INHERITANCE / OBJECT OF SUCCESSION:
- Includes all the property, (TRANSMISSIBLE) rights and obligations (EXISTING AT THE TIME OF HIS DEATH) of a person which are NOT DISTINGUISHED by death.
- Those which have accrued thereto since the opening
- The heir is not liable beyond the value of the property he received from the decedent.
- All things which are not outside the commerce of men, including FUTURE THINGS (not future inheritance)
*** Future things are those which do not belong to the obligor at the time the contract is made but may be made, raised, or acquired by him after the perfection of the contract. It includes also future rights.
- All services which are not contrary to law, morals, good customs, public order or public policy
- Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same.
PRESUMPTIVE DEATH:
- Absence of 10 years
- If disappeared at the age of 75 years – absence of 5 years will be sufficient
- Judicial declaration is not necessary
- Absence of 4 years, if or due to;
a. On board a vessel lost during sea voyage
b. Aeroplane which is missing
c. Person in the Armed Forces who has taken part in war
d. Person who has been in danger of death under other circumstances and his existence has not been known for 4 years.
- Rule on Survivorship can not be invoked as it is not applicable in succession.
- However, proof as to who died first may be supported by testimony of a witness who is at the same time a survivor.
- The death is considered to have taken place on the last day of the period of absence required by law.
REQUISITE FOR TRANSMISSION OF SUCCESSIONAL RIGHTS:
EXPRESS WILL of testator or PROVISION OF LAW
DEATH of the person whose property is the subject of succession
ACCEPTANCE of the inheritance
QUALIFICATIONS OF TESTATOR:
All persons who are not expressly prohibited by law.
Persons 18 years of age and above, of either sex.
Of sound mind at the time of execution.
Married woman even without the consent of the husband and without the authority of the court.
Provided; A married woman may dispose by will all her SEPARATE PROPERTY as well as HER SHARE of the conjugal partnership or absolute community property.
WHO MAY SUCCEED:
Person not incapacitated by law to succeed.
*** Incase of person who committed acts of unworthiness, he may still validly inherit, if at the time of execution of the will the testator had knowledge to it and still designated him as heir in the will – such is the case of CONDONATION. However, condonation in order to be immediately operative and irrevocable it must be in writing, otherwise the subsequent revocation of the will shall render the pardon ineffective.
Must have legal existence or juridical personality.
Must be living at the moment succession opens, except in case of representation when it is proper.
*** rights to the succession are transmitted from the moment of the death of the decedent.
Child already conceived AT THE TIME OF THE DEATH of the decedent, provided the following conditions;
If ALIVE at the time it is COMPLETELY DELIVERED from the mother’s womb.
If had an intra-uterine life of LESS THAN 7 MONTHS, it is not deemed born if it dies within 24 hrs after its complete delivery from maternal womb.
State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes.
All other corporations or entities, unless there is a provision to the contrary in their charter or the laws of their creation.
Church or denomination- should the testator dispose of whole or part of his property for prayers or pious works for the benefit of is soul, in general terms and without specifying its application.
Poor living in the DOMICILE (at the time of his death) of the testator if the testamentary provisions is in favor of the poor in general, without designation of particular persons or of any community, unless the intention is otherwise.
INCAPABLE OF SUCCEEDING: PROGAPI
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.
RELATIVES of such priest or minister of gospel within the 4th civil degree, THE CHURCH, ORDER, CHAPTER, COMMUNITY, ORGANIZATION, or INSTITUTION to which such priest or minister may belong.
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.
ATTESTING WITNESS to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children.
PHYSICIAN, SURGEON, NURSE, HEALTH OFFICER or DRUGGIST who took care of the testator during his last illness;
INDIVIDUALS, ASSOCIATIONS and CORPORATIONS not permitted by law to inherit.
BY REASON OF UNWORTHINESS;
Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue;
Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
Any person who has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more, if the accusation has been found groundless;
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation;
Any person convicted of adultery or concubinage with the spouse of the testator;
Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made;
Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter’s will;
Any person who falsifies or forges a supposed will of the decedent.
*** Incapacity by reason of unworthiness is NOT ABSOLUTE, it does not disqualify a person to succeed every other person, but merely disqualifies him to succeed the particular person against whom the act of unworthiness has been committed.
ACCEPTANCE AND REPUDIATION:
- Purely voluntary and free act
- Effect shall always retroact to the moment of the death of the decedent
- No person may accept or repudiate unless he is CERTAIN OF THE DEATH of the person from whom he is to inherit
- He must likewise be CERTAIN OF HIS RIGHTS to the inheritance
- Any person having a free disposal of his property may accept or repudiate an inheritance
- Parents or guardians may accept inheritance in behalf of minors or incapacitated person (no need for judicial approval)
- Parents or guardians may repudiate inheritance left to their wards ONLY BY JUDICIAL AUTHORIZATION.
***NOTE: Even in the case of person who is not a minor but under guardianship, his guardian may only repudiate with judicial approval. Such is the case of DEAF-MUTE who does not know how to read and write.
- In case of inheritance to the poor, it may be accepted by:
The person designated by the testator to determine the beneficiaries and distribute the property
In default of (a) the Executor
If there be no Executor, the Justice of peace, the mayor and the municipal treasurer
- LAWFUL REPRESENTATIVES of corporations, associations, institutions and entities QUALIFIED TO ACQUIRE property may accept inheritance; in order to repudiate the same, approval of the court shall be necessary.
- Public official establishments MAY ONLY ACCEPT OR REPUDIATE with the approval of the government.
- Married woman may repudiate without the consent of the husband
- DEAF-MUTES WHO CAN READ AND WRITE may accept or repudiate inheritance, personally or through an agent.
- The GUARDIANS of DEAF-MUTES WHO CAN NOT READ AND WRITE may accept or repudiate the inheritance with judicial approval.
- Acceptance may be express or tacit
- Express – made under public or private document
- Inheritance is deemed accepted;
a. If the heir sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them.
b. If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heir;
c. If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted.
***NOTE: WITHIN 30 DAYS AFTER the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify whether they accept or repudiates the inheritance, if they failed to do so within that time, they are deemed to have accepted the inheritance.
- Repudiation may be made;
a. in a public or authentic instrument
b. by petition presented to the court having jurisdiction over testamentary or intestate proceedings
- Repudiation may take place even BEFORE ACCEPTANCE because of vested rights.
- A creditor may petition to the court to authorize him to accept the inheritance in the name of heir, if such heir repudiates in the prejudice of said creditor.
- The acceptance shall benefit the creditor only up to the extent sufficient to cover the amount of credits. The excess, should there be any, should pertain to the renouncer.
- In case of SEVERAL HEIRS, some of them may accept and the others may repudiate it.
- If the HEIR should DIE without having accepted or repudiated the inheritance his rights shall be transmitted to his heirs.
- In case of an heir by WILL AND AB INTESTATO
a. If he repudiated his capacity as a testamentary heir, he is understood to have repudiated BOTH.
b. If he repudiated as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity.
- Acceptance or repudiation, once made, is IRREVOCABLE and CANNOT BE IMPUGNED, except when it was made through any of the causes that vitiate consent, or when an unknown will appears.
LEGAL OR INTESTATE SUCCESSION TAKES PLACE:
If the PERSON DIES
without a will
or with a void will
or one which subsequently lost its validity
OR WHEN
the will does not institute an heir
***A will does not contain institution of an heir does not invalidate the will. Art. 841 provides that, a will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. In such cases the testamentary dispositions made in accordance with the law shall be complied with and the remainder of the estate shall pass to the legal heirs.
the will does not disposes 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.
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 SUBSTITUTION,
- and NO RIGHT OF ACCRETION takes place.
Heir instituted is incapable of succeeding, except in cases provided by law
Happening of a RESOLUTORY CONDITION.
Expiration of the term or period of institution
In case of PRETERITION or the annulment of institution of heir
PRESCRIPTION OF ACTION:
- Action for declaration of incapacity and
- For the RECOVERY of inheritance, devise or legacy
- Shall be brought WITHIN 5 YEARS
- from the time the disqualified person took possession thereof
- It may be brought by ANY ONE who may have an interest in the succession
QUALIFICATION OF WITNESS:
ANY PERSON;
Of sound mind
Of age of 18 years or more
not blind, deaf or dumb
able to read and write
Domiciled in the Philippines
Have not been convicted of falsification, perjury or false testimony.
DISQUALIFICATION OF WITNESS:
Any person not domiciled in the Philippines
Those who have been convicted of falsification of a document, perjury or false testimony.
****WITNESS TO THE WILL
- If competent at the time of ATTESTING, their becoming SUBSEQUENTLY INCOMPETENT shall not prevent the allowance of the will.
- DEVISEE or LEGACY, or spouse, parent or child of such devisee or legacy is not disqualified by law to become witness to the will. If he is credible, and not disqualified under the law, he is a competent witness; but the devise or legacy in his favor, or in favor of his spouse, parent or child, WILL BE VOID. This also applies to an Instituted heir, or his spouse, parent or child. (Tolentino)
- CREDITORS may be a competent witness to the will, as the mere charge on the estate of the testator for the payment of debts due at the time of the testator’s death does not prevent his creditors from being competent witnesses to his will.
- The law requires DOMICILED in the Philippines, mere residence is not enough. Domicile pertains to the place of HABITUAL RESIDENCE. However, this requirements applies only to WILLS EXECUTED IN THE PHILIPPINES.
- ALIENS, provided domiciled in the Philippines, may be a witness as Citizenship is not a requirement for witnesses to a will.
- Conviction for any other crime is not a disqualification.
- NOTARY PUBLIC BEFORE WHOM THE WILL WAS ACKNOWLEDGED cannot be a considered as the third instrumental witness since he cannot acknowledge before himself his having signed the will. However, if the will is not being acknowledge before him he may be a witness to the will, provided he possesses all the qualifications of a competent witness.
REVOCATION OF WILL:
By implication of law
By some will, codicil, or other writing executed as provided in case of wills; or
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. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the rules of court.
CODICIL
- is a supplement or addition to a will
- made AFTER the execution of a will
- annexed to be taken as a part thereof
- by which any disposition made in the original will is explained, added to, or altered
- In order to be effective, it shall be executed as in the case of a will.
WHEN CAN A DOCUMENT OR PAPER INCORPORATED TO A WILL CONSIDERED AS CODICIL:
The document or paper referred to in the will must be in existence at the time of the execution of the will;
The will must clearly describe and identify the same, stating among other things the number of pages thereof;
It must be identified by clear and satisfactory proof as the document or paper referred to therein; and
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.
REPUBLICATION AND REVIVAL OF WILLS:
- Testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form.
- Execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
- If AFTER making a will, the testator makes a SECOND WILL expressly REVOKING THE FIRST, the revocation of the second will DOES NOT revive the first will, which can be revived ONLY BY ANOTHER WILL or CODICIL.
REQUIREMENTS FOR PROBATE:
( in the probate of a holographic will )
At least 1 witness who knows the handwriting and signature of the testator
- explicitly declare that the will and the signature are in the handwriting of the testator.
If the will is contested, at least 3 of such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to.
DISALLOWANCE OF WILLS:
If the formalities required by law have not been complied with;
If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;
If it was executed through force or under duress, or the influence of fear, or threats;
If it was procured by undue and improper pressure and influence, on the part of the beneficiaries or of some other person;
If the signature of the testator was procured by fraud
If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto.
***VIOLENCE (Art. 1335)
- When in order to wrest consent, serious or irresistible force is employed.
***INTIMIDATION (Art. 1335)
- When one of the contracting parties
- is compelled by a reasonable and well grounded fear of an imminent and grave evil
- upon his person or property, or
- upon the person or property of his spouse, descendants or ascendants,
- to give his consent
***UNDUE INFLUENCE (Art. 1337)
- When the person takes improper advantage of his power
- Over the will of another,
- Depriving the latter of a reasonable freedom of choice.
***FRAUD (Art. 1338)
- When through insidious words
- Or machinations of one of the contracting parties,
- The other is induced to enter into a contract
- Which, without them, he would not have agreed to.
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