Succession Memory Aid Ateneo

C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
DEFINITION OF SUCCESSION:
- It 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
KINDS OF SUCCESSION:
1. Testamentary – that which results from the designation of an heir, made

in a will executed in the form prescribed by law
2. Legal or Intestate – that which takes place by operation of law in the

absence of a valid will
3. Mixed – that which is effected partly by will and partly by operation of law
KINDS OF HEIRS:
1. Compulsory – those who succeed by force of law to some portion of the

inheritance, in an amount predetermined by law, of which they cannot be
deprived by the testator, except by a valid disinheritance
2. Voluntary or Testamentary – those who are instituted by the testator in his will,
to succeed to the portion of the inheritance of which the testator can freely
dispose
3. Legal or Intestate – those who succeed to the estate of the decedent who dies
without a valid will, or to the portion of such estate not disposed of by will
DEFINITION OF WILL
- It is an act
- whereby a person is permitted
- with the formalities prescribed by law
- to control to a certain degree
- the disposition of his estate
- to take effect after his death
TESTAMENTARY CAPACITY:
1. All persons who are not expressly prohibited by law
2. 18 years old and above
3. Of sound mind, at the time of its execution
KINDS OF WILLS:
1. Notarial – an ordinary or attested will
2. Holographic – a handwritten will
COMMON REQUIREMENTS TO BOTH WILLS:
1. In writing
2. In a language or dialect known to the testator
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REQUISITES FOR VALID NOTARIAL WILL:
1. In writing
3. Subscribed at the end by the testator himself or by the testator’s name written by
some other person in his presence, and by his express direction
4. Attested & subscribed by three or more credible witnesses in the presence of the
testator and of one another
5. Each and every page, except the last, must be signed by the testator or by the
person requested by him to write his name, and by the instrumental witnesses of
the will, on the left margin
6. Each and every page of the will must be numbered correlatively in letters placed
on the upper part of each page
7. It must contain an attestation clause, stating the following:
a. The number of pages used upon which the will is written
b. The fact that the testator signed the will and every page, or caused some
other person to write his name, under his express direction, in the
presence of the instrumental witnesses
c. All the instrumental witnesses witnessed and signed the will and all its
pages in the presence of the testator and of one another
8. It must be acknowledged before a notary public by the testator and the witnesses
ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE DEAF

OR A DEAF-MUTE:
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2 1. Testator must personally read the will, if able to do so;
2. Otherwise, he shall designate two persons to read it and communicate to

him, in some practicable manner, its contents
ADDITIONAL REQUISITE FOR A NOTARIAL WILL IF THE TESTATOR BE BLIND:
The will shall be read to the testator twice –
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom the will is acknowledged
REQUISITES FOR HOLOGRAPHIC WILL:
1. In writing
3. Entirely written, dated, and signed by the hand of the testator himself
AMENDING A WILL:
1. Notarial – only through a codicil
2. Holographic – in three ways
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a. Dispositions may be added below the signature, PROVIDED that said

dispositions are also dated and signed, and everything is written by the
hand of the testator himself
b. Certain dispositions or additional matter may be suppressed or inserted

PROVIDED that said cancellation is signed by the testator and written by
the hand of the testator himself
c. Through a codicil which may either be notarial or holographic
EFFECT OF INSERTION ON THE VALIDITY OF A HOLOGRAPHIC WILL: (Tolentino)
1. If made after the execution of the will, but without the consent of the testator,
such insertion is considered as not written because the validity of the will cannot
be defeated by the malice or caprice of a third person
2. If the insertion after the execution of the will was with the consent of the testator,
the will remains valid but the insertion is void
3. If the insertion after the execution is validated by the testator by his signature
thereon, then the insertion becomes part of the will, and the entire will becomes
void, because of failure to comply with the requirement that it must be wholly
written by the testator
4. If the insertion made by a third person is made contemporaneous to the

execution of the will, then the will is void because it is not written entirely by the
testator
QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL:
1. Of sound mind
2. Of the age of 18 years or more
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines
6. Have not been convicted of falsification of a document, perjury or false testimony
DEFINITION OF A CODICIL:
- It is a supplementary or addition to a will

- made after the execution of the will
- and annexed to be taken as a part thereof
- by which any disposition in the original will may be explained, added to or altered
REQUISITES FOR INCORPORATION BY REFERENCE:
1. the document or paper referred to in the will must be in existence at the time of
the execution of the will
2. the will must clearly describe and identify the same, stating among other things
the number of pages thereof
3. it must be identified by clear and satisfactory proof as the document or paper

referred to therein
4. it must be signed by the testator and the witnesses on each and every page,
except in case of voluminous books of account or inventories
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REVOKING A WILL:
1. By implication of law
2. By the execution of a will, codicil or other writing executed as provided in case of

wills
3. By burning, tearing, canceling, or obliterating the will with the intention of

revoking it, by the testator himself, or by some other person in his presence, and
by his express direction
GROUNDS FOR DISALLOWANCE OF A WILL:
1. If the formalities required by law have not been complied with
2. If the testator was insane, or otherwise mentally incapable of making a will, at the
time of its execution
3. If it was executed through force or under duress, or the influence of fear, or

threats
4. If it was procured by undue and improper pressure and influence, on the part of
the beneficiary or of some other person
5. If the signature of the testator was procured by fraud
6. If the testator acted by mistake or did not intend that the instrument should be his
will at the time of affixing his signature thereto
DEFINITION OF INSTITUTION OF HEIR:
– It is an act by virtue of which a testator designates in his will

– the person or persons who are to succeed him in his property and
transmissible
rights and obligations
REQUISITES FOR A VALID INSTITUTION OF HEIR:
1. Designation in will of person/s to succeed
2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
THREE PRINCIPLES IN THE INSTITUTION OF HEIRS:
1. Equality – heirs who are instituted without a designation of shares inherit in

equal parts
2. Individuality – heirs collectively instituted are deemed individually named unless

a contrary intent is proven
3. Simultaneity – when several heirs are instituted, they are instituted

simultaneously and not successively
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RULES REGARDING A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE:
1. If one has no compulsory heirs:
a. He can give his estate to any person qualified to inherit under him
b. However, he must respect restrictions imposed by special laws
2. If one has compulsory heirs:
a. He can give only the disposable portion to strangers
b. Legitimes of compulsory heirs must be respected
CONCEPT OF PRETERITION:
1. There must be an omission of one, some or all of the heir/s

in the will
2. The omission must be that of a COMPULSORY HEIR
3. Compulsory heir omitted must be of the DIRECT LINE
4. The omitted compulsory heir must be LIVING at the time of testator’s death or
must at least have been CONCEIVED before the testator’s death
EFFECTS OF PRETERITION:
1. The institution of heir is annulled
2. Devises and legacies shall remain valid as long as they are not inofficious
3. If the omitted compulsory heir should die before the testator, the institution shall
be effectual, without prejudice to the right of representation
DEFINITION OF SUBSTITUTION:
- It is the appointment of another heir

- so that he may enter into the inheritance in default of the heir originally instituted
CLASSES IF SUBSTITUTION:
1. Vulgar or Simple – the testator may designate one or

more persons to substitute the heir or heirs instituted in case such heir or heirs
should
a. die before him (PREDECEASE)
b. should not wish, (RENOUNCE) or
c. should be incapacitated to accept the inheritance (INCAPACITATED)
i. Brief or Compendious – two or more persons may be substituted for

one; and one person for two or more heirs
ii. Reciprocal – if heirs instituted in unequal shares should be

reciprocally substituted, the substitute shall acquire the share of the
heir who dies, renounces, or incapacitated, unless it clearly appears
that the intention of the testator was otherwise. If there are more than
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one substitute, they shall have the same share in the substitution as in
the institution
2. Fideicommissary Substitution - if the testator institutes an heir with an
obligation to deliver to another the property so inherited. The heir instituted to such
condition is called the first heir or fiduciary heir, the one to receive the property is the
fideicommissary or second heir
REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION:
1. A fiduciary or first heir instituted entrusted with the obligation to preserve and to
transmit to a fideicommissary substitute or second heir the whole or part of the
inheritance
2. Such substitution must not go beyond one degree from the heir originally
instituted
3. The fiduciary or first heir and the second heir are living at the time of the death of
the testator
4. The fideicommissary substitution must be expressly made
5. The fideicommissary substitution is imposed on the free portion of the estate and
never on the legitime
DEFINITION OF LEGITIME:
It is that part of the testator’s property which he cannot dispose of

because the law has reserved it for certain heirs called compulsory heirs
CLASSES OF COMPULSORY HEIRS:
1. Primary – those who have precedence over and exclude other compulsory heirs
a. Legitimate children and descendants (legitimate), with respect to their

legitimate parents and ascendants
2. Secondary – those who succeed only in the absence of the primary heirs
a. Legitimate parents and ascendants (legitimate), with respect to their

legitimate children and descendants
3. Concurring – those who succeed together with the primary or the secondary
compulsory heirs
a. Widow or widower (legitimate)
b. Illegitimate children and descendants (legitimate or illegitimate)
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SUMMARY OF LEGITIMES OF COMPULSORY HEIRS:
SURVIVING LEGITIMATE SURVIVING ILLEGITIMATE LEGITIMATE ILLEGITIMATE

RELATIVES CHILDREN & SPOUSE CHILDREN PARENTS & PARENTS
DESCENDANTS ASCENDANTS
Legitimate ½ (divided
children alone by the # of
children)
1 legitimate child ½ ¼
surviving spouse
Legitimate ½ (divided Same as the

children by no. of share @
Surviving spouse children) legit child
Legitimate ½ ½ of the
children share of @
Illegitimate legit child
children
1 legitimate child ½ ¼ ½ of the

surviving spouse (preferred) share of @
illegitimate legit child
children
2 or more ½ (divided Same as the ½ of the

legitimate by no. of share of @ share of @
children children) legit child legit child
surviving spouse
Illegitimate
children
Legitimate ½
parents alone
Legitimate ¼ ½
parents
Illegitimate
children
Legitimate ¼ ½
parents and
Surviving spouse
Legitimate 1/8 ¼ ½
parents
Surviving spouse
Illegitimate
children
Illegitimate ½ (divided
children alone by no. of
children)
Illegitimate 1/3 1/3 (divided
children by no. of
Surviving spouse children)
Surviving spouse ½ or 1/3 if
alone marriage in
articulo
mortis
Illegitimate ½
parents alone
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Illegitimate ¼ ¼
parents
Surviving spouse
REMEDY OF COMPULSORY HEIR IN CASE OF IMPAIRMENT OF LEGITIME:
1. If the impairment is total, then there may be preterition if the compulsory heir
preterited is either an ascendant or descendant. Article 854 would come into play
(annulment of institution of heir and reduction of devises and legacies)
2. If the impairment is partial, then the compulsory heir is entitled to completion of

legitime under Article 906
3. If the impairment is thru donation, then remedy is collation.
CONCEPT OF RESERVA TRONCAL
- The ascendant who inherits from his descendant
- any property which the latter may have acquired by gratuitous title
- from another descendant, or a brother or sister,
- is obliged to reserve such property
- as he may have acquired by operation of law
- for the benefit of relatives who are within the third degree
- and who belong to the line from which said property came
REQUISITES (as provided in Chua v. CFI [1977] & reiterated in Gonzales v. CFI [1981])
1) that the property was acquired by a descendant from an ascendant or from a

brother or sister by gratuitous title
2) that said descendant died without an issue
3) that the property is inherited by another ascendant by operation of law
4) that there are relatives within the 3rd degree belonging to the line from which said
property came
DEFINITION OF DISINHERITANCE
It is the act by which the testator,

for just cause,
deprives a compulsory heir of his right to the legitime.
DIFFERENCES BETWEEN PRETERITION AND DISINHERITANCE:
DISINHERITANCE PRETERITION
Express deprivation of legitime Tacit deprivation of legitime
Always voluntary May also be voluntary but is presumed to

be involuntary (as it is an omission to
mention an heir or though mentioned, is
not instituted as an heir)
Legal cause is present Presumed by law to be a mere oversight
Even a compulsory heir may be totally Compulsory heir is merely restored to his
excluded legitime
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REQUISITES FOR A VALID DISINHERITANCE:
1. Heir disinherited must be designated by name or in such a manner as to leave no

room for doubt as to who is intended
2. It must be for a cause designated by law
3. It must be made in valid will
4. It must be made expressly, stating the cause in the will itself
5. The cause must be certain and true, and must be proved by the interested heir if
the person disinherited should deny it
6. It must unconditional
7. It must be total
SUMMARY OF CAUSES OF DISINHERITANCE:
GROUNDS FOR CHILDREN/ PARENTS/ SPOUSE UNWORTHINESS

DISINHERITANCE DESCENDANTS ASCENDANTS
1 Guilty/convicted of * * * *
attempt against life
of testator/spouse/
ascendant/descend
ant
2 Accused * * * *
testator/decedent
of crime punishable
by imprisonment of
more than 6 years,
found groundless,
false
3 Causes * * * *
testator/decedent
to make will or
change one by
fraud, violence,
intimidation, or
undue influence
4 Unjustified refusal * * *
to support testator
5 Convicted of * * *
adultery or
concubinage with
spouse of
testator/decedent
6 Maltreatment of *
testator by word
and deed
7 Leading a *
dishonorable or
disgraceful life
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8 Conviction of crime *
which carries
penalty of civil
interdiction
9 Abandonment of * *
children or inducing
children to live
corrupt and
immoral life or
attempted against
virtue
10 Loss of parental * *
authority
11 Attempt by one *
parent against life
of the other
UNLESS there is
reconciliation
between parents
12 Spouses given *
cause for legal
separation
13 Failure to report *
violent death of
decedent within
one month, unless
authorities have
already taken
action
14 Force, violence, *
intimidation or
undue influence to
prevent another
from making a will
or revoking one
already made or
who supplants or
alters the latter’s
will
15 Falsifies or forges a *
supposed will of the
decedent
CAUSES OF VACANCY IN SUCCESSION:
1. Disinheritance - The testator creates it himself
2. Repudiation - The heir does something
3. Incapacity/Predecease - Something happens to the heir
HOW VACANCIES ARE FILLED:
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1. Substitution
2. Representation
3. Accretion
ORDER OF PAYMENT IN CASE ESTATE IS INSUFFICIENT TO COVER ALL

LEGACIES AND DEVICES:
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
CAUSES FOR LEGAL OR INTESTATE SUCCESSION:
If a person dies without a will
If a person dies with a void will
If a person dies with a will which has subsequently lost its validity
1. When the will does not institute an heir to, or dispose of all the property
belonging to the testator (legal succession shall take place only with respect to
the property of which the testator has not disposed)
2. If the suspensive condition attached to the institution of the heir does not happen
or is not fulfilled
3. If the heir dies before the testator,
4. If the heir repudiates the inheritance, there being no substitution, and no right of
accretion takes place
5. When the heir instituted is incapable of succeeding, except in cases provided in

the Code
FUNDAMENTAL UNDERLYING PRINCIPLES IN LEGAL OR INTESTATE

SUCCESSION:
1. Rule of Proximity – the relative nearest in degree excludes the farther one
2. Rule of Equal Division – the relatives who are in the same degree shall inherit
in equal shares
DEFINITION OF RIGHT OF REPRESENTATION:
- It is a right created by fiction of law

- by virtue of which the representative is raised to the place and degree of the
person represented
- and acquires the rights which the latter would have of he were living or if he
would have inherited
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ORDER OF LEGAL OR INTESTATE SUCCESSION:
LEGITIMATE CHILD ILLEGITIMATE CHILD ADOPTED CHILD

1 Legitimate child and legitimate child and legitimate child and
legitimate descendants legitimate descendants legitimate descendants
2 Legitimate parents and illegitimate children and illegitimate children and

legitimate ascendants legitimate or illegitimate legitimate or illegitimate
descendants descendants
3 Illegitimate children and illegitimate parents legitimate or illegitimate

legitimate or illegitimate parents and legitimate
descendants ascendants, adoptive
parents
4 Surviving spouse surviving spouse surviving spouse
5 Legitimate siblings, illegitimate siblings, siblings, nephews, nieces

nephews, nieces nephews, nieces
6 Legitimate collateral State State

relatives
7 State
CONCURRENCE IN LEGAL OR INTESTATE SUCCESSION
INTESTATE HEIR EXCLUDES EXCLUDED BY CONCURS WITH

Legitimate children Ascendants, No one Surviving spouse
and Legitimate collaterals and state Illegitimate children
descendants
Illegitimate children Illegitimate parents, No one Surviving spouse

and Descendants collaterals and state Legitimate children
and legitimate
parents
Legitimate parents Collaterals and state Legitimate children Illegitimate children
and legitimate and surviving
ascendants spouse
Illegitimate parents Collaterals and state Legitimate children Surviving spouse

and illegitimate
children
Surviving spouse Collaterals other No one Legitimate children
than siblings, Illegitimate children
nephews and nieces Legitimate parents
and Illegitimate
parents
Siblings, nephews All other collaterals Legitimate children, Surviving spouse

nieces and state illegitimate children,
Legitimate parents
and illegitimate
parents
Other collaterals Collateral remoter in Legitimate children Collaterals in the

within 5th degree degree and state Illegitimate children same degree
Legitimate parents
Illegitimate parents
and
Surviving spouse
State No one Everyone No one
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A MORE DETAILED SUMMARY OF INTESTATE SHARES:
1. LEGITIMATE CHILDREN AND LEGITIMATE DESCENDANTS ALONE
INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE

DISPOSAL SHARE
Legitimate children ½ ½ 1
TOTAL ½ ½ 1
2. ONE LEGITIMATE CHILD AND SURVIVING SPOUSE
INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE TOTAL INTESTATE SHARE

DISPOSAL
Legitimate child ½ ½
Surviving spouse ¼ ¼ ½
TOTAL ¾ ¼ 1
3. LEGITIMATE CHILDREN AND SURVIVING SPOUSE

DISPOSAL
Legitimate children ½ Remaining portion of Whole estate divided
estate after paying equally between total
legitimes number of children
plus the surviving
spouse
Surviving spouse Same as share of @ Legitimes to be No. of children plus

legitimate child divided equally the surviving spouse
between total no. of (see above)
children plus the
surviving spouse
TOTAL Varies on no. of Varies on no. of 1

children children
4. LEGITIMATE CHILDREN AND ILLEGITIMATE CHILDREN

DISPOSAL

estate after paying by the ratio of 2:1 for
legitimes each legitimate child
as compared to the
illegitimate child
Illegitimate children ½ share of @ Legitimes to be 1 for @ illegitimate

legitimate child divided by the ratio child provided that
of 2 for @ legitimate legitimes wouldn’t be
child, 1 for @ impaired
illegitimate child
TOTAL Varies on no. of Varies on no. of

children children
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5. ONE LEGITIMATE CHILD, ILLEGITIMATE CHILD, AND SURVIVING SPOUSE

DISPOSAL
Legitimate child ½ Remaining portion of Whole estate divided
estate after paying by the ratio of 2 @
legitimes to be legitimate child
divided by the ratio
of 2:1 for @
legitimate child and
@ illegitimate child,
respectively
Illegitimate child ½ share of @ 1 for @ illegitimate 1 for @ illegitimate

legitimate child child (see above) child
Surviving spouse ¼ Same share as a Legitimes wouldn’t

legitimate child be impaired
TOTAL Varies depending on Varies depending on 1

no. of illegitimate no. of illegitimate
children children
6. LEGITIMATE CHILDREN, ILLEGITIMATE CHILDREN AND SURVIVING

SPOUSE

DISPOSAL
estate, if any after by the ratio of 2:1 for
paying legitimes to @ legitimate child
be divided by the and illegitimate child
ratio of 2 for @ respectively
legitimate child
Illegitimate children ½ share of @ legit 1 for @ illegitimate 1 for @ illegitimate

child child (see above) child (see above)
Surviving spouse ¼ Same share as a Same share as a

legitimate child, legitimate child,
provided legitimes provided legitimes
are not impaired are not impaired
TOTAL Varies depending on Varies depending on 1

no. of illegitimate no. of illegitimate
children children
7. LEGITIMATE PARENTS ALONE

8.
DISPOSAL
Legitimate parents ½ ½ 1
TOTAL ½ ½ 1
9. LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN

10.
DISPOSAL
Legitimate parents ½ ½
Illegitimate children ¼ ¼ ½
TOTAL ¾ ¼ 1
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11. LEGITIMATE PARENTS AND SURVIVING SPOUSE

DISPOSAL
TOTAL ¾ ¼ 1
12. LEGITIMATE PARENTS, SURVIVING SPOUSE AND ILLEGITIMATE

CHILDREN

DISPOSAL
Surviving spouse 1/8 1/8 ¼
Illegitimate children ¼ ¼
TOTAL 7/8 1/8 1
13. ILLEGITIMATE CHILDREN ALONE

DISPOSAL
Illegitimate children ½ ½ 1
alone
TOTAL ½ ½ 1
14. ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE

DISPOSAL
Illegitimate children 1/3 1/6 ½
Surviving spouse 1/3 1/6 ½
TOTAL 2/3 1/3 1
15. SURVIVING SPOUSE

DISPOSAL
Surviving spouse ½ or 1/3 ½ or 1/3 1
TOTAL ½ or 1/3 ½ or 1/3 1
16. ILLEGITIMATE PARENTS ALONE

DISPOSAL
Illegitimate parents ½ ½ 1
TOTAL ½ ½ 1
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17. ILLEGITIMATE PARENTS AND SURVIVING SPOUSE

DISPOSAL
Illegitimate parents ¼ ¼ ½
TOTAL ½ ½ 1
18. SIBLINGS, NEPHEWS AND NIECES ALONE

DISPOSAL
Siblings, nephews, ½ ½ 1
nieces
TOTAL ½ ½ 1
19. SURVIVING SPOUSE, SIBLINGS, NEPHEWS AND NIECES

DISPOSAL
Surviving spouse ½ ½
Siblings, nephews, ½ ½
nieces
TOTAL ½ ½ 1
DEFINITION OF ACCRETION:
- It is a right by virtue of which

- when two or more persons are called to the same inheritance, devise or legacy
- the part assigned to the one who renounces or cannot receive his share or who
died before the testator
- is added or incorporated to that of his co-heirs, co-devisees, or co-legatees
WHO ARE INCAPABLE OF SUCCEEDING:
1. Priest who heard the confession of the testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period
2. Relatives of such priest or minister of the gospel within the 4th degree, the
church, order, chapter, community, organization, or institution to which such
priest or minister may belong
3. Guardian with respect to testamentary dispositions given by a ward in his favor

before the final accounts of the guardianship have been approved, even if the
testator should die after the approval thereof; EXCEPT if the guardian is his
ascendant, descendant, brother, sister, or spouse
4. Attesting witness to execution of will, their spouses, parents, children or any one
claiming under such witness, spouse, parents or children
5. Physician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness
6. Individuals, associations, and corporations not permitted by law to inherit
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VALIDITY AND EFFECT OF LEGACY/DEVISE
General Rule: Conveys only interest or part owned by testator

Thing owned in part by Exception: if testator otherwise provides –
testator (Article 929)
a. He may convey more than what he owns - the state
shld try to acquire the part or interest owned by other parties. If
other parties are unwilling to alienate, the estate should give
the legatee/devisee the monetary equivalent (analogy with
Article 931)
b. He may convey less than what he owns (Article 794)
Thing owned by another General Rule:

(Articles 930-931)
a. If testator ordered acquisition of the thing - the order
should be complied with. If the owner is unwilling to part with
the thing, the legatee/devisee should be given the monetary
equivalent
b. If testator erroneously believed that the thing

belonged to him - legacy/device is void
Exception: if testator acquire the thing onerously or
gratuitously after making of the disposition, disposition is
validated
c. If testator knew that the thing did not belong to him but did
not order its acquisition - code is silent but disposition should
be considered valid - there is an implied order to acquire and
doubts must be resolved in favor of intestacy
Thing already owned to a. If thing already belonged to legatee/devisee at time

the legatee/devisee of execution of will – legacy/devise is void
(Articles 932-933)
b. If thing was owned by another person at time of
making the will and thereafter it is acquired by legatee/devisee
–
1. If testator erroneously believed that he
owned the thing – legacy /devise is void
2. If testator was not in error -

i. If thing was acquired onerously
by L/D – L/D entitled to be reimbursed
ii. If thing was acquired gratuitously
by L/D – nothing is due
iii. If thing was owned by testator at
time will was made and L/D acquired the thing
from him thereafter – law is silent
*Balane – L/D deemed revoked
*Tolentino – no intention to revoke (BUT if the
testator has not alienated the thing directly to the
L/D, but to a 3rd person and the former just acquired
it from the latter, there is an intention to revoke)
Legacy/Devise to Valid, if the encumbrance can be removed for a consideration
remove an
encumbrance over a
thing belonging to
testator (Article 932 par2)
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Legacy/Devise of a The encumbrance must be removed by paying the debt unless the
thing pledged or testator intended otherwise
mortgaged (Article 934)
CONCEPT OF COLLATION:
To collate is to bring back or to return to the hereditary mass,

in fact or by fiction,
property which came from the estate of the decedent, during his lifetime,
but which the law considers as an advance from the inheritance.
It is the act by virtue of which, the persons who concur in the inheritance bring back to
the common hereditary mass
the property which they have received from him,
so that a division may be effected according to law and the will of the testator.
CONCEPT OF PARTITION:
- it is the separation, division and assignment

- of a thing held in common among those to whom it may belong
- the thing itself may be divided, or its value
IMPORTANT PERIODS TO REMEMBER:
1 month or less before making a will Testator, if publicly known to be insane,

burden of proof is on the one claiming
validity of the will
20 years Maximum period testator can prohibit

alienation of dispositions
5 years from delivery to the State To claim property escheated to the State
1 month To report knowledge of violent death of

decedent lest he be considered unworthy
5 years from the time disqualified Action for declaration of incapacity & for
person took possession recovery of the inheritance, devise or
legacy
30 days from issuance of order of Must signify acceptance/repudiation

distribution otherwise, deemed accepted
1 month form written notice of sale Right to repurchase hereditary rights sold
to a stranger by a co-heir
10 years To enforce warranty of title/quality of

property adjudicated to co-heir from the
time right of action accrues
5 years from partition To enforce warranty of solvency of debtor

of the estate at the time partition is made
4 years form partition Action for rescission of partition on account

of lesion
18

Succession Memory Aid Ateneo

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Succession Memory Aid Ateneo

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C I V I L L A W SUCCESSION MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002

- 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

1. Testamentary – that which results from the designation of an heir, made

2. Legal or Intestate – that which takes place by operation of law in the

1. Compulsory – those who succeed by force of law to some portion of the

1. All persons who are not expressly prohibited by law

2. 18 years old and above

3. Of sound mind, at the time of its execution

1. Notarial – an ordinary or attested will

2. Holographic – a handwritten will

COMMON REQUIREMENTS TO BOTH WILLS:

2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:

2. In a language or dialect known to the testator

7. It must contain an attestation clause, stating the following:

a. The number of pages used upon which the will is written

ADDITIONAL REQUISITES FOR A NOTARIAL WILL IF THE TESTATOR BE DEAF

2. Otherwise, he shall designate two persons to read it and communicate to

ADDITIONAL REQUISITE FOR A NOTARIAL WILL IF THE TESTATOR BE BLIND:

The will shall be read to the testator twice –

1. Once by one of the subscribing witnesses

2. Once by the notary public before whom the will is acknowledged

REQUISITES FOR HOLOGRAPHIC WILL:

2. In a language or dialect known to the testator

1. Notarial – only through a codicil

2. Holographic – in three ways

a. Dispositions may be added below the signature, PROVIDED that said

b. Certain dispositions or additional matter may be suppressed or inserted

c. Through a codicil which may either be notarial or holographic

EFFECT OF INSERTION ON THE VALIDITY OF A HOLOGRAPHIC WILL: (Tolentino)

4. If the insertion made by a third person is made contemporaneous to the

QUALIFICATIONS OF WITNESSES TO A NOTARIAL WILL:

2. Of the age of 18 years or more

3. Not blind, deaf or dumb

4. Able to read and write

5. Domiciled in the Philippines

6. Have not been convicted of falsification of a document, perjury or false testimony

- It is a supplementary or addition to a will

REQUISITES FOR INCORPORATION BY REFERENCE:

3. it must be identified by clear and satisfactory proof as the document or paper

2. By the execution of a will, codicil or other writing executed as provided in case of

3. By burning, tearing, canceling, or obliterating the will with the intention of

GROUNDS FOR DISALLOWANCE OF A WILL:

1. If the formalities required by law have not been complied with

3. If it was executed through force or under duress, or the influence of fear, or

5. If the signature of the testator was procured by fraud

DEFINITION OF INSTITUTION OF HEIR:

– It is an act by virtue of which a testator designates in his will

REQUISITES FOR A VALID INSTITUTION OF HEIR:

1. Designation in will of person/s to succeed

2. Will specifically assigns to such person an inchoate share in the estate

3. The person so named has capacity to succeed

4. The will is formally valid

5. No vice of consent is present

6. No preterition results from the effect of such will

THREE PRINCIPLES IN THE INSTITUTION OF HEIRS:

1. Equality – heirs who are instituted without a designation of shares inherit in

2. Individuality – heirs collectively instituted are deemed individually named unless

3. Simultaneity – when several heirs are instituted, they are instituted

RULES REGARDING A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE: