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    Predecease), Willing (No Repudiation) and Is Capacitated To Inherit

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    Teresa Burgos
    The document summarizes succession laws in the Philippines. It discusses different processes for partitioning an estate depending on whether the deceased had pending obligations. It also outlines the requisites for succession including death of the decedent, transmissible/descendible rights and properties, and the transferee being alive and capable of inheriting. The effects of acceptance or repudiation by an heir are also summarized.

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    Predecease), Willing (No Repudiation) and Is Capacitated To Inherit

    Uploaded by

    Teresa Burgos
    14 views1 page
    The document summarizes succession laws in the Philippines. It discusses different processes for partitioning an estate depending on whether the deceased had pending obligations. It also outlines the requisites for succession including death of the decedent, transmissible/descendible rights and properties, and the transferee being alive and capable of inheriting. The effects of acceptance or repudiation by an heir are also summarized.

    Original Description:

    Drafted Oct. 1, 2015

    Original Title

    Succession Notes

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    The document summarizes succession laws in the Philippines. It discusses different processes for partitioning an estate depending on whether the deceased had pending obligations. It also outlines the requisites for succession including death of the decedent, transmissible/descendible rights and properties, and the transferee being alive and capable of inheriting. The effects of acceptance or repudiation by an heir are also summarized.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    14 views1 page

    Predecease), Willing (No Repudiation) and Is Capacitated To Inherit

    Uploaded by

    Teresa Burgos
    The document summarizes succession laws in the Philippines. It discusses different processes for partitioning an estate depending on whether the deceased had pending obligations. It also outlines the requisites for succession including death of the decedent, transmissible/descendible rights and properties, and the transferee being alive and capable of inheriting. The effects of acceptance or repudiation by an heir are also summarized.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Deceased dies without pending obligations:

    1. Extrajudicial partition of the estate, or


    2. Ordinary action for partition

    Deceased dies with pending obligations:


    1. Special proceeding on settlement of estate (Rule 69, ROC) and appointment
    of an administrator

    Requisites for Succession Mortis Causa


    1. Death (Actual/Presumed)
    2. Rights/Properties which are transmissible and descendible
    3. The transferee is still alive at the time of death of the decedent (no
    predecease), willing (no repudiation) and is capacitated to inherit.

    It is not tradition (delivery) that transfers ownership, but succession.

    The effects of an acceptance retroact to the moment of death. If there is


    repudiation, it is as if the heir never owned/possessed, also because of the
    retroactive effect of repudiation. Art. 1042

    Escheat absence of any heir, the State inherits the property which shall be
    considered patrimonial.

    Presumptive death succession is only provisional. Effect of absentees


    return/appearance, the heir not obligated to reimburse if consumption is in good
    faith.

    Problem on transitional provisions: Old Civil Code-spurious children not entitled to


    inherit even if filiation had been judicially decreed/declared. New Civil Code-they are
    entitled to inherit if recognized voluntarily or by judicial decree. Q: confirm if they
    can inherit the same legitime for illegitimate children?

    Pending liquidation of the estate, the heirs are entitled to certain allowances for
    their support which, in proper cases, are chargeable against the estate.

    Future inheritance cannot be the subject of sale/donation; Accrued inheritance


    yes.

    No pending settlement proceeding or special proceeding for settlement of estate


    prior declaration of heirship is NOT NECESSARY, thus, the heirs may sue and be
    sued, such as the right to bring an action to annul a deed of sale or be sued as
    owners of the inheritance.

    No necessity to appoint an administrator:


    1. Heirs are all of legal age, and
    2. No debts to be settled.
    But, appointment of administrator is still allowed even if both of the above
    requisites are present.

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