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Succession - Week I. Concept and General Provisions - 774-782 - Coggle…
Succession - Week I. Concept and General Provisions
- 774-782
Disinheritance
- The legitime is protected unless w valid disinheritance
Preterition
- Preterition is total omission from the inheritance, without the heir being expressly disinherited. This does not apply when the same heir has received something from the estate, no matter how large.
A. Definition and Concept of Succession
B. Elements of Succession
C. Basis for Succession (774)
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D. Subjects of Succession (775)
E.
Objects of Succession (603, 1830 par. 5, 1919 par. 3, 1939 par. 1)
F. Opening of Succession (777)
- Opens from the moment of the death of the decedent.
G. Kinds of Succession (778-780)
Kinds; as to Will (778)
Testamentary Succession
- A succession by will
Intestate Succession
- Succession without a will.
Mixed Succession
- A combination of any two or all of the first three
Compulsory
- Not in 778.
Petition to Probate (Rodriguez v. Borja)
- even without a petition for probate, so long as will submitted to the court, the court has jurisdiction over the will.
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Forms of Testamentary Succession
- via a will or codicil.
Notarial
- This is ordinary, attested, or acknowledged
Holographic
- Handwritten from beginning to end, complete with a date and signature.
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As to Transferee
Compulsory Succession
- refers to the legitime. Nevertheless, heirs may repudiate.
Voluntary Succession
- Refers to the disposable portion of the estate.
As to Rights and Obligations Involved
Universal Succession
- All juridical relations involving the deceased
Particular Succession
- Specific items or properties only
Contractual Succession (778)
- Marriage settlement, where the husband and wife agrees to give their future property to each other in the event of death, as they may validly dispose of in a will.
Distinguished from Delivery (NCC 1042)
- Succession transfers ownership, not delivery. Under NCC 1042, acceptance by an heir of the inheritance retroacts to the moment of death.
Repudiation
- Repudiation of inheritance also retroacts . It is as if there was no transfer of ownership in the first place.
Sps. Salitiko v. Heirs of Felix - Check for effects of repudiatio.
Mode of Death
- Actual or presumptive death.
Presumed Death
- Can refer to two kinds of presumed death under the law.
Ordinary Absence
- When the absentee disappears under normal circumstances i.e., no danger or idea of death.
General Rule
- Presumed death at the end of 10 years, from the date of disappearance.
Exception (NCC 399)
- If the absentee is above the age of 75, he will be presumed dead at the end of 5 years.
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Extraordinary Presumption
- Caused by an extraordinary/qualified absence. Here, succession occurs at the time of disappearance, but division of estate ONLY after 4 years.
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Rights arising from Transmission (777)
Right to Support
- the heirs are entitled to allowance for their support, which is chargeable against the estate.
Right to Dispose (Sps. Salitiko v. Heirs of Felix)
- The heirs own the property, subject to the decedent's liabilities. Thus, they may dispose of the property, even if it is still under administration or, probate proceedings are ongoing. However, subject to resolutory condition that the disposition is not excessive.
Future Inheritance
- An inchoate right, that which may be eventually received from a person still alive, or properties/rights not yet in existence or not yet capable of determination at the time the contract is made.
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An heir may dispose and transfer his/her hereditary share to another person, before the transferee may compel the issuance of a new certificate of title covering specific property in his/her name, a final order of distribution of the estate or the order in anticipation of the final distribution issued by the testate or intestate court must first be had.
Right to Assignment/Distribution of the Estate
- This occurs AFTER the payment of debts and expenses.
Administration of the Estate
- Generally, if all heirs are of legal age and no debts to settle, no need to appoint an administrator. Heirs can administrate directly.
Duty to Render an Account (Pascual et al v. Santiago et al)
- The administrator has a duty to render an accounting of the estate. Must present items of expenditure to the court.
Court's Duty to Assess the Inventory (Chua v. Absolute Management Corp)
- Trial court has to check if the administrator lists all the required properties, rights and credits. May determine what properties rights and credits should be included or excluded from the inventory.
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Nature of Duty (Joson v. Joson)
- This is not merely incidental to an administration proceeding, but must be performed and acted upon the court before the administration may be terminated.
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Expenses of Administration
- borne by the properties under administration or, income therefrom. This covers attorney's fees. The heirs are liable proportionately for the expenses if they already had been given their shares.
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Effect of Appointment of Administrator
- The heirs must surrender property, even if they are in possession to a judicial administrator.
Intervention by Heirs
- Heirs may intervene in judicial proceedings if they believe that the actions of the administrator are detrimental to their rights. e.g., when administrator is sued, failure to present defenses allows the heirs to intervene.
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Mutual Possession of Property
- In effect, administrator possesses as a holder. Heirs are owner-possessors via the administrator. Thus, all contracts entered into by the administrator also make the heirs a party thereto.
Right to Redemption (Butte)
- Heirs have a right to redeem as co-owners, even if there is already a judicial administrator.
Personality of the Estate (Limjoco v. Intestate Estate of Pio Fragante)
- An estate must be considered as an artificial or juridical person for the purposes of the settlement and distribution of his estate. Thus, it has a legal personality independent of the heirs. It is the estate or the mass of property, rights, and assets left by the decedent, instead of the heirs directly, that becomes vested and charged with his rights and obligations which survive after his demise.
General Rule
- In favor of transmissibility.
Patrimonial Rights
- Rights relating to real property. Action in rem
Contractual Obligations
Personal Rights
- Rights relating to the person themselves. Action in personam
Exceptions
- Strictly personal rights or obligation i.e., those that are extinguished by death.
Usufruct
Partnership
Agency
Commodatum
Purely Personal Rights (1311)
- Those obligations that may not be passed, either by nature, by law or by stipulation.
Survival of Actions Instituted by Decedent (Cruz v. Cruz)-
Property
- if it primarily involves property, the action survives. (Queting of Title)
Personal Damage
- If it primarily involves personal damage, and property is incidental, the action is extinguished. (legal separation)
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Special proceeding
- if there is a special proceeding to settle the estate, then that special proceeding determines everything related to the estate. This covers the distribution of the estate, computation of debts, etc.
Rights of Heirs to maintain Actions (Treyes v. Larlar)
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GENERAL RULE
- the compulsory or intestate heirs may commence an ordinary civil action, in the enforcement of their ownership rights acquired by virtue of succession (ex. to declare the nullity of a deed or instrument, and for recovery of property), without need for a prior and separate judicial declaration of their status
EXC
: there is a pending special proceeding for the settlement of the decedent's estate. (under RoC, testate/intestate proceedings are special proceedings)
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Other Instances of Non-Transmission
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Repudiation
- heir repudiates the inheritance
Incapacity
- The heir is incapacitated.
Predecease
- The heir predeceases the testator.
After-Accrued Properties (781)
- The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. Technically, not part of the inheritance as they acquire the properties by virtue of their ownership NOT by succession
Right of Disposition (Maria Vda. de Reyes v. CA)
- A co-heir may validly dispose of their share at the moment of succession provided, that the portion is eventually allotted to him in the division upon termination of the co-ownership.
Decedent (775)
- A general term, applied to the person whose property is transmitted through succession. If he left a will, they are referred to as the testator. If none, then intestate.
Persons Subject of Succession(782)
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Heir
- A person called to the succession by provision of a will or, by operation of law.
Devisees/Legatees
- Persons to whom gifts of real and personal property are respectively given by virtue of a will.
Kinds of Heirs -
Compulsory
- Inherits regardless of a will. They are entitled by law. Here, there is representation.
Voluntary/Testamentary
- Inherit by virtue of a will. These are created by the will of the
Legal/Intestate Heirs
- Non-compulsory heirs that inherit because of the lack of a will.
Dual Status Heirs
- When a compulsory heir is given more than their legitime. Here, allowed to inherit up to the free portion of the will (Inheritance - legitimes - debts)
Compulsory Heir
- cannot be deprived of the legitime UNLESS there is a valid disinheritance.
As to extent of Inheritance
- These may be compulsory, or voluntary heirs.
Universal Heirs
- Succeed all the properties, rights and obligations.
Aliquot Heirs
- Succeed part of the properties, rights and obligations.
Effect of Death (856) -
Voluntary Heir
- A voluntary heir who dies before the testator transmits nothing to his heirs.
Compulsory Heir
- A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. (766a)
Effect of Preterition (854)
- In preterition, an instituted voluntary heir gets nothing. A legatee or devisee still gets the property, so long as the legitime is not impaired.
Preterition
- Preterition is total omission from the inheritance, without the heir being expressly disinherited. This does not apply when the same heir has received something from the estate, no matter how large.
Classification as to Form of Property -
These exist ONLY in testamentary succession.
Devisee
- Real property
Legatee
- Personal property
Requirement of Capacity (1025 & Butte)
- 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.
Natural Law
- Obliges a person to provide for those they leave behind. Consequence of family relations. This recognizes the natural law of consanguinity.
Socio-Economic
- To prevent wealth from becoming inactive or stagnant.
Elements of Succession (774) -
MODE
- of acquisition/ownership
ANOTHER
- Transmission to another
WILL/LAW
- Transmission by will or operation of law.
DEATH
- through death
TRANSFER
- of property, rights, and obligations to the extent of the value of the inheritance of a person;
Elements for Transmission -
EXPRESS WILL
- of the testator, within the limits prescribed by law, calling certain persons to succeed him, on in the absence of a will, the provision of the law prescribing the presumed will of the decedent;
DEATH
- of the person whose succession is in questions;
ACCEPTANCE
- of the inheritance by the person called to the succession
Definition;Succession (774 & 776)
- A mode of acquisition of ownership. One of the (7) legally recognized modes. The transmission occurs at the death of the decedent.However, in its generic sense, just refers to the transmission of rights and properties from one person to another.
Other modes of acquiring ownership (NCC 712) -
Occupation
Intellectual creation
By law
By donation
By testate and intestate succession
By tradition
By prescription
As Distinguished nheritance
- What is transmitted at the time of death. Includes all the property, rights, and obligations of a person which are not extinguished by his death.
Pecuniary Obligations (1311 & 774)
- Money obligations of the decedent pass to the heirs ONLY to the extent that they inherit from them.
How Enforced
- However, under RoC 88-90, the proper way of enforcing these obligations is to file a complaint before the estate directly. Otherwise, the claims are barred.
When Vested (777)
- Occurs immediately upon the death of the decedent. Thus, the law in force at the time of death is controlling. Similarly, upon death the heirs have the ability to dispose of properties and have a right to be substituted as a party in cases filed by the deceased.
Administration (776)
- The process of dealing with the deceased's property according to law.
Flow of Transmission (NHA v. Almeida)
- Death --> Estate ---> Heirs. The will must be transmitted to the probate court, for settling of debts by the decedent.
Succession Inter-Vivos
- Refers to succession effected during the lifetime of a person, such as in donations inter vivos.
Technical Definition
- Succession int he Civil Code refers to succession mortis causa, the transmission of rights, property and obligations at the time of death.