The document outlines succession rules and orders for both legitimate and illegitimate lines of succession. It also covers testate and intestate legitime shares, which determine the compulsory heir shares. Various exemptions to legitime rules are provided. Methods for revoking wills include implication of law, subsequent will/codicil, and overt acts. The order of preference for paying claims against an estate is also explained.
The document outlines succession rules and orders for both legitimate and illegitimate lines of succession. It also covers testate and intestate legitime shares, which determine the compulsory heir shares. Various exemptions to legitime rules are provided. Methods for revoking wills include implication of law, subsequent will/codicil, and overt acts. The order of preference for paying claims against an estate is also explained.
The document outlines succession rules and orders for both legitimate and illegitimate lines of succession. It also covers testate and intestate legitime shares, which determine the compulsory heir shares. Various exemptions to legitime rules are provided. Methods for revoking wills include implication of law, subsequent will/codicil, and overt acts. The order of preference for paying claims against an estate is also explained.
The document outlines succession rules and orders for both legitimate and illegitimate lines of succession. It also covers testate and intestate legitime shares, which determine the compulsory heir shares. Various exemptions to legitime rules are provided. Methods for revoking wills include implication of law, subsequent will/codicil, and overt acts. The order of preference for paying claims against an estate is also explained.
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Order of Succession
Legitimate Line 1. Legitimate Children and Legitimate Descendants 2. Legitimate Parents and Legitimate Ascendants 3. Illegitimate Child and Illegitimate Descendants 4. Surviving Spouse 5.Brothers and Sisters/Nephews and Nieces 6. Collateral Relatives of the 5th Degree 7. State
Illegitimate Line 1. Legitimate Children and Legitimate Descendants 2. Illegitimate Children and Illegitimate Descendants 3. Illegitimate Parent 4. Surviving Spouse 5. Brothers and Sisters/Nephews and Nieces 6. State
Testate Legitime Concurring Compulsory Heirs Ill. Children Surv. Spouse Ill. Children Surv. Spouse Leg. Parents Ill. Children Leg. Parent Surv. Spouse Ill. Parents Surv. Spouse Ill. Child Alone Leg. Parents Alone Ill. Parents Alone Surv. Spouse Alone (G.R.) Exemption: Marriage in Articulo Mortis, where testator died within 3 months Exemption to the exemption: But lived as husband and wife for a period not less than 5 years Leg. Child Alone 1 Leg. Child Surv. Spouse 2 or More Leg. Children Surv. Spouse
Ill. Child Surv. Spouse Ill. Child Surv. Spouse Leg. Parents Ill. Children Leg. Parents Leg. Parents Surv. Spouse Ill. Parents Surv. Spouse Brother & Sisters/ Nephews & Nieces
1/2 1/2 1/4 1/4 1/2 1/2 1/2 1/2 1/2
Surv. Spouse Alone
Leg. Parent Alone Ill. Parent Alone Leg. Child Alone 1 Leg. Child Surv. Spouse 2 or more Leg. Child Surv. Spouse
All All All All 1/2 1/2
Share in the Free
Portion
Exemptions to the rule that Legitime cannot be burdened
1. Article 1083. Testator allowed to set period wherein the property cannot be partitioned for a period not more than 20 years 2. Article 1080 In the interest of his family, desires to keep any agricultural, industrial or manufacturing enterprise intact- order to have such legitime paid out in cash
3. Article 159, FC The family home shall continue for a period of 10 years or for as long as there is a minor beneficiary and cannot be partitioned, unless the court finds a compelling reason to. 4. Reserva Troncal
Revocation Three ways to Revoke a will 1. By Implication of law
Method a. Art. 936 NCC, revoked if the testator brings action for the payment of debts as to legacy of credit and Legacy of remission. b. Art. 957 NCC, provides 3 ways to make legacies in effective: 1. Change of form (flour into bread) 2. Change of title (sold) 3. When such is a specific property and such is totally lost c. Art.1032 NCC, incapability to succeed d. Art. 43 5, FC, Spouse who contracted a subsequent marriage in bad faith, cannot inherit from the innocent spouse. e. Art.44 FC, Where both spouses of a subsequent marriage acted in bad faith, the marriage is void, testamentary dispositions made in favour of the other is void. f. Art. 50 FC, read in connection to Art. 43 and 44 of the FC g. Art 63 4, FC, Legal Separation, offending spouse incapacitated
2. Subsequent will or Codicil
a. Implied revocation note: if there is three wills, here will one will be effective again b. Express revocation Note: since the revocation is expressly stated, will one will not be revived again. c. Revocation based on false cause, parole evidence rule 3. Overt Acts a. requisites for overt acts 1. Intent to revoke; 2. Testamentary Capacity;
3. 4. b. 1. 2. 3. 4.
Performed the act authorized by law
Substantive completion the overt acts: burning; tearing; Cancelling Obliterating
With the intention of revoking it
Article 911 1. So many collationalbe donations made here, destroys the estate; 2. There is a compulsory heir 3. Order of preference: a. Legitime b. Donations (w/n the free disposal) c. Honor legacies/devises ( Preferred) d. All other legacies and devises (prorated)
Article 950 1. The estate is not sufficient to cover all legacies and devises; 2. No compulsory heir required 3. Order of Preference a. Remuneratory legacies b. Legacies or devises declared by the testator to be preferential c. Legacies for support d. Legacies for education e. Legacies or devises of a specific, determinate thing which forms a part of the estate f. All others pro rata
General Rule: Probate handles only the extrinsic part
Exception to the rule: Nuguid v Nuguid, may delve into the intrinsic part to determine validity of the will or capacity to inherit of the supposed heir Exception to the exception: Maninang v. CA, dubious grounds/representations should deny the previous rule to take place as a matter of public interest.
General Rule: Probate Court cannot determine the issue of ownership
Exception to the rule: For the purpose of determining whether a certain property should or should not be included in the inventory of the estate, Probate Court may
pass upon such provisionally and not conclusively and is subject to the final decision in a separate action to resolve.
Advance distribution of property: Sec.2, Rule 109 of the Rules of Court, when the court deems it proper and just, permit that part of the estate not affected with controversy; subject to Sec1., Rule 90 of the Rules of Court, advance distribution is allowed provided that a bond which is set by the court is given.
