1

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
CHARACTERISTICS OF SUCCESSION:
1. Mode of acquisition
2. The property, rights & obligations to the extent of the value of the inheritance
transmitted
3. The transmission takes place only by virtue of death
4. The transmission takes place either by will or by operation of law
5. The transmission to another
REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly
stated, time of vesting of the successional right):
1. Death of the decedent
2. Express will of the testator calling succession and/or provision of law prescribing
successors
3. Rights or properties are transmissible
4. Transferee is still alive (didnt predecease)
5. Transferee is capacitated to inherit
6. Acceptance of the inheritance by the successor
KINDS OF SUCCESSION:
1. Testamentary succession by will
2. Intestate succession in default of a will
3. Mixed
Treatment of accruals under the laws of succession:
1. a. Article 793 refers to accruals after the making of the will
b. Article 781 refers to accruals after the death of the testator
2. a. Article 793 accruals dont always pertain to the testate heirs
b. Article 781 accruals will always pertain to the testate heirs
Will 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.
Validity of wills
EXTRINSIC
1. Governing law as to time
2. Governing law as to place

INTRINSIC
1. Governing law as to time
2. Governing law as to place

FOR FILIPINOS
Article 795 law in force
when will was executed
Law of citizenship
Law of domicile
Law of residence
Law of place of execution
Philippine law

FOR FOREIGNERS
Same rule (assumption: will
is being probated here)
Law of citizenship
Law of domicile
Law of residence
Law of place of execution
Philippine law

FOR FILIPINOS
Article 2263 law at time
of death
Article 16, Article 1039
Philippine law

FOR FOREIGNERS
Article 16, Article 1039
depends on personal law
Article 16, Article 1039
national law

Testamentary Capacity
1. All persons not expressly prohibited by law
2. 18 years old and above
3. Sound mind
2 Kinds of Wills:
1. Notarial will Articles 804-806, & 807-808 in special cases
2. Holographic Articles 804 & 810

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Common requirements that apply to the 2 kinds of wills
1. In writing
2. In a language or dialect known to the testator
REQUISITES FOR VALID NOTARIAL WILL:
1. In writing
2. Executed in a language or dialect known to the testator
3. Subscribed by the testator himself or by the testators name written by some
other person in his presence & under his express direction at the end thereof, at
the presence of witnesses
4. Attested & subscribed by at least 3 credible witnesses in the presence of the
testator and of one another
5. Each & every page must be signed by the testator or by the person requested by
him to write is name, & by instrumental witnesses in the presence of each other,
on the left margin
6. Each & every page of the will must be numbered correlatively in letters placed on
the upper part of each page
7. Must contain an attestation clause, stating the following:
a. The number of pages of the will
b. Fact that the testator signed the will & every page in the presence of
witnesses, or caused some other person to write his name under his
express direction
c. All witnesses signed the will & every page thereof in the presence of the
testator & of one another
8. Must be acknowledged before a notary public
Additional requisite if deaf or mute:
Must either:
1. Read will personally, if able to do so;
2. Otherwise, he shall designate 2 persons to read it & communicate to him the
contents
Additional requisite if blind:
Will shall be read to him twice:
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom it is acknowledged
REQUISITES OF HOLOGRAPHIC WILL:
1. In writing
2. Executed in a language or dialect known to the testator
3. Entirely written, dated & signed by the hand of the testator himself
AMENDING A WILL:
1. Notarial will can only be amended through a codicil
2. Holographic will can be amended in 3 ways:
a. Dispositions may be added below the signature, PROVIDED that said
dispositions are also dated & signed & everything is written by the hand
of the testator himself
b. Certain dispositions or additional matter may be suppressed or inserted
PROVIDED that sad cancellation is signed by the testator & is written by
the testator himself (no need to be detailed)
c. Executing a codicil which may either be notarial or holographic
Effect of cancellation, addition insertion), or erasure on the validity of the will
1. If made by the hand of the testator & authenticated by him: alters the will without
affecting its validity
2. If made by the hand of the testator but was not authenticated by him: deemed as
if not written at all
3. If made by testator but not handwritten: entire will is nullified

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
4. By a stranger & the testator has authenticated the same: entire will is nullified
5. Made by a stranger but not authenticated by the testator: deemed as if not
written at all
What is a codicil?
It is a supplementary or addition to a will, made after the execution of the will &
annexed to be taken as part by which any disposition in the original will may be
explained, added to or altered.
Qualifications of a witness and a testator:
WITNESS
1. At least 18 years old
2. Physically fit (not deaf, dumb, blind)
3. Literate, able to read and write
4. No prior conviction for perjury/false
testimony/falsification
5. Not the notary public before whom
the will is acknowledged
6. Sound mind
7. Domiciled in the Philippines

1.
2.
3.
4.

TESTATOR
Same
May be blind, deaf or deaf-mute
No literacy requirement
No such requirement

5. No such requirement
6. Same
7. No such requirement

REVOCATION OF A WILL:
1. By implication of law
2. By the execution of a documentation with all the requisites of a will
3. By the physical act of destruction coupled with the intent to revoke
PROBATE It is a the special proceeding by which the validity of a will maybe
established
Matters to be proved in a probate:
1. Whether the instrument which is offered for probate is the last will and testament
of the decedent
2. Whether the will has been executed in accordance with the formalities prescribed
by law
3. Whether the testator had testamentary capacity at the time of the execution of
the will
GROUNDS FOR DISALLOWANCE OF A WILL:
1. The testator did not possess testamentary capacity at the time of execution
2. The testator failed to comply with prescribed formalities
3. The execution of the will is attended by a vice of consent
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
Requisites for a valid institution of heir:
1. Designation in will of person/s to succeed
2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
3 principles in the institution of heirs:
1. Equality: heirs who are instructed without a designation of shares inherit in equal
parts
2. Individuality: heirs collectively instituted are deemed individually named unless
contrary intent is proven

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
3. Simultaneity: when several heirs are instituted, they are instituted simultaneously
& not successively
Rules regarding a persons right to dispose of his estate:
1. If one has no compulsory heirs:
a. He can give his estate to any person qualified to inherit under him
b. However, he must respect restrictions imposed by special laws
2. If one has compulsory heirs:
a. He can give only the disposable portion to strangers
b. Legitimes of compulsory heirs must be respected
PRETERITION:
1. There must be an omission of one, some or all of the heir/s in the will
2. The omission must be that of a COMPULSORY HEIR
3. Compulsory heir omitted must be of the DIRECT LINE
4. The omitted compulsory heir must be LIVING at the time of testators death or
must at least have been CONCEIVED before the testators death
Effects of preterition:
1. The institution of heirs is annulled
2. Devises & legacies shall remain valid as long as they arent officious
DISINHERITANCE It is the act by which the testator, for just cause, deprives a
compulsory heir of his right to the legitime.
Preterition vs. Disinheritance
DISINHERITANCE
Express deprivation of legitime
Always voluntary

PRETERITION
Tacit deprivation of legitime
May also be voluntary but is presumed to
be involuntary (as its an omission to
mention as an heir or though mentioned,
isnt instituted as an heir)
Presumed by law to be a mere oversight
Compulsory heir is merely restored to his
legitime

Legal cause is present

Even a compulsory heir may be totally
excluded

Requisites for a valid disinheritance

1. Heir disinherited must be designated by name or in such a manner as to leave no
room for doubt as to who it is intended
2. Disinheritance must be for a cause designated by law
3. It must be made in valid will
4. It must be made expressly, stating the cause in the will itself
5. Cause must be certain & true, & must be proved by interested heirs if the person
disinherited should deny it
6. It must unconditional
7. Must be total
Summary of causes of disinheritance
GROUNDS FOR
CHILDREN/
PARENTS/
DISINHERITANCE
DESCENDAN ASCENDANT
1 Guilty/convicted of attempt
against life of testator/
spouse/ ascendant/
descendant

TS

SPOUSE

UNWORTHIN
ESS

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
GROUNDS FOR
DISINHERITANCE

2 Accused testator/
decedent of crime
punishable by
imprisonment of more than
6 years, found groundless,
false
3 Causes testator/ decedent
to make will or change one
by fraud, violence,
intimidation, or undue
influence
4 Unjustified refusal to
support testator
5 Convicted of adultery or
concubinage with spouse
of testator / decedent
6 Maltreatment of testator by
word & deed
7 Leading a dishonorable or
disgraceful life
8 Conviction of crime which
carries penalty of civil
interdiction
9 Abandonment of children
or inducing children to live
corrupt and immoral life or
attempted against virtue
10 Loss of parental authority
11 Attempt by one parent
against life of the other
UNLESS theres
reconciliation between
parents
12 Spouses given cause for
legal separation
13 Failure to report violent
death of decedent within 1
month, unless authorities
have already taken action
14 Force, violence,
intimidation or undue
influence to prevent
another from making a will
or revoking one already
made or who supplants or
alters the latters will
15 Falsifies or forges a
supposed will of the
decedent

CHILDREN/
DESCENDA

SPOUSE

NTS

PARENTS/
ASCENDANT
S

UNWORTHIN

ESS

*
*
*

*
*

Causes of vacancy in succession:

1. The testator creates it himself disinheritance
2. The does something repudiates
3. Something happens to the heir incapacitated / predecease

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
How are vacancies filled:
1. Substitution
2. Representation
3. Accretion
Classes of substitution
1. Singular or vulgar substitution
a. Simple
b. Brief
c. Compendious
d. Reciprocal
2. Fideicommissary Substitution
FIDEICOMMISSARY SUBSTITUTION A substitution is a fideicommissary substitution
if the testator institutes an heir with an obligation to deliver to another the property
so inherited. The heir instituted to such condition is called the first heir or fiduciary
heir, the one to receive the property is the fideicommissary or second heir.
Requisites of a fideicommissary substitution:
1. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited
2. A 2nd heir or fideicommissary substitute
3. An obligation clearly imposed on the fiduciary to preserve & transmit the property
to a fideicommissary substitute
4. The substitution doesnt go beyond the 1st degree of the fiduciary
5. The fideicommissary substitution is made expressly
6. Both the fiduciary & the fideicommissary substitute are living or at least
conceived at the time of the death of the testator
7. The fideicommissary substitution is imposed on the free portion of the estate &
not on the legitime
LEGITIME - It is that part of the testators property which he cannot dispose of
because the law has reserved it for certain heirs called compulsory heirs.
Different classes of heirs:
1. Voluntary heirs succeed by virtue of a will
2. Legal or intestate heirs succeed by operation of law in the absence of a will
3. Compulsory heirs succeed because the law reserved for them
Classes Compulsory Heirs:
1. Primary
a. Legitimate children & their descendants (legitimate)
b. Surviving spouse (legitimate)
c. Illegitimate children & their descendants (legitimate or illegitimate)
2. Secondary
a. Legitimate parents & ascendants (legitimate) inherit only in default of 1a
b. Illegitimate parents (no other ascendants) inherit only in default of 1a &
1c
Summary of legitimes of compulsory heirs:
SURVIVING
LEGITIMATE
SURVIVING
RELATIVES
CHILDREN &
SPOUSE
DESCENDANTS

Legitimate
children alone
1 legitimate child
surviving spouse

(divided
by the # of
children)

ILLEGITIMATE
CHILDREN

LEGITIMATE
PARENTS &
ASCENDANTS

ILLEGITIMATE
PARENTS

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
SURVIVING
RELATIVES

Legitimate
children
Surviving spouse
Legitimate
children
Illegitimate
children
1 legitimate child
surviving spouse
illegitimate
children
2 or more
legitimate
children
surviving spouse
Illegitimate
children
Legitimate
parents alone
Legitimate
parents
Illegitimate
children
Legitimate
parents
Surviving spouse
Legitimate
parents
Surviving spouse
Illegitimate
children
Illegitimate
children alone
Illegitimate
children
Surviving spouse
Surviving spouse
alone
Illegitimate
parents alone
Illegitimate
parents
Surviving spouse

LEGITIMATE
CHILDREN &
DESCENDANTS

SURVIVING

ILLEGITIMATE

SPOUSE

CHILDREN

(divided
by no. of
children)

Same as the
share @
legit child

of the
share of @
legit child

(divided
by no. of
children)

Same as the
share of @
legit child

of the
share of @
legit child

LEGITIMATE
PARENTS &

ILLEGITIMATE
PARENTS

ASCENDANTS

of the
share of @
legit child

1/8

1/3

(divided
by no. of
children)
1/3 (divided
by no. of
children)

or 1/3 if
marriage in
articulo
mortis

Remedy of compulsory heir in case of impairment of legitime:

1. If the impairment is total them there may be preterition if the compulsory heir
preterited is either an ascendant or descendant. Article 854 would come into play
(annulment of institution of heir & reduction of devises and legacies)
2. If the impairment is partial, then the compulsory heirs is entitled to completion of
legitime under Article 906
3. If the impairment is thru donation, then remedy is collation.

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
RESERVA TRONCAL It is that part of the decedents property that an ascendant, who
inherits by operation of law from his descendants which the latter may have acquired by
gratuitous title from another ascendant or sibling, is obliged by law to reserve such
property for the benefit of 3rd degree relatives who belong to the line from which the
property which otherwise will go to certain specific heirs but which law reserves to
certain predetermined heirs.
Order of payment in case estate is INSUFFICIENT to cover legacies & devises
1. Remuneratory legacies or devises
2. Preferential legacies or devises declared by testator
3. Legacies for Support
4. Legacies for Education
5. Legacies or devises for Specific, determinate thing
6. All others, pro-rata
Causes for legal or intestate succession
1. Person dies without a will
2. Person dies with void will
3. Person dies with a will that subsequently loses validity
4. Will doesnt institute an heir or institution is void
5. Will doesnt dispose of ALL property belonging to the testator
6. Suspensive condition attached to the institution of the heir doesnt happen or isnt
fulfilled
7. Heir predeceases, or repudiates the inheritance
8. Incapacity of the heir
2 fundamental underlying principles in legal or intestate succession
1. Rule of Proximity nearer exclude the more remote
2. Rule of Equal Division equal division within the same group
Grounds when the right of representation will be available:
1. Disinheritance
2. Incapacity
3. Predecease
Who can exercise right of representation
1. Intestate succession only: heirs in the collateral line, but only in favor of the
children of siblings
2. Both testate & intestate succession: heirs in the descending line, NEVER in the
ascending line
Order of Intestate succession
adopted child
LEGITIMATE CHILD
1 Legitimate child and
legitimate descendants
2 Legitimate parents &
legitimate ascendants
3 Illegitimate children & left
or illegitimate
descendants
4 Surviving spouse
5 Legitimate siblings,
nephews, nieces
6 Legitimate collateral
relatives
7 State

of a legitimate child, an illegitimate child and an

ILLEGITIMATE CHILD
legitimate child &
legitimate descendants
illegitimate children &
legitimate or illegitimate
descendants
illegitimate parents

surviving spouse
illegitimate siblings,
nephews, nieces
State

ADOPTED CHILD
legitimate child &
legitimate descendants
illegitimate children &
legitimate or illegitimate
descendants
legitimate or illegitimate
parents & legitimate
ascendants, adoptive
parents
surviving spouse
siblings, nephews, nieces
State

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Order of succession & concurrence in intestate succession
INTESTATE HEIR
EXCLUDES
EXCLUDED BY
Legitimate children
Ascendants,
No one
& Legitimate
collaterals & state
descendants
Illegitimate children
Illegitimate parents,
No one
& Descendants
collaterals & state
Legitimate parents &
legitimate
descendants
Illegitimate parents

Collaterals & state

Legitimate children

Collaterals & state

Surviving spouse

Collaterals other
than siblings,
nephews and nieces

Legitimate children
& illegitimate
children
No one

Siblings, nephews
nieces

All other collaterals

& state

Other collaterals
within 5th degree

Collateral remoter in
degree & state

State

No one

Legitimate children,
illegitimate children,
Legitimate parents &
illegitimate parents
Legitimate children
Illegitimate children
Legitimate parents
Illegitimate parents
&
Surviving spouse
Everyone

CONCURS WITH
Surviving spouse
Illegitimate children
Surviving spouse
Legitimate children
& legitimate parents
Illegitimate children
& surviving spouse
Surviving spouse
Legitimate children
Illegitimate children
Legitimate parents &
Illegitimate parents
Surviving spouse

Collaterals in the
same degree

No one

Summary of intestate shares:

1. Legitimate children & legitimate descendants alone
INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate children

TOTAL

TOTAL INTESTATE
SHARE
1
1

2. One legitimate child and surviving spouse

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate child

Surviving spouse

TOTAL

TOTAL INTESTATE
SHARE

3. Legitimate children & surviving spouse

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate children

Remaining portion of
estate after paying

Surviving spouse

Same as share of @
legitimate child

TOTAL

Varies on no. of

Legitimes to be
divided equally
between total no. of
children plus the
surviving spouse
Varies on no. of

TOTAL INTESTATE
SHARE
Whole estate divided
equally between total
number of children
plus the surviving
spouse
No. of children plus
the surviving spouse

10

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
children

children

4. Legitimate children & illegitimate children

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
TOTAL INTESTATE
DISPOSAL
SHARE
Legitimate children

Remaining portion of Whole estate divided

estate after paying
by the ration of 2 for
each legitimate child
Illegitimate children
share of @
Legitimes to be
1 for @ illegitimate
legitimate child
divided by the ration
child provided that
of 2 for @ legitimate legitimes wouldnt be
child, 1 for @
impaired
illegitimate child
TOTAL
Varies on no. of
Varies on no. of
children
children
5. One legitimate child, illegitimate children, & surviving spouse
INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
TOTAL INTESTATE
DISPOSAL
SHARE
Legitimate child

Remaining portion of Whole estate divided

estate after paying
by the ratio of 2 @
legitimes to be
legitimate child
divided by the ration
of 2 for @ legitimate
child, 1 for @
illegitimate child
Illegitimate child
share of @
1 for @ illegitimate
1 for @ illegitimate
legitimate child
child
child
Surviving spouse

& 2 for the surviving

Legitimes wouldnt
spouse
be impaired
TOTAL
Varies depending on Varies depending on
1
no. of illegitimate
no. of illegitimate
children
children
6. Legitimate children, illegitimate children & surviving spouse
INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
TOTAL INTESTATE
DISPOSAL
SHARE
Legitimate children

Remaining portion of Whole estate divided

estate, if any after
by the ratio of 2 for
paring legitimes to
@ legitimate child
be divided by the
ratio of 2 for @
legitimate child
Illegitimate children
share of @ legit
1 for @ illegitimate
1 for @ illegitimate
child
child
child
Surviving spouse

& 2 for the surviving & 2 for the surviving

spouse
spouse provided that
legitimes wont be
impaired
TOTAL
Varies depending on Varies depending on
1
no. of illegitimate
no. of illegitimate
children
children
7. Legitimate parents alone
INTESTATE HEIR
SHARE AS LEGITIME
Legitimate parents
TOTAL

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1
1

11

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
8. Legitimate parents & illegitimate children
INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate parents

Illegitimate children

TOTAL

TOTAL INTESTATE
SHARE

9. Legitimate parents & surviving spouse

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Legitimate parents

Surviving spouse
1/8
1/8
TOTAL

TOTAL INTESTATE
SHARE

10. Legitimate parents, surviving spouse & illegitimate children

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
TOTAL INTESTATE
DISPOSAL
SHARE
Illegitimate children
1/3
1/6

Surviving spouse
1/8
1/8

Illegitimate children
1/4

TOTAL
7/8
1/8
1
11. Illegitimate children alone
INTESTATE HEIR
SHARE AS LEGITIME
Illegitimate children
alone
TOTAL

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

12. Illegitimate children & surviving spouse

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Illegitimate children
1/3
1/6
Surviving spouse
1/3
1/6
TOTAL
2/3
1/3
13. Surviving spouse
INTESTATE HEIR
SHARE AS LEGITIME
Surviving spouse
TOTAL

or 1/3
or 1/3

14. Illegitimate parents alone

INTESTATE HEIR
SHARE AS LEGITIME
Illegitimate children

TOTAL INTESTATE
SHARE

SHARE AS FREE
DISPOSAL
or 1/3
or 1/3

TOTAL INTESTATE
SHARE
1
1

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

15. Illegitimate parents & surviving spouse

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Illegitimate parents

Surviving spouse

TOTAL

TOTAL INTESTATE
SHARE

12

C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
16. Siblings, nephews & nieces alone
INTESTATE HEIR
SHARE AS LEGITIME
Siblings, nephews,
nieces
TOTAL

SHARE AS FREE
DISPOSAL

TOTAL INTESTATE
SHARE
1

17. Surviving spouse, siblings, nephews & nieces

INTESTATE HEIR
SHARE AS LEGITIME
SHARE AS FREE
DISPOSAL
Surviving spouse

Siblings, nephews,

nieces
TOTAL

TOTAL INTESTATE
SHARE

Requisites for accretion to take place:

1. Unity of object
2. Plurality of heirs
3. Some of the heirs cannot or are disqualified to accept (R.I.P)
4. Others are accepting &
5. There has been earmarking
Incapacity to succeed because of possible undue influence
1. Priest who heard confession during last illness & his relatives with thin the 4 th
degree & the order, chapter, etc., to which the priest belongs
2. Guardian before final accounts have been approved EXCEPT if an ascendant,
descendant, sibling, spouse
3. Attesting witness to execution of will & their spouses, parents, children or any
one claiming under them
4. Physician, surgeon, nurse who took care of testator during his last illness
5. Individuals, associations, corporations not permitted by law to inherit
Validity and Effect of Legacy/Devise
Thing owned in part by General Rule: Conveys only interest or part owned by testator
testator (Article 929)
Exception: if testator otherwise provides
a. He may convey more than what he owns - the state shld try to
acquire the part or interest owned by other parties. If other
parties are unwilling to alienate, the estate should give the
legatee/devisee the monetary equivalent (analogy with Article
931)
b. He may convey less than what he owns (Article 794)
Thing owned by another General Rule:
(Articles 930-931)
a. If testator ordered acquisition of the thing - the order should be
complied with. If the owner is unwilling to part with the thing,
the legatee/devisee should be given the monetary equivalent
b. If testator erroneously believed that the thing belonged to him legacy/device is void
Exception: if testator acquire the thing onerously or
gratuitously after making of the disposition, disposition is
validated
c. If testator knew that the thing
order its acquisition - code
considered valid (Balane &
order to acquire & doubts
intestacy

did not belong to him but did not

is silent but disposition shld be
Tolentino) - there is an implied
must be resolved in favor of

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C I V I L L AW ( S U C C E S S I O N )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Thing already owned to
the
legatee/devisee
(Articles 932-933)

a. If thing already belonged to legatee/devisee at time of

execution of will legacy/devise is void
b. If thing was owned by another person at time of making the will
and thereafter it is acquired by legatee/devisee
1. If testator erroneously believed that he owned the thing
legacy /devise is void
2. If testator was not in error i.

If thing was acquired onerously by L/D L/D

entitled to be reimbursed
ii. If thing was acquired gratuitously by L/D
nothing is due
iii. If thing was owned by testator at time will was
made and L/D acquired the thing from him
thereafter law is silent (Balane: deemed
revoked)
Legacy/Devise to remove Valid, if the encumbrance can be removed for a consideration
an encumbrance over a
thing belonging to testator
(Article 932 par 2)
Legacy/Devise of a thing The encumbrance must be removed by paying the debt unless the
pledged or mortgaged testator intended otherwise
(Article 934)
COLLATION - To 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 adverse from the inheritance. It is the act by virtue of
which, the persons who concur in the inheritance bring back to the common
hereditary mass the property which they have received from him, so that a division
may be effected according to law & the will of the testator.
Important periods to remember:
1 month or less before making a will
20 years
5 years from delivery to the State
1 month
5 years from the time disqualified person
took possession
30 days from issuance of order of
distribution
1 month form written notice of sale
10 years
5 years from partition
4 years form partition

Testator, if publicly known to be insane,

burden of proof is on the one claiming
validity of the will
Maximum period testator can prohibit
alienation of dispositions
To claim property escheated to the State
To report knowledge of violent death of
decedent lest he be considered unworthy
Action for declaration of incapacity & for
recovery of the inheritance, devise or
legacy
Must
signify
acceptance/repudiation
otherwise, deemed accepted
Right to repurchase hereditary rights sold
to a stranger by a co-heir
To enforce warranty of title/quality of
property adjudicated to co-heir from the
time right of action accrues
To enforce warranty of solvency of debtor
of the estate at the time partition is made
Action for rescission of partition on account
of lesion