Succession

Question 1

What is succession

Answer 1

Mode of acquisition by which the PRO to the extent of the value of the inheritance , of a person are transmitted to another through his death either through a will or by operation of law

Question 2

What does inheritance include?

Answer 2

All PRO of a person which are not extinguished by death.
Also all of those which have accrued thereto since the time of death

Question 3

When are rights to the succession transmitted?

Answer 3

Rights to the succession are transmitted from the moment of death

Question 4

What are the kinds of Successions?

Answer 4

Testamentary - Results from the designation of an heir, made in a VALID will in a form prescribed by law

Legal/Intestate - When a person dies without a will; Will is void or loses its validity; Will does not institute heirs; heirs instituted are incapable of succeeding the decedent

Mixed - Effected partly by will and partly by operation of law

Question 5

What is a will

Answer 5

A will is an act whereby a person is permitted, with the formalities prescribed by law, to control a certain degree of his estate to take effect after his death

Question 6

Kinds of wills?

Answer 6

Notarial Will - Complies with the requirements under Art. 804 and 809 of the CC

Holographic Will - One which is entirely written, dated and signed by the hand of the testator.

Question 7

Characteristics of a Will

Answer 7

1. Strictly Personal - The making of a will is a strictly personal act, whose execution cannot be left to the discretion of a third person
2. Act mortis causa - Takes effect only after the death of the testator
3. Ambulatory - May be revoked any time before the death of the testator
4. Individual Act - joint wills cannot be executed by Filipinos, even if made abroad
5. Purely Statutory - The right to dispose of property by will is a statutory right, not a natural one
6. Unilateral - Testator’s heirs are not required to aquiesce to the testementary dispositions to make a will valid.

Question 8

What can the testator entrust to a third person?

Answer 8

Article 786.The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or applied.

Question 9

What law governs the validity of a will?

Answer 9

The law in force at the time of the execution of the will

Question 10

What governs the intrinsic validity of the will?

Answer 10

The law of the decedent’s nationality at the time of his death

Question 11

What are the contents of the will which shall be governed by the national law of the decedent?

Answer 11

1. Order of succession;
2. Amount of successional rights;
3. Intrinsic validity of testamentary provisions;
4. Capacity to succeed.

Question 12

What formalities should be complied with if a Filipino who is abroad decided to execute a will therein?

Answer 12

Article 815.When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he may be. Such will may be probated in the Philippines. (n)

Question 13

What formalities should be complied with if an aliien who is abroad wants to have his or her will probated in the Philippines?

Answer 13

Article 816.The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. (n)

Question 14

What formalities should be complied with if an alien wants to execute a will in the Philippines?

Answer 14

Article 817.A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. (n)

Question 15

What governs the instrinsic validity of a will

Answer 15

The law of the decedent’s nationality at the time of his death

Question 16

What are the requisites for capacity to make a will?

Answer 16

1. The testator must not be expressly prohibited by law to make a will
2. The testator must at least be 18 years old
3. The testator must be of sound mind at the time of the execution of the will

Question 17

Is the will invalidated if after execution thereof, the testator becomes incapacitated?

Answer 17

No. Supervening capacity does not invalidate an effective will.

Conversely, a will made by an incapacitated does not become valid if he/she later becomes capacitated.

Question 18

What are the criteria to consider the testator of sound mind at the time of the execution of the will?

Answer 18

At the time of the making of the will, the testator should know:
1. the nature of the estate to be disposed of;
2. the proper object of his/her bounty
3. Character of the testamentary act

Question 19

2 kinds of wills. Explain Each

Answer 19

Notarial Will - needs to comply with the formal requirements under Arts. 804-808 for its validity

Holographic Will - one which is entirely written, dated and signed by the testator

Question 20

Most BASIC requirement for wills?

Answer 20

It must be in the writing and be made in a language or dialect know to the testator

Question 21

What are the additional requirements for notarial wills?

Answer 21

1. It must be subscribed at the end thereof, either by the testator himself or some other person in the testator’s presence under his express direction;
2. It must be attested and subscribed by at least 3 credible witnesses in the presence of the testator and of one another
3. The testaor and the witnesses must sign every page on the left margin in the presence of one another
4. All pages must be numbered correlatively in letters on the upper part of each page
5. It must contain an attestation clause
6. It must be acknowledged before a notary public

Question 22

Contents of the attestation clause?

Answer 22

1. Number of pages on which the will is written
2. The fact that the testator signed the will and every page thereof, or caused some other person to sign his name under his express direction in the presence of the three witnesses
3. The fact that all the witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and of one another

Question 23

What is the rule if the testator is blind or a deaf-mute?

Answer 23

Blind - Will shall be read to him twice, once by the subscribing witness and again by the notary public before whom the will was acknowledged

Deaf/Deaf-mute - He/she must personally read the will, if able to do so . Otherwise she/he shall designate two other persons to read it and communicate it to him the contents thereof

Question 24

What is the substantial compliance rule in relation to succession?

Answer 24

1. In the absence of bad faith, forgery, fraud or undue influence, defects and imperfections in the form of the attestation clause or in the language used therein shall not render the will invalid if it is proved that iw was executed and attested in substantial compliance with Art. 805

Question 25

Formal Requirements of a Holographic Will

Answer 25

1. It must be in writing 2. It must be in a language or dialect known to the testator 3. It must be entirely written, dated and signed by the tetator.

Question 26

How can the testator validate the dispositions written below his/her signature?

Answer 26

The dispositions of the testator written below his signature must be dated and signed to make them valid. When dispositions are signed without being dated, and the last signature has a signature and date, such date validates the dispositions preceding it, whatever be the time of the prior dispositions.

Question 27

Purpose of Reserva Troncal

Answer 27

To assure the return of a reservable property to the third degree relatives belonging to the line from which the property originally came, and to avoid it being dissipated into and by the relatives of the inheriting ascendant.

Question 28

Requisites for Reserva Troncal

Answer 28

1. Property was acquired by a descendant from an ascendant or from a brother or sister by gratuitous title; 2. The descendant died without an issue; 3. Property inherited by another ascendant is by operation of law; There are relatives within the third degree from which the said property came.

Question 29

Requisites for a valid Disinheritance (VELETSIR)

Answer 29

1. Must be made in a Valid will 2. Must be made Expressly 3. Must be for a Legal cause 4. Must be for an Existing cause 5. Must be Total or Complete 6. The cause must be Stated in the will 7. The heir disinherited must be clearly Identified 8. The will must not have been Revoked

Question 30

Preterition vs. Valid Disinheritance

Answer 30

1. P - The omission may either be intentional or unintentional D - Disinehritance is ALWAYS intentional 2. P - may be with cause or without cause D - Cause must always be stated in the will; must be true and legal 3. P - Pretertion annuls the institution, hence the omitted inherits D - The disinherited inherits NOTHING (either by legitime or free portion) 4. P - May exist with or without a will (as when everything is given to heirs by way of donation inter vivos) D - A will is always required 5. P - institution is always void XP: When the preterited heir predeceases the testator D - may be VALID when requirements are followed

Question 31

Can a will still be revoked?

Answer 31

Yes. A will may still be revoked by the testator at any time prior his death and any waiver of this right is void. The same rule holds true even if the will has already been probated

Question 32

Modes of revocation of wills

Answer 32

1. Implication of law 2. Will, codicil or some other writing executed as provided in the case of wills 3. By burning, tearing, cancelling or obliterating the will WITH THE INTENTION OF REVOKING it, by the testator himself or some other person is his presnce and by his direct expression

Question 33

Theory of Dependent Relative Revocation

Answer 33

Where the act of destruction is connected with the making of another will so as fairly to raise the inference that the testator meant the revocation of the old to depend on the eficacy of the new disposition intended to be substituted, the revocation will be conditional and dependent upon the efficacy of the new disposition; if for any reason the new ill intended to be made as a substitute is inoperative, the revocation fails and the original remains in full force.

Question 34

Effect of Revocations based on a false cause

Answer 34

The will shall remain valid, the revocation which was based on a false or illegal cause shall be void.

Question 35

Who are compulsory heirs

Answer 35

1. Legitimate Children and descendants, with respect to their legitimate parents and descendants 2. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; 3. The widow or widower; 4. Illegitimate Childnen.

Question 36

Primary vs Secondary vs Concurring compulsory heirs

Answer 36

Primary compulsory heirs - those who have precedence over and exclude other compulsory heirs ex. Legitimate children and descendants Secondary compulsory heirs - Those who succeed only in the absence of PCH ex. Legitimate parents and ascendants Concurring compulsory heirs - Succeed with the PCH or SCH ex. Illegitimate Children or Surviving Spouse

Question 37

Is the will valid even if the testator did not institute any heir?

Answer 37

Yes. A will shall be valid even though it does not contain an institution of an heir, or such institution does not comprise the entire estate. In such cases, the testamentary disposition made shall be complied with and the remainder of the estate shall pass to the legal heirs

Question 38

Requisities of fideicommissary substitution

Answer 38

1. There must be a first heir called primarily to the enjoyment of the estate. 2. There must be a second heir (fideicommissary) 3. There must be an obligation imposed upon him to preserve and transmit to a third person the whole or part of the estate.

Question 39

Define Legitime

Answer 39

1. It is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are therefore called compulsory heirs

Question 40

Who are obliged to collate?

Answer 40

Every compulsory heirs who wsucceeds with other compulsory heirs, must bring into the mass of the estate any property or right which he may have received from the decedent by way of donation or gratuitous title

Question 41

Who are not obliged to collate

Answer 41

1. If expressly stated in the deed of donation that the property shall not be subject to collation, it shall not be charged to the legitime 2. If the donee who is a compulsory heirs repudiates his inheritance, he is not obliged to collate the property. Donation shall be charged to the disposable free portion. 3. A suriving spouse who, during the marriage, received a donation from a deceased spouse is not required to collate

Question 42

What must be brought to collation?

Answer 42

1. Donation Inter Vivos by gratuitous title 2. Any sums paid by a parent in satisfaction of debts of his children, election expenses, fines and similar expenses 3. Wedding gifts by the parents and ascendants consisting of jewelry, clothing and outfit, except if the value exceeds one tenth of the disposable free portion

Question 43

What need not be brought to collation?

Answer 43

1. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship 2. Expenses incurred by parents in giving their children a professional, vocational, or other career XP: Parents otherwise provide or they impair the legitime 3. Donations to the spouse of the child XP: given to spouses jointly, then the other half must be brought to collation

Question 44

What are the ways in which a testator may deprive a compulsory heir of his legitime?

Answer 44

1. Disinheritance for causes expressly provided for by law. 2. Preterition or omission of one, some or all of the comoulsory heirs whether living at the time of the execution of the will or born after the death of the testator 3. By an incomplete legitime

Question 45

Effect of an incomplete legitime

Answer 45

Any compulsory heirs to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied

Question 46

Effect of inofficious testamentary dispostions

Answer 46

They shall be reduced on petition of the same insofar as they may be inofficious or excessive

Question 47

Preterition

Answer 47

Omission of one, some or all of the compulsory heirs in the direct line, whether living ath the time of the execution of the will or born after the death of the testator.

Question 48

Effect of preterition

Answer 48

annuls the institution of heirs ; but the devises and legacies shall be valid insofar as they are not inofficious.

Question 49

Can the descendants of validly disinherited heirs take he place of the latter in inheriting from the testator

Answer 49

YES. They shall take their place and preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime