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    Legal or Intestate Succession

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    Ryan Suaverdez
    Legal or intestate succession occurs when: (1) a person dies without a valid will; (2) a will does not dispose of all property; (3) an heir dies or is incapable before the testator; or (4) an heir is incapable of inheriting. In the absence of testamentary heirs, inheritance vests in the deceased's legitimate and illegitimate relatives, surviving spouse, and the State. Inheritance is given to the nearest relative, with relatives of the same degree inheriting equal shares, subject to provisions regarding full/half blood and paternal/maternal lines.

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    Legal or Intestate Succession

    Uploaded by

    Ryan Suaverdez
    25 views6 pages
    Legal or intestate succession occurs when: (1) a person dies without a valid will; (2) a will does not dispose of all property; (3) an heir dies or is incapable before the testator; or (4) an heir is incapable of inheriting. In the absence of testamentary heirs, inheritance vests in the deceased's legitimate and illegitimate relatives, surviving spouse, and the State. Inheritance is given to the nearest relative, with relatives of the same degree inheriting equal shares, subject to provisions regarding full/half blood and paternal/maternal lines.

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    Legal or intestate succession occurs when: (1) a person dies without a valid will; (2) a will does not dispose of all property; (3) an heir dies or is incapable before the testator; or (4) an heir is incapable of inheriting. In the absence of testamentary heirs, inheritance vests in the deceased's legitimate and illegitimate relatives, surviving spouse, and the State. Inheritance is given to the nearest relative, with relatives of the same degree inheriting equal shares, subject to provisions regarding full/half blood and paternal/maternal lines.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views6 pages

    Legal or Intestate Succession

    Uploaded by

    Ryan Suaverdez
    Legal or intestate succession occurs when: (1) a person dies without a valid will; (2) a will does not dispose of all property; (3) an heir dies or is incapable before the testator; or (4) an heir is incapable of inheriting. In the absence of testamentary heirs, inheritance vests in the deceased's legitimate and illegitimate relatives, surviving spouse, and the State. Inheritance is given to the nearest relative, with relatives of the same degree inheriting equal shares, subject to provisions regarding full/half blood and paternal/maternal lines.

    Copyright:

    © All Rights Reserved
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    of 6

    1

    CHAPTER 3
    LEGAL OR INTESTATE SUCCESSION
    Section 1. – General Provisions

    ARTICLE 960

    A. 9. L o i s t p:
    (1) I a p d w a w, o w a v w, o o w h s l
    i v;
    (2) W t w d n i a h t, o d o a t p b t t t. I
    s c, l s s t p o w r t t p o w t t h n d;
    (3) I t s c a t t i o h d n h o i n f, o i t h d
    b t t, o r t i, t b n s, a n r o a t p;
    (4) W t h i i i o s, e i c p i t C.
    2

    Art. 960. Legal or intestate succession


    takes place:
    (1) If a person dies without a will,
    or with a void will, or one
    which has subsequently lost its
    validity;
    (2) When the will does not institute
    an heir to, or dispose of all the
    property belonging to the
    testator. In such case, legal
    succession shall take place only
    with respect to the property of
    which the testator has not
    disposed;
    (3) If the suspensive condition
    attached to the institution of heir
    does not happen or is not
    fulfilled, or if the heir dies
    before the testator, or repudiates
    the inheritance, there being no
    subsititution, and no right of
    accretion takes place;
    (4) When the heir instituted is
    incapable of succeeding, except
    in cases provided in this Code.
    3

    CHAPTER 3
    LEGAL OR INTESTATE SUCCESSION
    Section 1. – General Provisions

    ARTICLE 961
    A. 9. I d t h, t l v i, i a w t r h s f, i t l a i r o t
    d, i t s s, a i t S.
    4

    Art. 961. In default testamentary heirs,


    the law vests inheritance, in accordance
    with the rules hereinafter set forth, in the
    legitimate and illegitimate relatives of
    the deceased, in the surviving spouse,
    and in the State.
    5

    CHAPTER 3
    LEGAL OR INTESTATE SUCCESSION
    Section 1. – General Provisions

    ARTICLE 962
    A. 9. I e i, t r n i d e t m d o, s t r o r w i p t
    p.

    R i t s d s i i e s, s t t p o a 1 w r t r f b a h b,
    a o A 9, p 3, c d b t p a m l.
    6

    Art. 962. In every inheritance, the relative


    nearest in degree excludes the more distant
    ones, saving the right of representation when
    it properly takes place.

    Relatives in the same degree shall inherit in


    equal shares, subject to the provisions of
    article 1006 with respect to relatives full
    blood and half blood, and of Article 987,
    paragraph 3, concerning division between
    the paternal and maternal lines.

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