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LEGAL OR INTESTATE

SUCCESSION

ATTY. RANIL M. REYNANTE


A.B., M.A., LlB., M.M.
LEGAL OR INTESTATE SUCCESSION

Concept of Legal Succession. –


 A mode of transmission mortis causa which takes
place in the absence of the expressed will of the
decedent embodied in a testament.
 Two (2) characteristics of intestate succession:
First, it is a succession conferred by law; hence,
designated
as legal succession
Second, it takes only in the absence of the will; hence, the
term intestate succession
(Following this 2nd characteristic, intestate
succession is seen as both suppletory and exceptional in
nature)
LEGAL OR INTESTATE SUCCESSION
Concept of Legal Succession. –
 In the absence of testamentary heirs chosen and
designated by the Testator, the persons
designated by
law succeed to the inheritance (“Legal Heirs”).
 The Legal Heirs are called to the inheritance through
an “order of preference” ordained by law.
 The “order of preference” is not arbitrary, although,
the hierarchy is based on what the law “ x x x
presumes
to be the order of succession had the decedent been
able to
express his will”.
 The presumed will of the deceased is based on:
(a) human affection; (b) love; & (c) blood
relationship
LEGAL OR INTESTATE SUCCESSION

Concept of Legal Succession. –


 The “order of intestate succession” is, thus,
presumed
to be:
> firstly, the descendants (fruits of his loins);
> secondly, the ascendants (from whose loins
the decedent sprung); and
> thirdly, the collateral relatives
 Suppletory to the “order”, above, are each of the
> concurrent relatives such as: (a) natural children;
(b) surviving spouse
 In default of the above, the State becomes, as it
were,
an “intestate heir”, through Escheat proceedings
SECTION 1
GENERAL PROVISIONS
Art. 960. – Legal or intestate succession takes place:
(1) If a person
(a) dies without a will, or
(b) with a void will, or
(c) one which has subsequently lost its validity;
(2) (a) When the will does not institute an heir to, or
(b) dispose of all the property belonging to the testator.
(b-1) In such case, legal succession shall take place only with respect
to the property of which the testator has not disposed
(3) (a) If the *suspensive condition attached to the institution of heir does
not happen; or
(b) (if the suspensive condition) is not fulfilled; or
(c) if the heir dies before the testator; or
(d) (if the heir) repudiates the inheritance, there being no substitution
and no right of accretion takes place
(4) When the heir instituted is incapable of succeeding, except in cases
provided in this Code.
________
* in the case of an institution premised upon a resolutory condition,
the happening of the resolutory condition gives rise to intestate
succession
SECTION 1
GENERAL PROVISIONS

Art. 961. In default of testamentary heirs, the law


vests the inheritance,
(a) in accordance with the rules hereinafter
set forth:
(b) in the legitimate and illegitimate
relatives of the
deceased;
(c) in the surviving spouse; and
(d) in the State
SECTION 1
GENERAL PROVISIONS

Disinheritance of Intestate Heirs. –


 Testator may validly exclude, by means of his will, any
intestate
heir from the whole or part of the inheritance;
 The exclusion does not require any legal cause but depends
solely
upon the will of the testator.

Effect of Excluding an Intestate Heir. - The effect of excluding


an intestate heir is to make his/her share accrue to the other heirs
of the same degree.

Thus, if the excluded heir is the only one nearest in


degree, those
next in degree will succeed.
SECTION 1
GENERAL PROVISIONS
Art. 962. (a) In every inheritance, the relative nearest in degree excludes the
more distant ones
(a-1) saving the right of representation when it properly takes
place.
(b) Relatives in the same degree shall inherit in equal shares
(b-1) subject to the provisions of Article 1006 with respect to
relatives of the full and half blood; and of
(b-2) Article 987, paragraph 2, concerning division between the
paternal and maternal lines.

Art. 1006. Should brothers and sisters of the full blood survive together with
brothers and sisters of the half blood, the former shall be entitled
to a share double that of the latter.

Art. 987 (2) Should there be more than one of equal degree belonging to the same
line they shall divide the inheritance per capita
Should they be of different lines but of equal degree, one-half shall
go to the paternal and the other half to the maternal ascendants
In each line the division shall be made per capita.
SECTION 1
GENERAL PROVISIONS
Rule of Proximity. –

 Relatives nearest in degree exclude the more remote.


 Thus, should there be relatives of the 1 st degree, the relatives
of the 2nd degree cannot inherit.
 Following the above:
> (Descendants) A son excludes a grandson because the
former (son) is in the 1st degree, while the latter (grandson),
is in the 2nd
> (Ascendants) A father excludes the grandfather (following
the
principles enunciated above.
> (Collateral Relatives) A brother excludes a niece or a
nephew.
 Note that this “proximity rule” is also found in
testamentary
successions.
SECTION 1
GENERAL PROVISIONS
Exception to the Proximity Rule. –
The right of representation, when appropriate, is an exception to the
proximity rule.

Right of Representation. –
 By the right of representation, the law has provided a means by
which the descendants of a child, in default of the latter (child) who
predeceases, or who was disinherited, or who was incapacitated, can
the son’s place (i.e., the degree occupied by the son relative to the
decedent).
 Ordinarily, the grandson is excluded by the son, the nephew by the
brother. Representation prevents such exclusion from taking place by
by virtually conferring upon the grandson and the nephew a degree
of relationship superior to that which ordinarily corresponds to them
in the succession.
SECTION 1
GENERAL PROVISIONS
Preference among Lines. –
 A liberal construction of the Rule on Proximity would “allow”
the son (of the decedent) and the father (of the decedent) to
inherit at the same time since both are relatives of the decedent
within the 1st degree. Likwise, a grandson (of the decedent), the
grandfather (of the decedent), and the brother (of the decedent)
could inherit at the same time since all are relatives within the 2 nd
degree of consanguinity (of the decedent).
 The above interpretation cannot obtain since the law calls, first,
the descendants, then the ascendants, and, finally, the collaterals.
 The general rule on Proximity, therefore, applies to:
(a) relatives within the same degree
(a-1) except in the case when the relatives are found in
different lines, in which case the order of preference
between lines must first be observed, and within each
line, the rule of proximity applies.
SECTION 1
GENERAL PROVISIONS
Rule of Equal Division. –
 As a rule, relatives who are in the same degree shall inherit
in equal shares.

 Following the rule of exclusion (i.e., the relative nearest in


degree excludes the farther relative) “all relatives within the
same degree should merit the same of equal affection
from the decedent.”

 The rule of equal division must be applied only as the


rule of proximity:
(a) This means that “the order of preference between
lines
should first be observed”
(b) Within each line, all relatives of the same degree (who
must be the nearest - - - “principle of exclusion” - - - )
share equally.
SECTION 1
GENERAL PROVISIONS
Exceptions to the Rule on Equal Division. –
 The division between the whole and half-blood relatives
(Art. 1006);
 The division in representation (‘per stirpes”); and
 The division in the ascending line (no representation
in the ascending line)
(Art. 987, paragraph 2): Should a person die without
descendants, or father and mother,
BUT with one paternal grandparent and both maternal
grandparents surviving,
the paternal grandparent will receive ½ the
inheritance
while each of the maternal grandparents will receive
only ¼ - - - even if all of them are 2 nd degree ascendants
since there is, first, a division between the lines, and
within each line there is a further division per capita.
SUBSECTION 1
RELATIONSHIP
Art. 963. Proximity of relationship is determined by the number
of generations.

Each generation forms a degree.

Art. 964. A series of degrees forms a line, which may either be


direct or collateral.

A direct line is that constituted by the series of degrees among


ascendants and descendants.

A collateral line is that constituted by the series of degrees


among
persons who are not ascendants and descendants, but who come
from
the a common ancestor.
SECTION 1
GENERAL PROVISIONS

Art. 965. The direct line is either descending or ascending.


The former (descending line) unites the head of the
family with those
who descend from him.
The former (ascending line) binds a person with those
whom he
descends.
SECTION 1
GENERAL PROVISIONS

Art. 966. In the line, as many degrees are counted as there are
generations or persons, excluding the progenitor.

In the direct line, ascent is made to the common ancestor.


Thus, the child is one degree removed from the parent, two from
the grandparent, and three from the great-grandparent.

In the collateral line, ascent is made to the common


ancestor and
then descent is made to the person with whom the
computation
is to be made. Thus, a person is two degrees removed from his
brother, three from his uncle, who is the brother of his father,
four
from his first cousin, and so forth.
SECTION 1
GENERAL PROVISIONS

Art. 967. Full blood relationship is that existing between


persons who have
the same father and the same mother.

Half blood relationship is that between persons who


have
the same father, but not the same mother, or the
same mother, but
not the same father.
SECTION 1
GENERAL PROVISIONS

RIGHT OF ACCRETION
Art. 968. If there are several relatives of the same degree,
(and) one or some of them are unwilling or
incapacitated to succeed,
his portion shall accrue to the others of the same
degree

Exception: “ x x x save the right of representation when it


should
take place.”
SECTION 1
GENERAL PROVISIONS
Right of Accretion. –
In a case where there are several relatives (belonging to the) same
degree, and one or more of them repudiate their share, or are
incapacitated to inherit, the share(s) that would have pertained
to those who repudiated or are incapacitated DO NOT PASS
TO RELATIVES OF THE NEXT DEGREE, but are
retained by the other relatives - - - of the same degree - - -
through the right of accretion.

Exception: Accretion will not occur where the right of representa-


tion obtains.
 The right of representing a living person obtains only in cases
of
disinheritance and incapacity.
 Therefore, when the fact which prevents a living person from
succeeding is owed to his repudiation of his inheritance, he
cannot
be represented; therefore, accretion takes place with respect
to his
share in the inheritance.
SECTION 1
GENERAL PROVISIONS
Art. 969. If the inheritance should be repudiated by the nearest relative
 should there be one only; or
 by all the nearest relatives called by law to succeed, should
there be several
those of the following degree shall inherit in their own right
and cannot represent the person or persons repudiating the
inheritance.

____________________
If the only heir, or all of the heirs, repudiated, none could transmit
anything
to their heirs, by representation.

With the only heir (or all the heirs called by law) repudiating the
inheritance, so
that accretion is not possible, it becomes natural that the relatives of the
next
degree should be called by law to inherit in their own right.
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 970. Representation is a right created by fiction of


law, by virtue of which

(a) the representative is raised to the place and the


degree of the
persons represented; and

(b) acquires the rights which the latter (the person


represented)
would have:
(b-1) if he were living; or
b-2) if he would have inherited
SUBSECTION 2
RIGHT OF REPRESENTATION
Concept of Representation. –
 Akin to the right of Subrogation, i.e., the person
representing
being placed in the position of the person represented for
the purpose of enabling the former (person representing)
to
succeed in place of the latter (person represented) by
reason
of:
(a) death;
(b) incapacity; or
(c) disinheritance

 Legal heirs are of two (2) classes:


(a) those who inherit by their own right; and
(b) those who inherit by the right of representation
SUBSECTION 2
RIGHT OF REPRESENTATION

Effects of Representation. –
First, a relative of a more remote degree of relationship
is placed in the
degree which entitles him to the right to inherit.

Grandfather

First Son
(Predeceases Second
GF) Son

Grandson
(Inherits in place
of Father, 1st
Son)
SUBSECTION 2
RIGHT OF REPRESENTATION
Second, the sole representative or all the representatives merely take the
place of
the person represented. The representatives can only inherit the portion
which the person represented should rightfully receive. (“Per Stirpes”)

 (1st) The person representing does NOT succeed the person


represented but some other person (i.e., the decedent).
 The son who repudiates the inheritance from his father does not
lose the right to represent the latter (i.e., the father) in the
inheritance from the grandfather.
 (2nd) A great-grandson may be called to the inheritance of his great-
grandfather even if the grandfather should die before the great-
grandson has been conceived.
 (3rd) A son who cannot inherit from his father on the ground of
unworthiness can still inherit from his grandfather by representing
the latter (his father), provided the son is not unworthy with
respect
to the said grandfather.
SUBSECTION 2
RIGHT OF REPRESENTATION

 (4th) Since the person representing virtually succeeds


in an
inheritance, he must be possessed of all the qualities
necessary
for the right to inherit; therefore, the person
representing must
not be incapacitated or disinherited by the person to
whom he
succeeds (the Decedent).
 (5th) The person representing succeeds not only to the
rights
but also to the obligations which are transmissible.
SUBSECTION 2
RIGHT OF REPRESENTATION

Effects of Representation. –
 The subrogation or the representation obtains degree by degree,
i.e., the inferior one representing the relative immediately
higher
in degree.
No jump in degrees is permitted. Thus, a son represents the
father;
the father, the grandfather, etc.
Following the above, when a father repudiates the inheritance
from
the great-grandfather, the son cannot inherit from the great-
grand
father by representing the grandfather - - - who is not the
relative
immediately preceding him (the grandfather) in degree of
relationship.
SUBSECTION 2
RIGHT OF REPRESENTATION

Limited to Transmission by Law. –

 There is representation only with respect to inheritance


conferred
by Law.

 Representation takes place only in Legal or Intestate


succession.

>> In testamentary succession, representation takes place


only
with respect to the legitime.

>> Representation does not take place with respect to what is


voluntarily given by will.
SUBSECTION 2
RIGHT OF REPRESENTATION
No Representation in Testamentary Succession. –

 The title in testamentary succession is voluntary and personal in


character; the institution is individualized, and is thus destroyed
by the prior death or incapacity of the heir. Hence, there can be
no representation in testamentary succession.

Representation by Illegitimates. –
General Rule: Representation takes place only in favor of
legitimate descendants.
New Civil Code: Article 992 prevents intestate succession
between
an illegitimate child and the legitimate relatives of his
father or
mother. The law of succession has placed a legal barrier between
the
illegitimate and legitimate members of the family.
>> An illegitimate child cannot represent his father in
the succession of the latter’s (father) legitimate father
(grandfather of the illegitimate child).
SUBSECTION 2
RIGHT OF REPRESENTATION

Representation by Illegitimates. –
 Notwithstanding Article 992, the law does not preclude the
succession of an illegitimate child to an illegitimate relative
of his father of his father or mother.
>> Article 902 provides that the rights of illegitimate children
to the legitime are transmitted upon their death to their
descendants, “whether legitimate or illegitimate.”
>> Article 998: “ x x x if the surviving spouse concurs with
illegitimate children, the spouse gets ½ of the intestate
estate, and the other half goes to the illegitimate children
and their descendants (“by representation”), “whether
legitimate or illegitimate.”
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 971. The representative is called to the succession by


the law
>> and not by the person represented.
The representative does not succeed the person
represented but the
one whom the person represented would have succeeded.
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 972. The right of representation takes place in the direct


descending line, but never in the ascending.
In the collateral line, it takes place only in favor of the
children of
brothers or sisters, whether they be of the full or half blood.

 In the descending line the right of representation is


unlimited with
regard to the descendants who may succeed.
Representation in
direct descending line obtains till the infinite.

 In the collateral line the right of representation is limited in


favor
only of the children of brothers or sisters.
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 973. In order that representation may take place, it is necessary


that the
representative himself be capable of succeeding the decedent.

 Since the representative inherits from the decedent, and not


from
the person represented, his capacity and right to succeed must
be determined in relation to the decedent and not to the person
represented.
 (Following the above) Even if the representative is incapacitated
to
succeed, or has been disinherited by the person represented by
him,
the representative can still represent, so long as he has the
capacity
to succeed the decedent.
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 974. Whenever there is succession by representation, the division of


the
estate shall be made per stirpes, in such manner that the
representative or representatives shall not inherit more than what the
person they
represent would inherit, if he were living or could inherit.

 When the right of representation obtains, the division of the


estate is made either per stirpes alone, or per stirpes and per capita
combined.
 In the division per capita the estate is divided into as many equal
parts as there are persons to succeed.
 Division per stirpes is made when one sole descendant or a group
of descendants represent a person in intestate succession. The sole
representative or group of representatives are counted as one head.
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 975. When children of one or more brothers or sisters of the


deceased
survive, they shall inherit from the latter by representation, if they
survive with their uncles or aunts.
But if they alone survive, they shall inherit in equal portions.

Art. 976. A person may represent him whose inheritance he has


renounced.

 This article presupposes a case where the person who is to


inherit
in his own right has predeceased the decedent whose succession
is in question., and his children or descendants or some of them
have renounced their share in the inheritance from him.
SUBSECTION 2
RIGHT OF REPRESENTATION

Art. 977. Heirs who repudiate their share may not be represented.

 The principal justification for the right of representation is (the)


death of a son or of a brother or sister. The death of these
relatives would naturally elicit such degree of care, on the part
of the surviving father or brother, to naturally look after the
welfare of the predeceasing relative’s unfortunate orphans.
 The general rule is that representation can take place only in
case of death.
 Exceptions to the right of representation: “disinheritance” and
“incapacity”.
 “Incapacity” is the equivalent of “unworthiness” and applies to
both the son and to the brother.
 “Disinheritance” can only refer to descendants.
SUBSECTION 2
RIGHT OF REPRESENTATION

 Representation:
>> The unworthy or the disinherited child has lost the affection of
his parents. To the parent(s) who disinherited the child the latter
is “dead”. Their will deprives the disinherited or the unworthy
child of his inheritance.
>> On the other hand, the deprivation should not extend to the
children of the unworthy or disinherited child.
 Repudiation Bars Representation. – Following the provisions of
Art. 977,
a living person who has repudiated the inheritance from a decedent
cannot be represented by his children.
 (But, compare with the rules in Arts. 968 and 969: “in case some heirs
should repudiate the inheritance, their share shall accrue to the
others, and if all of them repudiate, those of the next degree shall
succeed in their own right.”)
SECTION 2
ORDER OF INTESTATE SUCCESSION

 Unlike the Old Civil Code where the order of intestate


succession was based on a rigid observance of the principle of
exclusion, under the New Civil Code the principle of
concurrence qualifies or modifies the order of intestate
succession.

 Following the above, the law allows the SS or the illegitimate


children to concur with a decedent’s legitimate children or
parents. The SS or the illegitimate children are no longer
limited to their legitimes but are allowed their own shares as
intestate heirs.

 Further, when a SS concurs in the succession with brothers and


sisters of the deceased, there is no exclusion; they all concur
and take their respective shares in the intestate estate.
SECTION 2
ORDER OF INTESTATE SUCCESSION

 Succession to Legitimate Child. – The order of intestate


succession to a legitimate child is as follows:

(1) legitimate children and descendants;


(2) legitimate parents and ascendants;
(3) illegitimate children (whether natural or otherwise);
(4) the surviving spouse;
(5) collaterals up to the 5th degree of consanguinity; and
(6) the State
SECTION 2
ORDER OF INTESTATE SUCCESSION

 Succession to Illegitimate Child. – The order of


succession is as follows:

(1) legitimate children and descendants;


(2) illegitimate children and their descendants;
(3) illegitimate parent or parents;
(4) the surviving spouse;
(5) brothers and sisters, nephews and nieces; and
(6) the State
SECTION 2
ORDER OF INTESTATE SUCCESSION

Rule in Partial Intestacy. –


 First, testamentary dispositions must be respected. – The will of
the testator is superior to the laws of intestacy.
>> Thus, the shares of the intestate heirs, as defined by the law,
must
yield to the express will of the testator in the form of devises,
legacies, and other testamentary dispositions.
 Second, though testamentary provisions are given due course, the
will of the testator cannot prevail over the express provisions of
the law on legitimes
>> The testamentary dispositions cannot impair the legitimes
of
compulsory heirs who are also intestate heirs.
 Third, in partial intestacy, the testamentary dispostions can
reduce the shares of intestate heirs, provided, that their legitimes
(i.e., if they are also compulsory heirs) are not impaired.
SECTION 2
ORDER OF INTESTATE SUCCESSION
Partial Intestacy. –
(1) The law of legitimes must be brought into operation in partial
intestacy. This must be so since the testamentary dispositions
can affect only the disposable portion but never the legitimes.
(2) If among the concurring intestate heirs there are compulsory
heirs, whose legal or intestate portions exceed their respective
legitimes, then the amount of the testamentary dispositions
must
be deducted from the disposable portion, to be borne by all the
intestate heirs in the proportion that they are entitled to receive
from such disposable portion as intestate heirs.
(3) If the legal or intestate share of a compulsory heir is equal to
his legitime, then the amount of the testamentary disposition
must be deducted only from the legal or intestate shares of the
others, in the proportion stated above (cf. No. 3)
(4) If the testamentary dispositions consume the entire disposable
portion, then the intestate heirs who are compulsory heirs will
get only their legitimes, and those who are not compulsory heirs
will get nothing.
SECTION 2
ORDER OF INTESTATE SUCCESSION
Partial Intestacy
 The legitimes of compulsory heirs are merged in the legal or
intestate shares.
 The legitime goes to the compulsory heir by force of law,
whether the testator likes it or not.
 If the intestate share is equal only to the legitime, it cannot be
affected or reduced by the testamentary dispositions.
 If the intestate share exceeds the legitime, then the excess goes
to the intestate heir by the presumed will of the deceased.
 While the testator cannot reduce the legitime, he can dispose of
legal share (which is taken from the free portion).
 Since the express will of the testator must prevail over his (own)
presumed will, the excess over the legitime must yield to, and
suffer,
reduction from the testamentary dispostions.
SUBSECTION 1
DESCENDING DIRECT LINE
Art. 978. Succession pertains, in the first place, to the descending direct line.
_________________
 Art. 978 presupposes that there are no concurring intestate heirs.
 978 is qualified by the right of concurring heirs.
 The descending direct line does not take real precedence over
illegitimate
children and the surviving spouse.
 The descending direct line takes precedence only over the ascending
direct
line, the collateral relatives, and the State.

Art. 979. Legitimate children and their descendants succeed the parents and
other ascendants, without distinction as to sex, or age, and even if
they come from different marriages.
An adopted child succeeds to the property of the adopting parents
in the same manner as a legitimate child.
_________________
 “Direct descending line” refers to the legitimate line only.
 Within the class of legitimate children are embraced those legitimated
by
subsequent marriage (cf. natural child by legal fiction)
SUBSECTION 2
DESCENDING DIRECT LINE

Art. 979 (Adopted Child)


 An adopted child may concur with the legitimate ascendants of the
adopter (i.e., the descendant who became such by legal fiction does
not exclude the adopter’s legitimate ascendants)
>> Following Art. 343 (New Civil Code), the share of the
adopted
child shall be those of an acknowledged natural child.
 When the adopted child concurs with legitimate children and
descendants of the adopter, and with parents and ascendants, he
should be considered as a legitimate child, because this would not
in any manner affect the order of succession; the parents and
ascendants would be excluded anyway by the legitimate children
and descendants.
SUBSECTION 2
DESCENDING DIRECT LINE
Art. 980. The children of the deceased shall always inherit from him in
their own
right, dividing the inheritance in equal shares.

Art. 981. Should children of the deceased and descendants of other


children who are dead, survive, the former shall in inherit in their own
right,
and the latter by right of representation.

Art. 982. The grandchildren and other descendants shall inherit by right
of
representation, and if any one of them should have died, leaving
several heirs, the portion pertaining to him shall be divided among the
latter in equal portions. (i.e., per stirpes)

 Grandchildren do not always inherit by representation of their parents (in the estate of the
grandparents). This happens when the failure of the children (i.e., the parents of the
grandchildren)
to inherit is due to their repudiation of the inheritance, in which case, they (the parents) cannot
be represented in their parents’ (i.e., grandparents) estate. (Art. 977)
 If all the children repudiate, then the grandchildren will inherit, not by representation, but in their
own right as the relatives next in degree (cf. Art. 969).
SUBSECTION 2
DESCENDING DIRECT LINE

Art. 983. If illegitimate children survive with legitimate children, the


shares of
the former shall be in the proportions prescribed by article 895.

Art. 895. The legitime of each of the acknowledged natural children and each of the natural
children by legal fiction shall consist of ½ of the legitime of each of the legitimate
children or descendants.
The legitime of an illegitimate child who is neither an acknowledged natural, nor a
natural child by legal fiction, shall be equal in every case to 4/5 of the legitime of
an acknowledged natural child.
The legitime of the illegitimate children shall be taken from the portion of the estate
at the free disposal of the testator, provided, that, in no case shall the total legitime of
such illegitimate children exceed that free portion, and that the legitime of the surviving
spouse must first be fully satisfied.
_________________________________
 How to apply Art. 983? The legitimes of the children, legitimate and illegitimate, must
first be determined, and the disposable portion distributed among them in the
proportion established in Art. 895. The shares in the disposable portion should then
be
added to their respective legitimes.
SUBSECTION 2
DESCENDING DIRECT LINE

Art. 984. In case of the death of an adopted child, leaving no


children or
descendants, his parents and relatives by consanguinity
and not by
adoption shall be his legal heirs.
____________________
 Art. 342 (NCC) “ x x x the adopter shall not be a legal
heir of the
adopted person, whose parents by nature shall inherit
from him.”
SUBSECTION 2
ASCENDING DIRECT LINE

Art. 985. In default of legitimate children and descendants of the


deceased,
his parents and ascendants shall inherit from him, to the exclusion
of collateral relatives.

Art. 986. The father and mother, if living, shall inherit in equal shares.
Should one only of them survive, he or she shall succeed to the
entire
estate of the child.

 Should only the father or the mother be living, he or she


succeeds
to the entire estate of the child. This must be so because the
right
of representation does not obtain in the ascending line.
SUBSECTION 2
ASCENDING DIRECT LINE
Art. 987. In default of the father and mother, the ascendants nearest in
degree
shall inherit.
Should there be more than one of equal degree belonging to the same
line they shall divide the inheritance per capita; should they be of
different lines but of equal degrees, one-half shall go to the paternal
and the other half to the maternal ascendants. In each line the
division
shall be made per capita.

 When the decedent dies without children and descendants, and his
parents have predeceased him, the grandparents succeed, not by
right of representation, but in their own right.
 When ascendants succeed, division of the estate is by line, and per capita
within each line. This division, however, is subordinated to the rule of
proximity; so that if all ascendants in the nearest degree are in a single
line, nothing goes to ascendants of a farther degree in a different line.
 It is only when the ascendants in different lines are of the same degree
that there is a division by line.
SUBSECTION 3
ILLEGITIMATE CHILDREN

Art. 988. In the absence of legitimate descendants or ascendants,


the illegitimate
children shall succeed to the entire estate of the deceased.
______________
 The succession of the illegitimate children to the “entire
estate”
in Art. 988, in the absence of legitimate descendants or
ascendants,
presupposes that there is no concurring intestate heir.
 This rule must be qualified by the principle of concurrence.
Thus,
when the surviving spouse concurs in the succession with the
illegitimate children, the latter get only ½ of the estate,
because
the other half goes to the surviving spouse.
SUBSECTION 3
ILLEGITIMATE CHILDREN
Art. 989. If, together with illegitimate children, there would survive
descendants
of another illegitimate child who is dead, the former shall succeed
in
their own right and the latter by right of representation.

Art. 990. The hereditary rights granted by the two preceding articles to
illegitimate children shall be transmitted upon their death to their
descendants, who shall inherit by right of representation from their
deceased grandparent.

Art. 991. If legitimate ascendants are left, the illegitimate children


shall divide
the inheritance with them, taking ½ of the estate, whatever be the
number of the ascendants or of the illegitimate children.
SUBSECTION 3
ILLEGITIMATE CHILDREN
Art. 992. An illegitimate child has no right to inherit ab intestato from the
legitimate children and relatives of his father or mother; nor shall such
children or relatives inherit in the same manner from the illegitimate
child.

Art. 993. If an illegitimate child should die without issue, either legitimate or
illegitimate, his father or mother shall succeed to his entire estate; and
if the child’s filiation is duly proved as to both parents, who are both
living, they shall inherit from him share and share alike.

Art. 994. In default of the father or mother, an illegitimate child shall be


succeeded by his or her surviving spouse, who shall be entitled to the
entire estate.
If the widow or widower should survive with brothers and sisters,
nephews and nieces, she or he shall inherit ½ of the estate, and the
latter the other half.
SUBSECTION 4
SURVIVING SPOUSE

Art. 995. In the absence of legitimate descendants and ascendants,


and illegitimate children and their descendants, whether
legitimate or
illegitimate, the surviving spouse shall inherit the entire estate,
without
prejudice to the rights of brothers and sisters, nephews and nieces,
should there be any, under article 1001.
____________________
 Marriage in articulo mortis - - - reduction in legitime of the SS
when the
other spouse dies within three months after the celebration in
articulo
mortis.
This principle is not carried over in to the law of intestate
succession.
SUBSECTION 4
SURVIVING SPOUSE

Art. 996. If the widow or widower and legitimate children or descendants


are
left, the surviving spouse has in the succession the same share as
that of each of the children.
___________________
 The share of the SS should always be computed in relation to the share
of the children of the deceased, even if only grandchildren and other
descendants survive.
 The SS should always be considered as on child in the division of the
estate.
 Partial Intestacy. – In case of partial intestacy in such a situation (1
child)
the testamentary dispositions must be taken from the share of the
surviving spouse, without, however, impairing his legitime.
SUBSECTION 4
SURIVING SPOUSE

Art. 997. When the widow or widower survives with legitimate parents
or
ascendants, the surviving spouse shall be entitled to ½ of the
estate,
and the legitimate parents or ascendants of the other half.

_____________________________
 In the case contemplated by this article, the intestate share of the
legitimate parents and ascendants is limited to their legitime, but
the
share of the surviving spouse is double his legitime.
 (Following the above) In case of partial intestacy, the devises,
legacies and
other testamentary dispositions must be taken from the intestate
share
of the SS, without prejudice to his legitime.
SUBSECTION 4
SURIVING SPOUSE

Art. 998. If a widow or widower survives with illegitimate children, such


widow
or widower shall be entitled to ½ of the inheritance, and the
illegitimate children or their descendants, whether legitimate or
illegitimate, to the other half.
_____________________
 What if there is partial intestacy?
Under Art. 884, the legitime of the SS is 1/3 of the estate, and
that of
the illegitimate children, also 1/3. In case of partial intestacy,
therefore,
the legacies, devises, and other testamentary dispositions must be
taken
equally from the intestate shares provided by Article 998, without
impairing the legitime.
SUBSECTION 4
SURIVING SPOUSE
Art. 999. When the widow or widower survives with legitimate children or
their
descendants and illegitimate children or their descendants, whether
legitimate or illegitimate, such widow or widower shall be entitle
to the
same share as that of a legitimate child.

Art. 1000. If legitimate ascendants, the surviving spouse and illegitimate


children
are left, the ascendants shall be entitled to ½ of the inheritance, and the
other half shall be divided between the SS and the illegitimate children
so that such widow or widower shall have ¼ of the estate, and the
illegitimate children the other fourth.

Art. 1001. Should brothers and sisters or their children survive with the
widow or
widower, the latter shall be entitled to ½ of the inheritance and the
brothers and sisters or their children to the other half.
SUBSECTION 4
SURIVING SPOUSE

Art. 1002. In case of legal separation, if the surviving spouse


gave cause for
the separation, he or she shall not have any of the
rights granted in
the preceding articles.
SUBSECTION 5
COLLATERAL RELATIVES
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a
surviving spouse, the collateral relatives shall succeed to the entire
estate of the deceased in accordance with the following articles.
Art. 1004. Should the only survivors be brothers and sisters of the full blood,
they shall inherit in equal shares.
Art. 1005. Should brothers and sisters survive together with nephews and
nieces,
who are the children of the decedent’s brothers and sisters of the full
blood, the former shall inherit per capita, and the latter, per stirpes.
Art. 1006. Should brothers and sisters of the full blood survive together with
brothers and sisters of the half blood, the former shall be entitled
to a share double that of the latter.
Art. 1007. In case brothers and sisters of the half blood, some on the
father’side
and some on the mother’s side, are the only survivors, all shall
inherit
in equal shares without distinction as to the origin of the property.
Art. 1008. Children of brothers and sisters of the half blood shall succeed
per capita or per stirpes, in accordance with the rules laid down for
brothers and sisters of the full blood.
SUBSECTION 4
COLLATERAL RELATIVES

Art. 1009. Should there be neither brothers nor sisters, nor


children of brothers
or sisters, the other collateral relatives shall succeed
to the estate.
The latter shall succeed without distinction of lines or
preference
among them by reason of relationship by the whole
blood.

Art. 1010. The right to inherit ab intestato shall not extend


beyond the 5th degree
of relationship in the collateral line.
SUBSECTION 6
THE STATE

Art. 1011. In default of persons entitled to succeed in


accordance with the
provisions of the preceding Sections, the State shall
inherit the whole
estate.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION

Art. 1015. Accretion 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.
____________________
 The right of accretion is based upon the presumed will of the decedent.
When the testator leaves one specific thing to 2 or more persons,
without
express designation of shares, undoubtedly he gives to these persons
a
preference over the thing given. Naturally, when one of the persons
designated repudiates or is incapable of succeeding, the law,
respecting
the will of the testator, gives the vacant shares to the co-participant.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION

 On the other hand, should the testator designate a substitute or


substitutes for the persons he has instituted, then in case one of
them should repudiate
or be incapable of receiving his corresponding share, the right of
accretion
shall not take place.

Art. 1016. In order that the right of accretion may take place in a
testamentary
succession, it shall be necessary:
(1) That two or more persons be called to the same inheritance,
or to the
same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or
renounce
the inheritance, or be incapacitated to receive it.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION

Art. 1018. In legal succession the share of the person who repudiates the
inheritance shall always accrue to his co-heirs.

______________________
 One of the requisites in order for the right of accretion to obtain is
that
there should be a vacant share.
 In cases of intestacy, however, there cannot be a vacant share, in the

strictest meaning of the term. Therefore, whether there is accretion

or not, the result will be the same.


 The right of accretion does not really affect the shares that go to the
legal heirs who ultimately succeed.
 In case of predecease of a co-heir in intestate succession, there is no
accretion. The survivors are called to the succession in their own
right
or by right of representation.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION

Art. 1017. The words “one-half for each” or “in equal shares” or any others
which, though designating an aliquot part, do not identify it by such
description as shall make each heir the exclusive owner of determinate
property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not
earmarked, there shall be a right of accretion.
___________________
 (1) “I leave 1/3 of my estate to A, 1/3 to B, and the other third to C
and D. Accretion only between C and D, none to A and B, nor as
as between C or D and A or B.
 When heirs are instituted collectively and together to the inheritance or
some portion thereof in such a manner that there is created a condition
of co-ownership or indivision in which each has an equal participation
clearly indicating the intention of the testator to give them the portion
as a single unit, accretion will take place, whether or not the testator has
expressly stated such equality in participation.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION

Art. 1019. The heirs to whom the portion goes by the right of
accretion take it
in the same proportion that they inherit.

Art. 1020. The heirs to whom the inheritance accrues shall succeed
to all the
rights and obligations which the heir who renounced or could not
receive it would have had.

Art. 1021. Among the compulsory heirs the right of accretion shall
take place
only when the free portion is left to two or more of them, or to any
one of them and to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall
succeed to it in their own right, and not by the right of accretion.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION

Art. 1022. In testamentary succession, when the right of


accretion does not
take place, the vacant portin of the instituted heirs, if
no substitute has
been designated, shall pass to the legal heirs of the
testator, who shall
receive it with the same charges and obligations.

Art. 1023. Accretion shall also take place among devisees,


legatees and
usufructuaries under the same conditions established
for heirs.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 2
CAPACITY TO SUCCEED BY WILL OR INTESTACY

Art. 1024. Persons not incapacitated by law may succeed by will


or ab intestato.
The provisions relating to incapacity by will are equally
applicable
to intestate succession.

Art. 1025. In order to be capacitated to inherit, the heir, devisee


or legatee must
be living at the moment the succession opens, except in case
of
representation, when it is proper.
A child already conceived at the time of the death of the
decedent
is capable of succeeding provided it be born later under the
conditions prescribed in Article 41.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 2
CAPACITY TO SUCCEED BY WILL OR INTESTACY

Art. 1027. The following are incapable of succeeding:


(1) The 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) The relatives of such priest or minister of the Gospel within the 4 th
degree, the church, order, chapter, community, organization, or
institution
to which such priest or minister may belong;
(3) A 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;
nevertheless, any provision made by the ward in favor of the guardian
when the latter is his ascendant, descendant, brother, sister, or spouse,
shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, paretns, or
children, or any one claiming under such witness, spouse, parents or
children