Succession (October 3, 2012) LEGACIES AND DEVISES Art. 911.

After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the devises or legacies made in the will; (2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever. If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime. (3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than that of the disposable portion, the compulsory heirs may choose between complying with the testamentary provision and delivering to the devisee or legatee the part of the inheritance of which the testator could freely dispose. (820a) Art. 950. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (1) Remuneratory legacies or devises; (2) Legacies or devises declared by the testator to be preferential; (3) Legacies for support; (4) Legacies for education; (5) Legacies or devises of a specific, determinate thing which forms a part of the estate; (6) All others pro rata. (887a) ILLUSTRATION: Legacies: Estate @ P100,000 Support P40,000 Education P50,000 Preferred P10,000 Remunerative P60,000 DISTRIBUTION 1) Remunerative P60,000 2) Preferred P10,000 3) Support P30,000 TOTAL = P100,000 (No more for education, estate insufficient)

Bottomline: Art. 911 and 950 applies when the net distributable estate is insufficient; When applicable If naay donation/legitimes, apply Art. 911 If purely an issue on legacies/devises, apply Art. 950

Art. 930 Erroneously believing to be his (TESTATOR)

Continues to belong to another - VOID

Things belonging to another

Subsequently acquired by the testator (upon death) - VALID ESTATE to acquire the property - VALID

With knowledge that thing is not his Art. 931 Cannot be acquired (price exorbitant) PAY JUST VALUE

Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (862a) Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the

legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. (861a)

Legacy/ Devise already owned by devisee or legatee INEFFECTIVE/ VOID (932) ONEROUS reimburse purchase price Owned by L/D but subsequently alienated Art. 933

REACQUIRED
GRATUITOUS can demand nothing

Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a) Art. 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have subsequently alienated by him. If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by onerous title he can demand reimbursement from the heir or the estate. (878a)