Please enable JavaScript.
Coggle requires JavaScript to display documents.
IV. Intestate Succession (960-969) - Coggle Diagram
IV. Intestate Succession (960-969)
A. General Provisions (960)
B. Intestacy
C. Order of, and Share In, Intestate
D. Representation (970-977)
Nature
(970) - A right by virtue of which a representative is raised to the place and the degree of the person represented. This results in said representor acquiring the rights of the representee.
When Existing
-
Predecease
(testate/intestate)
Incapacity
(testate/intestate)
Disinheritance
(testate succession)
Scope -
Intestate Succession
- Covers all that the persons represented would have inherited.
Testate Succession
- Only the legitime. There is no right to represent a voluntary heir. The legitime can be received by representation as it goes to the heirs by operation of law.
Adoption
- An adopted child cannot be represented, and they cannot also represent. This is because there is no filiation between the adopted child and the parent of the adopted. Instead, legal filiation between the adopted and adopter.
Requisite of Capacity (973)
- The representative may be capable of succeeding the DECEDENT.
Succession to Whom (971) -
The representative succeeds the person whom the person represented would have succeeded.
When Proper (972)
- Succession takes place in the direct descending line, never in the ascending line.
Collateral line
- Takes place only in favor of the children of brothers or sisters, whether full or half blood.
Representation of Collateral line (975) -
Nephews & Nieces - If the children of one or more brothers or sisters of the deceased survive with their uncles and aunts they shall inherit from the deceased by representation.
If the children alone survive, they shall inherit in equal portions.
Scope
- Applies in all cases where representation is proper, even if it only says predecease.
Effect of Representation (974)
- When there is succession by representation, the division of the state 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.
Classifications of Inheriting
-
Per Stirpes
- Inheritance by group, with everyone in the group inheriting in equal shares.This answers the division of the inheritance. The entire group splits what the represented would have inherited.
1a.
Per Capita
- Per capita means that the beneficiary’s inheritance would be divided evenly amongst any surviving beneficiaries. No representation.
By Representation
or Own Right - This answers the question of how the person inherits in the first place.
Per Stirpes - Equal Shares
Right of Renouncer to Represent (976)
- A person may represent him whose inheritance he has renounced.
Repudiating Heirs (977)
- Heirs who repudiate their share may not be represented.
1 more item...
Rule
- A renouncer may represent, but they may not be represented.
1 more item...
Biological & Adoptive parents share half and half of the estate of the adoptive child.
Representation by the Adopter - No representation because the relationship is between the adopter and the adoptee.
Legitimacy -
If the person to be represented is an illegitimate child, then his descendants, whether legitimate or illegitimate, may represent him;
however, if the person to be represented is legitimate, his illegitimate ascendants cannot repre- sent him because the law provides that only his leg
XCPN (Suntay v. IAC) - If, illegitimate grandchild is adopted.
Repudiation - If descendants of illegitimate child repudiate, then cannot inherit in their own right due to iron curtain rule.
Example - A is the father of B, B has two children, illegitimate C, legitimate child D. If B repudiates, then:
Illegitimate si B - C and D can
Legitimate si B - C barred by iron curtain
No more iron curtain rule Children, regardless of their parents' marital status, can now inherit from their grandparents and other direct ascendants by right of representation
E. Order of Intestate Succession
Direct Line
Descending Direct Line (978-984)
- Excludes ascendants & collaterals, concurs with illegitimate children & spouse.
Ascending Direct Line (985-987)
- Inherits only if there are no legitimate descendants. Excludes collaterals, but concurs with spouse & Illegitimate Children.
Legitimacy (985)
- This refers to parents and ascendants who are legitimate.
2 more items...
Legitimate Children/Descendants (979) -
Legitimate children & descendants succeed the parents/other ascendants without distinction, even if they come from different marriages.
Legitimated Children
- This covers legitimate children i.e., children who are legitimated by subsequent marriage. The effect of legitimation of children who died before the celebration of marriage shall retroact and benefit their descendants (FC 181)
2 more items...
Illegitimate Children (983) -
If concurring with legitimate children, same portion as Art.895 (1/2 of share of 1 LC)
Illegitimate Children Arts 989-994
Surviving Spouse (995-1002)
Collateral Relatives (1003-1010)
- Intestate, but not compulsory heirs.
2 more items...
Inheritance of Entire Estate (995)
- Inherits the entire estate without prejudice to rights of brothers/sisters nephews/nieces in the absence of any:
Legitimate - Descendants/ascendants
Illegitimate - Children/descendants
2 more items...
Inheritance of Whole Estate (988)
- In the absence of legitimate DESCENDANTS OR ASCENDANTS, the illegitimate children succeeds the entire estate.
Representation of Illegitimate Child (989)
- Applies also in case of incapacity. Here, descendants of illegitimate child succeed by right of representation.
2 more items...
Order of Preference (978)
Succession pertains in the first place to the descending line.
Descendants
Ascendants
Collateral
Compulsory Heirs
- General rule, the nearer excludes the farther. However, the other compulsory heirs i.e., surviving spouse, illegitimate children inherit together with the legitimate descendants.
Reserva Troncal (891)
Purpose
-
Principal Purpose – to prevent the patrimony of a family from passing, through the accident of succession, to outsiders, enriching them at the expense of members of the family of origin who might be more economically disadvantaged
Secondary Purpose – to pay homage to the affinity that the property has for its origin and to the family’s patrimony.
Requisites
-
GRATUITOUS ACQUIRED
- That the property was acquired by a descendant from an ascendant or from brother or sister by GRATUITOUS TITLE
DEATH/ISSUE
- That the said descendant died without an issue
INHERITED
- That the property was inherited by another ascendant by operation of law (NOT testamentary succession)
RELATIVES 3rd Degree
- That there are relatives within the third degree belonging to the line from which said property came.
Effect (Sienes v. Esparcia)
- Creates (2) resolutory conditions
The death of the ascendant obliged to reserve
The survival, at the time of his death, of relatives within the third degree belonging to the line from which the property came
2 more items...
Relatives that can be reservatarios:
Brothers or sisters
Nephews or nieces
Uncles and aunts
Grandparents (if they are still living, and no legitimate descendants
Transfers -
First transfer – from a person to his descendant, brother or sister through gratuitous title, reducible either to donation or succession.
Second transfer – from descendant to ascendant other than the prior transferor (Here, reserva is created)
Third transfer – from the ascendant to the relatives within the third degree belonging to the line from which said property came.
RESERVA-MAXIMA AND RESERVA MINIMA - a problem will arise these elements concur:
The Prepositus acquires property by gratuitous title from the origin or mediate source
The Prepositus has other properties of his own (which he did not acquire from the mediate source)
The Prepositus makes a will instituting the ascendant-reservista, as a compulsory heir, to a part of his estate
There is a mixture of properties left in the Prepositus’ estate (from mediate source and those of his own), which will
pass to the ascendant-reservista by operation of law
Thus, the properties will pass to the reservista by will and by operation of law
2 more items...
R3LO -
GOAL
Definition
- It is succession which takes place, IN DEFAULT OF, a valid will.
-Intestacy is the least preferred/important among the three modes of succession, but is the most common.
-This is the most frequent kind of succession which operates, after compulsory succession, because Filipinos rarely bother to make a will.
When Instetacy is Proper (960)
If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
When the will does not institute an heir to, or dispose 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;
When the heir instituted is incapable of succeeding, except in cases provided in this Code.
Scope
- May be total or partial.
Total
- No testamentary disposition at all
Partial
- when the will disposes only a part of it.