FINALS: INTESTATE SUCCESSION
legacies or devices collateral
-takes place in the absence of the
expressed will of the decedent embodied
in a testament.
CHARACTERISTICS:
It takes effect by operation of law
It takes place in the absence or in
default of a last will of a decedent
BASIS: presumed will of the decedent
CAUSE OF INTESTACY (SWIPER P2AIR)
SUSPENSIVE COND. Is not fulfilled
by the instituted heir
w/o a will or void will or
subsequently lost its validity
incapacity of instit. Heir
predecease of IH
expiration of term or period of
institution
repudiation by IH
partial IH, in w/c case intestacy
takes place as to the undisposed
portion (mixed succession)
preterition
o intestacy my be total or
partial depending on
whether or not there are
absence of IH
non compliance or impossibility of
compliance with the will
fulfillment of resolutory condition
ISRAI- if there has been an
institution of heirs
1. If institution fails, Substitution
occurs
2. No substitute,
- Right of rep applies in direct
ascending line to the legitime if
the vacancy is caused by PID
3. Right of accretion applies to the
free portion
4. If no substitute and right of
representation or accretion does
not apply,
- Rules on intestate succession shall
take over
RULES ON INTESTATE SUCCESSION
A. Rule of preference bet lines
Direct descending line shall
exclude direct ascending and
collateral
Direct ascending exclude
B. Rule of proximity
Relative nearest in degree
exclude the more distant ones
o Saving the right of
representation when
it properly takes place
C. Rule of representation
More distant relatives
belonging to the same class as
the person represented are
raised to the place and degree
of such person and acquire
the rights which the latter
would have acquired if he
were living or if he could have
inherited.
Relative nearest in degree
does not exclude the more
remote ones
Means by which the
descendant of the child, in
default of the latter because
of prior death, disinheritance
or incapacity can take his
degree or place.
Superior than the right of
accretion
D. Rule of equal division
Relatives in the same degree shall
inherit in equal shares
Exception:
a. Division in ascending line
(paternal and maternal
GP)
b. Brothers and sisters (full
and half)
c. Right of representation
takes place
d. Division between
legitimate and illegitimate
children
E. Rule of barrier between the
legitimate family and the
illegitimate family
Illeg family cannot inherit by
intestate succession from
legitimate family and vice versa
F. Rule of double share for full blood
collaterals
G. Rule of division of line
In adoption, the legal filiation
is personal and exists only
between the adopter and
adopted.
- Adopted is deemed a legitimate
child of the adopter,
o But still remains as an
intestate heir of his
natural parents and other
blood relatives.
INCAPACITY
GR: shares w/c are rendered vacant shall
pass to the co-heirs of the IH by
right of accretion
EXCEPTION: incap heir has a children of his
own,
Then the share which is rendered
vacant by reason of incapacity shall pass
to such children by right or
representation.
REPUDIATION
If by one or some of the relatives-
vacant shall pass to the co- heir of IH
by Right of accretion
All of the relatives- those of the
following degree shall inherit in
their own right
o Inheritance shall be
distributed among them
per capital
#for both- right of representation cannot
be applied
RIGHT OF ACCRETION
There are several relatives of the
same degree
o And one or some of them
are unwilling or
incapacitated to succeed
o His portion shall accrue to
the others of the same
degree
o Save the right of rep
RIGHT OF REPRESENTATION
-right created by fiction of law
Representative is raised to the
place and degree of the person
represented and acquires the right
which the latter would have if he
were living or if could have
inherited.
 In testamentary succession- takes
place only with respect to the
legitime

GR: representation takes place only in

favor of legitimate descendants

EXCEPTION: IC- can represent only when

the parent represented is an IC of the
descendant

Prop is inherited directly by the

representative from the person
from whom the one represented
would have received, thus it is not
liable for the payment of the debts
of the person represented
If a child renounces or repudiates
his inheritance when his father
dies,
o He may still represent the
latter when subseq his
grandfather dies.