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    Succession Notes Pt. 1

    Uploaded by

    Laurice Pocais
    This document discusses Philippine law on succession and inheritance. It defines key terms like inheritance, estate, heir, and testator. The main points covered are: 1. Succession involves the transmission of a decedent's property, rights, and obligations to their heirs. Intestate succession occurs without a will, while testate succession follows the decedent's will. 2. An inheritance includes all that a person owns which does not cease at death, like property and certain rights/obligations. Compulsory heirs like children are guaranteed a legitimate portion. 3. For an absentee presumed dead, the period is 10 years of unexplained absence normally, or 5 years if over age 75,

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    © All Rights Reserved
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    Succession Notes Pt. 1

    Uploaded by

    Laurice Pocais
    106 views3 pages
    This document discusses Philippine law on succession and inheritance. It defines key terms like inheritance, estate, heir, and testator. The main points covered are: 1. Succession involves the transmission of a decedent's property, rights, and obligations to their heirs. Intestate succession occurs without a will, while testate succession follows the decedent's will. 2. An inheritance includes all that a person owns which does not cease at death, like property and certain rights/obligations. Compulsory heirs like children are guaranteed a legitimate portion. 3. For an absentee presumed dead, the period is 10 years of unexplained absence normally, or 5 years if over age 75,

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    notes on succession

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    This document discusses Philippine law on succession and inheritance. It defines key terms like inheritance, estate, heir, and testator. The main points covered are: 1. Succession involves the transmission of a decedent's property, rights, and obligations to their heirs. Intestate succession occurs without a will, while testate succession follows the decedent's will. 2. An inheritance includes all that a person owns which does not cease at death, like property and certain rights/obligations. Compulsory heirs like children are guaranteed a legitimate portion. 3. For an absentee presumed dead, the period is 10 years of unexplained absence normally, or 5 years if over age 75,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    106 views3 pages

    Succession Notes Pt. 1

    Uploaded by

    Laurice Pocais
    This document discusses Philippine law on succession and inheritance. It defines key terms like inheritance, estate, heir, and testator. The main points covered are: 1. Succession involves the transmission of a decedent's property, rights, and obligations to their heirs. Intestate succession occurs without a will, while testate succession follows the decedent's will. 2. An inheritance includes all that a person owns which does not cease at death, like property and certain rights/obligations. Compulsory heirs like children are guaranteed a legitimate portion. 3. For an absentee presumed dead, the period is 10 years of unexplained absence normally, or 5 years if over age 75,

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 3

    LAW ON SUCCESSION

    INTRODUCTION
    E-commerce act non discrimination rule
    - contracts can now be in electronic form

    When there is conflict between the civil code


    and the e-commerce law, whether a will should
    be in writing reconcile the 2
    Who are legitimate and illegitimate children?
    An illegitimate child does not have the
    same right as the legitimate child
    (compulsory heir)
    Introduced by Spain to protect the
    institution of marriage and encourage
    legitimate relationships

    Succession is all about the basic rules of inheritance


    how it is understood under Philippine context.
    To succeed to replace or substitute a person of his
    rights and obligations.
    What is being transferred? The inheritance.
    INHERITANCE
    Art. 776. The inheritance includes all the property,
    rights and obligations of a person which are not
    extinguished by his death.
    - therefore transmissible to his heirs
    Components of an inheritance
    - not limited to tangible things (kahit ano pwedeng
    ipamana)
    - once aspect of succession: there should be
    acceptance you cannot be compelled to accept an
    inheritance
    - property, rights and obligations
    Obligations and rights
    Qualification: not otherwise extinguished by death
    Eg. Obligation extinguished by death Criminal liability
    Right extinguished by death Marital consortium
    Property
    - whether real or personal
    - all things which are the object of appropriation
    Concept of ownership and possession
    a. Possession holding of the thing and enjoyment of a
    right
    b. Ownership element of dominion
    you must have control over the thing
    (includes disposal and transmission)
    Succession is more concerned with ownership than
    possession. It involves acquiring ownership and not
    merely possession.
    Different modes of acquiring ownership (Art.
    712)
    1. Occupation
    2. Intellectual creation
    3. Donation
    4. Consequence of contracts (contract of sale)
    5. Tradition
    6. Prescription
    7. Testate and intestate succession mode of
    transmission of inheritance
    Inheritance the one being transferred or transmitted
    Inheritance is used interchangeably with estate.

    Estate
    - degree, quantity, nature, and extent which a person
    has in real and personal properties
    - should not be confused with inheritance because
    estate pertains to real and personal properties while
    inheritance also covers rights and obligations
    BASES OF SUCCESSION
    - justifications why we have the law on succession
    1. Pater Familias
    - head of the family
    - romans believed that if you are the head of the
    family, it is your responsibility even until death to
    provide for the family (amass wealth)
    2. Extension of the right of ownership
    - having a right to control the disposition of his
    property because he worked hard for it
    3. Act of love among family members
    4. Promotes economic growth
    - by preventing properties from being stagnant
    useless upon the death of the owner
    - degree of continuity of ownership
    5. Satisfies a persons yearning for immortality
    - for remembrance (to be remembered after death)
    - to leave a legacy to family members
    Legal definition of succession
    Art. 774. Succession 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 his will or by operation of law.
    - succession is a mode of acquisition (process of
    transmission of ownership and inheritance)
    - sufficient to vest ownership to another person (it can
    exist on its own without guidance of other mode of
    acquisition)
    Who will transmit the inheritance?
    Art. 775. 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.
    Decedent general term applied to the person whose
    property is applied thru succession whether or not he
    left a will
    Testate succession with will (Testator)
    Intestate succession without will (Intestate)
    Who will receive the inheritance?
    Heir term applies to both testate and intestate
    succession (by will or by law)
    Testate voluntary or testamentary heir
    Testamentary Succession
    1. Devises receiver of devise (devisee)
    2. Legatis receiver of legacy (legatee)
    Devise specific gift of real property
    Legacy specific gift of personal property
    Intestate Succession
    Legal or Intestate heir specific person that can be
    a party in both testate and intestate succession
    Compulsory heirs law itself reserves a certain part
    of inheritance for the receiver because of special
    relationship with decadent

    - eg. children and surviving spouse


    Legitimes reserved property or portion cannot be
    prejudiced by decedent
    What will be transmitted?
    (Art. 776) Inheritance: property, rights and obligations
    of decedent which are not extinguished by his death
    (subject of transmission)
    Primacy of the will
    - preference is given to testate succession rather than
    intestate succession
    - testator can choose whoever he wants to inherit his
    property (not absolute, tempered by the law) testator
    must reserve a portion for his compulsory heirs
    (legitime)
    Free portion
    - may be disposed of by testator
    - of the property is considered as the legitime
    (standard but depending on circumstances)
    - legitimate children of testator automatically get
    reserved for them
    Death
    - most important fact for succession to happen but
    process of transfer happens during decedents lifetime
    - without this there is no consummation of succession
    - cessation of life itself failure of all known bodily
    functions and systems
    No such thing as temporary death (out-of-body
    experience) the law demands total death
    Ordinary Death vs Extraordinary Death
    1. Ordinary Death
    - Actual death
    - there is actual confirmation that the person died
    - there is evidence of death (proof)
    2. Extraordinary Death
    - Presumptive death
    Art. 390. After an absence of seven years, it being
    unknown whether or not the absentee still lives, he
    shall be presumed dead for all purposes, except for
    those of succession.
    The absentee shall not be presumed dead for the
    purpose of opening his succession till after an absence
    of ten years. If he disappeared after the age of
    seventy-five years, an absence of five years shall be
    sufficient in order that his succession may be opened.
    10 years absence sufficient for the purpose of
    opening his succession
    5 years of absence sufficient if the person is 75
    years or older
    Art. 391. Extraordinary Absence
    1. Lost vessel/plane 4 years since the loss
    2. Armed forces who has taken part in war 4 years
    missing
    3. Danger of death and existence has not been known
    for 4 years
    When shall the absentee be considered dead?
    Ordinary absence time of disappearance or at the
    end of the 10-year period? After the expiration of the
    10-year period.

    Extraordinary absence the moment to consider the


    persons death is the first day of the persons
    disappearance
    ELEMENTS OF SUCCESSION
    1. Subjective element
    - decedent and the heir
    - the one who will transmit and the recipient
    2. Objective element
    - inheritance
    - property, rights, and obligations to be transferred
    3. Identity of Objects
    - from the decedent, the same rights, property, and
    obligations are transmitted to the heir
    - since decedent can only transfer his own property
    4. Change of Subjects
    - transmission of property, rights, and obligations to
    the heir
    - owner changes from decedent to heir
    KINDS OF SUCCESSION
    1. Moment of transmission
    a. Mortis causa
    - succession by reason of death
    b. Inter vivos
    - during lifetime of person
    - donation made during lifetime
    succession per se, but donation)

    (not

    called

    2. Extent of rights involved


    a. Universal
    - if the particular area which is the subject of the
    inheritance is not specified
    - eg. I will give my son all of my properties.
    I will give my son of the property.
    - could be the whole or just a portion as long as the
    property is not specified
    - Succession by Universal Title
    b. Particular
    - property is specified/described in a particular
    manner
    - eg. I will give my son the red Ferrari with plate no.
    ABC123.
    3. As to cause
    a. Compulsory succession
    - concept of compulsory heirs and legitime
    b. Testamentary succession
    - by reason of a will, whether notarial or
    holographic
    c. Intestate/legal succession
    - no will
    d. Mixed
    - succession happens partly by will and partly by
    operation of law (Art. 780)
    Is there such a thing as contractual
    succession?
    - before: pre-nuptial agreement
    - agreement on how the properties shall be distributed
    at time of death may be agreed upon by the spouses
    but this was not carried over to the family code
    RULES ON SURVIVORSHIP
    Rule 131. Par. JJ and KK
    Rules on survivorship can be treated as rule of
    evidence
    1. below 15 years the older one is presumed to have
    perished
    2. above 60 years the younger one is presumed to
    have survived

    3. below 15 and above 60 person below 15 is


    presumed to have survived
    4. below 15 and above 60 but different sexes the
    male is presumed to have survived
    5. person above 15 but below 60 and the other is
    between those ages, the latter is presumed to have
    survived
    WE DO NOT APPLY RULE ON SURVIVORSHIP AS
    FAR AS SUCCESSION IS CONCERNED.
    - Par. KK. The one who alleges must present evidence
    to prove who died first.
    - If there is no evidence, presumption is that they died
    at the same time
    What is the implication if we presume that the
    persons died at the same time?
    - if 2 persons died at the same time and they are
    supposed to succeed each other (eg. father and son),
    succession will not take place because succession is an
    act of transmission
    What will happen to the properties?
    - the state will be the beneficiary
    PARITES TO A SUCCESSION
    Decedent person who will transmit his property
    whether or not there is a will (through succession)
    a. Testate Testator/Testatrix
    b. Intestate Intestate
    Successor/Heir
    a.
    Testate

    Voluntary
    heir/testamentary
    (devisee/legatee)
    b. Intestate Intestate heir/legal heir
    Compulsory heir
    - entitled to the legitime
    - those who succeed to a portion (legitime)
    Legitime law provides a specific portion that cannot
    be taken away or impaired by the decedent unless
    there is disinheritance under valid causes
    Dual State of an Heir
    - applies only in testate succession (if there is a will)
    Eg.
    A decedent (father)
    B compulsory heir (son) only surviving heir
    Estate 1 million pesos
    How much will be inherited?
    What kind of succession is involved? first thing to
    consider
    > depending if there is a will:
    If no will all will go to B (1 million will
    represent the legitime of the son)
    With will dependent on the provisions of the
    will (the law will only reserve for the
    compulsory heir)
    B, as compulsory heir, is entitled to 500k, if his father
    added 250k to his inheritance, he becomes a
    compulsory heir as far as the 500k is concerned and a
    voluntary/testamentary heir as far as the free portion is
    concerned (dual status).
    Legitimate children always reserve of the total
    assets/ estate, the other half will be considered as the
    free portion
    Can you add to the legitime?

    - it will be up to the testator to divide the free portion


    and give it to whoever he wants (except those
    prohibited by the law eg. mistresses)

    How
    will
    you
    distinguish
    voluntary/testamentary heir to legatees and
    devisees?
    Art. 854. The 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.
    If the omitted compulsory heirs should die before the
    testator, the institution shall be effectual, without
    prejudice to the right of representation.
    Preterition
    - omission of one of the compulsory heirs
    - it will totally annul the institution of the heir
    - considered valid as long as they are not inofficious
    (impair inheritance/legitime of compulsory heirs)
    I give my son, B, of my estate amounting to 1
    million pesos universal but not valid since of the
    estate impair the legitime
    Intestate succession heir always succeeds by way
    of universal title
    Particular title specify the property (itemize)
    > testate succession because it is the decedent who
    will specify the property
    OBJECTS OF SUCCESSION
    - properties, rights, and obligations of the decedent
    which are not extinguished by death
    - can be transferred but is not an absolute rule
    General Rule: All properties, rights, and obligations
    are transferrable unless included in the exceptions
    Exceptions: (Art. 1311)
    1. Strictly personal acts
    2. Rights and obligations that are not transmissible by
    stipulation
    3. Rights and obligations that are not transmissible by
    operation of law
    Exceptions to the objects of succession:
    1. Strictly personal acts
    - eg. membership in the bar and right of consortium
    with your wife
    a. Matters relating to family relations
    - parental authority
    - right to institute an action for annulment
    b. Public law
    - right to vote
    - right to run for public office
    c. Personal skills or qualifications
    d. Criminal responsibility
    - extinguished upon death
    Can civil liability be extinguished? If so, can
    the heirs inherit civil liability?
    -

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