 43. RULES PERTINENT TO INTESTATE SUCCESSION A. Preference between lines a. Direct descending line b. Direct ascending line c. Collateral line e.g. Legitimate Children exclude Legitimate Parents Legitimate Parents exclude Uncles and Aunts I. INHERITANCE
  • 44. RULES PERTINENT TO INTESTATE SUCCESSION B. Proximity Those nearest in degree exclude the more distant ones e.g. Legitimate Children exclude Legitimate Grandchildren Exception: REPRESENTATION – right 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. It takes place in: a. Direct descending line b. Collateral line, in favor of the children of brothers or sisters. Legitimate Parents exclude Legitimate Grandparents Uncles exclude First Cousins I. INHERITANCE
  • 45. RULES PERTINENT TO INTESTATE SUCCESSION C. Equal division Those of same degree shall inherit in equal shares. e.g. Legitimate Children will have the same share. MIXED SUCCESSION Occurs when there are: A. Omitted properties B. After-acquired properties Distribution Rules: A. Properties mentioned in the Will – Testamentary Succession B. Properties not mentioned – Intestate Succession I. INHERITANCE