Wills and Succession Reviewer | Article 774 to Article 782
I.
DEFINITION AND KINDS OF
SUCCESSION, BASIC CONCEPTS (ARTS. 774-782)
ART. 774
·
SUCCESSION
¾ is a mode of acquisition
by virtue of which the property, rights and obligations to the extent of the
value of the inheritance, of a person are transmitted through his death to
another or others either by will or by operation of law.
è BASIS; THEORIES:
o
the
right of succession on the right of private property;
o
right
of succession on the right of the family; and
o
Eclectic
Theories
- These theories try to
harmonize the two principles: individual and social.
- Harmonious combination
of two institutions, the private ownership and the family
ART. 775
è SUBJECTIVE ELEMENTS OF SUCCESSION:
a)
DECEDENT
¾ the person whose property
is transmitted through succession, whether or not he left a will; and
o
TESTATOR – If he left a will
b)
Who are called for
inheritance:
o
HEIRS – a person called to the
whole or to an aliquot portion of the inheritance either by will or by
operation of law
o
DEVISEES - a person to whom a gift
of real property is given by virtue
of a will
o
LEGATEES -a person to whom a gift
of personal property is given by
virtue of a will
ART. 776
è OBJECTIVE ELEMENTS OF SUCCESSION:
·
INHERITANCE
¾ includes all the property,
rights and obligations of a person which are not extinguished by his death.
¾ Universality of all the
property, rights and obligations constituting the patrimony of the decedent
which are not extinguished by his death. (Manresa
def.)
¾ The entirety of the
patrimonial properties and relations which constitute the objective elements of
succession. (Castan def.)
è INHERITANCE vs. SUCCESSION
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INHERITANCE
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SUCCESSION
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refers to
the universality of all the property, rights and obligations constituting the
patrimony of the decedent which are not extinguished by his death.
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the legal
mode by which such property, rights and obligations are transmitted.
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INHERITANCE
is the objective element of SUCCESSION
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è RESTRICTED CONCEPT OF INHERITANCE
¾ Until a final liquidation
is made and all debts are paid, the right of the heirs to inherit remains
inchoate.
¾ Liquidation is necessary
in order to determine whether or not the decedent has left any liquid assets
which may be transmitted to his heirs.
¾ The heirs are NOT responsible for the payment of the
debts or obligations of the decedent, but
the estate itself; and
¾ If the estate should not
be sufficient to pay for such debts or obligations, the heirs cannot be made to pay for the unpaid balance.
ART.777
è CAUSAL ELEMENTS OF SUCCESSION
¾ DEATH OF THE DECEDENT = the very reason of the succession itself
è TRANSMISSION OF SUCCESSIONAL RIGHTS
¾ rights to the succession
are transmitted from the moment of the
death of the decedent.
¾ before the death of the decedent, no heir may enter into a contract
with respect to his future share in the inheritance.
¾ after the death of the decedent, anyone of the heirs may enter into
a contract with respect to his share in the inheritance even before partition
has been effected.
USON VS. DEL ROSARIO
The records show that
Faustian Nebreda died in 1945 long before the effectivity of the New Civil
Code, survived by his widow, Maria Uson, plaintiff in this case, and four
illegitimate children, defendants. The litigation involves several parcels of
land which belonged to the decedent at the time of his death. Plaintiff contends
that she is entitled to all of the said property on the ground that at the time
of the death of the decedent, she was the only heir entitled to succeed. The
defendants, on the other hand, contend that, while it is true that they are not
entitled to inherit from the decedent under the old Civil Code, yet under the
new Civil Code, which went into effect in 1950, they are entitled to inherit
concurrently with the surviving spouse. Therefore, applying the principle
stated in Art. 2253 in relation to Art. 2264, this right to succeed, which is
declared for the fi rst time in the new Civil Code, shall be given retroactive
effect even though the act or event which gives rise thereto may have occurred
under the prior legislation. The Supreme Court held:
“The right of ownership of
Maria Uson over the lands in question became vested in 1945 upon the death of
her late husband and this is so because of the imperative provision of the law
which commands that the rights to the succession are transmitted from the moment
of death died at the time of the that expiration of the period designated by
law. There is, however, an exception to this rule, and that is when the
absentee disappeared under any one of the extraordinary circumstances
enumerated in Art. 391 of the Code. Because the absentee disappeared under
danger of death, in such case, he is deemed to have died at or about the time
when he disappeared.
è RULES IN CASE OF PRESUMPTIVE DEATH
¾ Art. 777 is BOTH
applicable to PRESUMPTIVE death & ACTUAL death
¾ ART. 390. xxx The absentee shall not
be presumed dead for the purpose of
opening his succession till after an
absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened.
¾ Article 391. The following shall be
presumed dead for all purposes, including the division of the estate among the
heirs:
(1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing,
who has not been heard of for four years
since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war,
and has been missing for four years;
(3) A person who has been
in danger of death under other
circumstances and his existence has not been known for four years.
¾ GR: the
time when the absentee died must be proved in accordance with the ordinary
rules of evidence
If not possible, then he is deemed to have died at the time of the that expiration of the
period designated by law.
ETR: when the absentee
disappeared under any one of the extraordinary circumstances enumerated in Art.
391.
He is deemed to have died at or about the time
when he disappeared
è EFFECT OF JUDICIAL SETTLEMENT
¾ before distribution is
made or before any residue is known, the heirs have no cause of action against
the executor or administrator for the possession of property left by the
decedent.
¾ Once the administration
proceedings is terminated and the heirs will finally accept their respective
portions in the inheritance
ART.778;
ART. 779; ART. 780
è KINDS OF SUCCESSION
(based on
the manner affecting succession)
·
TESTAMENTARY Succession
(779)
¾ By will of man
¾ Based on a last will and
testament, which is orderly manifestation of the testator’s will
¾ The designation of an heir
is not essential for the validity of a will.
¾ What is essential is that
the succession must be effected through the testator’s will executed in the
form prescribed by law.
·
LEGAL / INTESTATE Succession
¾ By operation of law in
default of a will
¾ ART 960. Legal or intestate
succession takes place:
(1) If a person dies
without a will, or with a void will, or one which has subsequently lost its
validity;
(2) 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;
(3) 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;
(4) When the heir
instituted is incapable of succeeding, except in cases provided in this Code.
¾ Art 960 = not exclusive
·
MIXED Succession
¾ By both at the same time
because it partakes
of the character of both testamentary and legal succession.
¾ In the distribution of the
hereditary estate of the testator after his death, testamentary succession shall
take place with respect to that part of his property which he has disposed of
in his will, while legal succession shall take place with respect to that part
which he has not disposed of.
è CONTRACTUAL SUCCESSION
¾ GR:
ART. 1347. No contract may be
entered into regarding future inheritance
Basis: based on the fact that the
object of a contract should exist at the moment of its celebration or, at least,
it can exist in the future.
ETR: In cases expressly
authorized by law.
ART. 130. The future spouses may give or donate to each other in their
marriage settlements their future property to take effect upon the death of the
donor and to the extent laid down by the provisions of the Civil Code relating
to testamentary succession.
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TESTAMENTARY SUCCESSION
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CONTRACTUAL SUCCESSION
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it
is essential that the testamentary dispositions must be contained in a will
executed in accordance with the formalities prescribed by law
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the
donation or disposition does not have to be contained in a will. It is, however,
essential that it must be executed in accordance with the form prescribed for
donations by reason of marriage; it must comply with the Statute of Frauds.
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ART. 781
è EXTENT OF INHERITANCE
¾ the inheritance of a
person includes:
1)
All of his property
which are existing at the time of
his death;
Ø This can only refer to
those properties which are available for distribution among the persons called
to the inheritance after settlement or liquidation.
Ø Does the body or mortal
remains of the decedent form a part of the inheritance? NO
2)
All of his transmissible rights and obligations
which are existing at the time of his death; and
Ø Succeed after the
settlement of liquidation of his estate.
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INTRANSMISSIBLE RIGHTS
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TRANSMISSIBLE RIGHTS
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rights
relative to persons and family or purely personal rights are, by their very nature
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rights
relative to property or patrimonial rights
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arising
from contracts which by their very nature are intransmissible, those which
are expressly made intransmissible by agreement of the parties, and those which
are expressly made intransmissible by operation of law.
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rights
arising from obligations or rights of obligations, whether contractual or otherwise
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Ø INTRANSMISSIBLE RIGHTS AND OBLIGATIONS (purely personal in
character or they are made so by operation of law) are the following:
1) rights and obligations
between husband and wife;
2) property relations between
husband and wife;
3) action for legal
separation;
4) action to compel acknowledgment
of a natural child;
5) action to obtain judicial
declaration of illegitimate filiation of an illegitimate child who is not
natural;
6) parental authority or
patria potestas;
7) rights of a guardian;
8) right to receive and the
obligation to give support;
9) right to hold a public
office as well as the right to exercise a profession or vocation;
10) right of usufruct;
11) Right of personal
easement;
12) rights and obligations
arising from a contract of partnership;
13) rights and obligations
arising from a contract of agency; and
14) criminal responsibility.
3)
All of the property and
rights which may have accrued to the hereditary estate since the opening of
the succession.
ART. 782
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HEIRS
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DEVISEES
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LEGATESS
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succeeds
to the whole or to an aliquot portion of the inheritance either by virtue of
a will or by operation of law.
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succeeds
to individual items of real property by virtue of a will.
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succeeds
to individual items of personal property by virtue of a will.
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Succeed
by UNIVERSAL TITLE
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Succeed
by PARTICULAR TITLE
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è CONCEPT OF HEIRS
¾ either by the provision of
a will or by operation of law
è KINDS OF HEIRS
1)
VOLUNTARY HEIRS
¾ an heir called to succeed
to the whole or an aliquot part of the disposable free portion of the
hereditary estate by virtue of the will
of the testator
2)
COMPULSORY HEIRS
¾ Or LEGITIME
¾ an heir called by law to succeed to a portion of the
testator’s estate
è if the testator is
survived by certain relatives for whom the law as a matter of policy has
reserved a portion of his hereditary estate:
GR: divided into two parts
ONE PART: the disposable free portion over which
the testator has absolute testamentary control and which, consequently, may be
disposed of by will in favor of any person not
disqualified by law to succeed; and
SECOND PART: the legal portion or legitime over
which the testator has no testamentary control because the law has already
reserved it for certain heirs
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COMPULSORY HEIRS
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LEGAL/INTESTATE HEIRS
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Testate
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Intestate
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Succeed
by operation of law.
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succeed
by operation of law when legal or intestate succession takes place.
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2
groups:
1)
who inherit by their own right; and
2)
those who inherit by the right of representation.
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è CONCEPT OF DEVISEES & LEGATEES
¾ persons to whom gifts of
individual items of real and personal property, chargeable, as a general rule,
against the disposable portion of the testator’s hereditary estate, are
respectively given by virtue of a will.
¾ only in testamentary succession
¾ succeeds to individual items of property by means
of a particular or special title.
¾ The devise or legacy which
is given to a devisee or legatee by means of a will:
GR: a charge against the free portion
of the testator’s property BUT only in case the testator is survived by compulsory heirs who,
under our system of compulsory succession, are entitled to a legitime.
ETR: If the testator is not
survived by compulsory heirs, his entire property is considered as free
property, in which case, the devises and legacies can be charged against the entire
property.
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VOLUNTARY HEIRS
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DEVISEES/LEGATEES
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In case of preterition
or pretermission in the testator’s will of one, some, or all of the
compulsory heirs in the direct line:
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to
annul entirely the institution of heirs
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shall
be valid insofar as they are not inofficious
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In case of imperfect or
defective disinheritance:
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to
annul the institution of heirs to the extent that the legitime of the
disinherited heir is prejudiced
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shall
be valid insofar as they are not inofficious
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In case properties are
acquired by the testator after the execution of the will:
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NOT
APPLICABLE
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rule,
included among the properties disposed of unless it should expressly appear in
the will itself that such was the testator’s intention.
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