Succession Class Notes under JD Class PDF

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succession personal notes. questions and answers. provisions and principles. whom the legitimate child will concur Legitimate Children and descendants alone...

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ARTICLE 774-782 General Provisions Article 774 Succession 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 his will or by operation of law.

What does inheritance include? a. b. c.

What is the difference between heirs and devisees/legatees, as to the extent of the inheritance? An heir inherits an aliquot part of the indeterminate portion of the estate, while, the inheritance of a devisee/legatee must be specified by the testator.

What is Succession? Succession 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 is transmitted through his death to another or others, either by will or by operation of law.

What are the elements of Succession? 1.

2.

3.

The right to dispose private property. The will is merely a causal instrument for the conveyance. This is the basis of testamentary succession. Family Co-ownership. The testator recognizes that the family is the heart and soul of the society. The idea of succession must revolve around it. The is the basis of intestate succession. Eclectic Theory. The purpose of succession is to perpetuate the testator’s patrimony beyond his existence, giving greater stability to his family and society. It is a merger of individual and social principles. Article 775

Subjective Elements a. b. c. d.

What is the Basis of Succession? 1.

property rights not extinguished by death obligations not extinguished by death (to the extent of the value of the inheritance)

2.

Objective Element a.

3.

Testator Heirs Devisees or Legatees

Inheritance

Causal Element The transmission of property by will and death as the condition.

What is the distinction between Inheritance and Succession? Inheritance refers to the universality of all the property, rights and obligations constituting the partrimony of the decedent, which are not extinguished by his death.

In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator.

Succession is the legal mode by which such property, rights and obligations are transmitted.

Define the term Decedent.

It refers to all the properties of the decedent at the time of his death. They may be residual or accrued properties.

Decedent is the general term applied to the persons whose property is transmitted through succession, whether or not he left a will. If he left a will he is called, testator.

What is the extent of inheritance?

*Corpse of the decedent is not included. Are all the obligations of the deceased part of his inheritance?

Article 776 The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.

The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. Hence, not all obligations shall be part of the decedent’s inheritance. Example: Those obligations which are purely personal. page | 1 . copied and modified from ALLIANCE FOR ALTERNATIVE ACTION by kotch.agcaoili.agudo

Give examples of rights which are extinguished by death, and which, therefore, are not part of the estate? 1.

2.

instransmissible personal rights because of their nature (such as those appertaining to family rights, marital and parental authority, support, action for legal separation, partnership agency, life annuity) right to hold public/private office or job (Hu Niu vs Collector of Customs, 36 Phil 433)

Given an example of rights not extinguished by death, and which, therefore, are part of the estate?

X died leaving debts amounting to P5M. Will the heirs of X, be answerable for such debts? No. The remedy of the creditors would be to proceed against the estate of X as a separate juridical person. Monetary obligations are not part of the deceased inheritance. Is the body of the decedent part of the inheritance? No. Because it is not a property (Jurado and Paras). Refer to the special law on the matter. Is an action to claim one’s legitimacy transmissible? (Article 173 Family Code)

1.

2.

right to bring or continue an action for forcible entry or unlawful detainer right to compel the execution of a document necessary for the convenience, provided that the contract is valid and enforceable under the Statue of Frauds.

The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five (5) years within which to institute the action. Is an action to claim one’s illegitimacy transmissible?

*When asked for example about rights and obligations which are transmissible and non-transmissible, be particular whether it is an obligation or a right. A father was a defendant in a civil case. During its pendency, he died, and his children were substituted as defendants. If judgment is rendered against the defendant, can the children be held personally liable with their own individual properties? No. The children cannot be held personally liable, despite the substitution. The remedy of the plaintiff-creditor is to proceed against the estate of the deceased. (Viardo vs Belmonte, 21 August 1962) *While the debts of the deceased still remain unpaid, no residue may be divided among the heirs, legatees and devisees. Instead, the court may order the sale of sufficient properties for the satisfaction of the debts and the heirs cannot question this. Such a step is necessary for the eventual partition of the estate. (Lao vs Dec, 23 January 1952) *A creditor of an heir (who is not a creditor of the deceased), who intervenes in the estate proceedings, cannot ask the court to sell the properties, which the heirdebtor expects to receive. This is because the debts of the deceased himself, must first be paid. Then and only then, we can determine, if there is a sufficient residue left for the heirs or for the heir’s creditor. (Lintonjua vs Montilla, 31 January 1952)

(Article 175 Family Code) Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172 (An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.), in which case the action may be brought during the lifetime of the alleged parent. What is the restrictive nature of inheritance? 1.

before death, it is a mere hope

2.

after death, it cannot be distributed unless, all the claims against the estate of the decedent are liquidated. The purpose of which is to determine, what assets are left to be transmitted to the heirs.

*Under the Rules of Procedures, liquidation is necessary in order to determine whether or not the decedent has left any liquid assets which maybe transmitted to the heirs. *Estate is a legal exigency created by law, so that the heirs will not be bothered by the claims of other persons against the decedent. Estate is the continuation of the decedent’s personality.

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Article 777 The rights to the succession are transmitted from the moment of the death of the decedent.

Can an heir sell his future inheritance? No. Because the heir has no vested right over the inheritance yet. Therefore, the object, which is the inheritance, is not yet determined nor certain.

When is the right to succession transmitted? It is transmitted at the moment of the death of the decedent. *Death is a condition that effects transmission of the decedent’s assets. The express will of the decedent’s presumed will as provided by law is the cause. Before death, the heir only have a mere hope or expectancy. It is not a vested right, for a will maybe changed, either because of: 1. 2. 3.

causes of disinheritance acts of incapacity/unworthiness revocation of the will

What is the decisive moment, when the heirs acquire a definite right to the inheritance? The decisive moment is death. It is upon the death of the decedent that the heirs acquire a definite right over the inheritance, whether such right is pure, conditional or with a term. What is death? Death is the permanent cessation of all the bodily functions which terminates a person’s judicial capacity and capacity to act.

What are the cases when there is no transmission of right? 1. 2. 3.

repudiation made by the heir heirs predeceased the decedent/testator incapacity of the heir to succeed

Upon the death of the testator, is it necessary to deliver the properties to the heir in order to acquire ownership? No. Because the right to the inheritance is transmitted from the moment of the death of the decedent. Tradition or delivery is not essential for the acquisition of properties of the decedent because succession is an independent mode. If a decedent dies January 1, 1999 and the property is actually delivered only on March 1, 1999, when does the heir become an owner of the property? He became an owner of the property beginning January 1, 1999. This is because it is not tradition (delivery) that transfer ownership here but succession. The effects of an acceptance of the inheritance retroacts to the moment of death. If on the other hand, there is repudiation, it is as if, the heir never owned the property. This is because of the retroactive effect of repudiation.

What does presumed will mean? The will of the decedent to transfer the properties to the heirs is presumed by law. The rule laid down by law is based on human experience, as may be gleaned from the order of those who may inherit intestate succession. What are the conditions before the rights of the heirs are transmitted? 1.

death of the decedent/testator (either actual or presumed)

2.

the rights or properties are indeed transmissible

3.

heirs must survive the decedent (no predecease); be willing (no repudiation); be capacitated to inherit

*These are also the requisites for succession mortis causa.

*No matter when/what time the heir, devisee or legatee enters into the possession of the inheritance, devise or legacy, acquisition always retroact to the moment of death, in accordance with Article 1042 (The effects of the acceptance or repudiation shall always retroact to the moment of death of the decedent.) *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 the partition has been effected – the right to the inheritance is already in the nature of a vested right upon the death of the decedent. Thus, the heir may: 1. sell his undivided share in the inheritance 2. donate it Before death, the heirs have only a mere hope of expectancy absolutely inchoate in character, to their share in the inheritance. Hence, any contract entered into with respect to the inheritance, would have no object whatsoever, therefore inexistent from the beginning. page | 3 . copied and modified from ALLIANCE FOR ALTERNATIVE ACTION by kotch.agcaoili.agudo

Article 777 provides that the right to succession are transmitted from the moment of death of the decedent. Does this principle apply only to actual death? No. The principle under this Article applies to both actual death and presumptive death. This is clear from the provisions of Article 390 and 391. What are the rules on presumptive death as to the opening of succession? 1.

2.

3.

ten (10) years absence, it being unknown, whether or not the absentee still lives five (5) years, if the absentee disappeared after the age of seventy-five (75) four (4) years, if the absentee disappeared under any of the circumstances enumerated in Article 391

When or at what precise moment will there be a transmission of successional rights in case of a presumptive death? As to ordinary absence of ten (10) or five (5) years if the absentee is more than seventy-five (75) years old – at the expiration of the period designated by law. As to extra-ordinary absence under Article 391 – at the time of the disappearance, because the absentee disappeared under the danger of death. *Although the rule says, that there will be transmission of successional rights at the time of the disappearance of the absentee, we must still wait for a period of four (4) years from the time the absentee disappeared. Thereafter, if the absentee does not appear within four (4) years, there will be transmission of successional rights and it will retroact from the time the absentee disappeared. Reason: the absentee disappeared under danger of death.

Extra-ordinary presumptive death: 1. 2.

What is the effect in case a person presumed to be dead returns? There will be a recovery of properties, or a return of their value, if they were already alienated except for the fruits. *The exception lies in the case when prescription occurs due to lack of title. Can there be succession without death? As a general rule, there can be no succession without actual death. However, the law provides succession in cases of presumptive death. In this case, the death of a person is merely presumed and conditioned on the fact of death. X had two (2) children, Y and Z. X suffered a heart attack on January 1, 2002 and was pronounced dead on the same day. On January 2, 2002, X regained consciousness. Y and Z claimed to have succeeded X in his properties, when he was pronounced dead on January 1, 2002. Is the claim valid? No. There is no succession because there was no death. Death must be permanent because a person can only die once. Article 778 Succession may be: (1) Testamentary; (2) Legal or intestate; or (3) Mixed. What are the kinds of succession? 1. 2. 3.

What are the kinds of death in succession? 1.

actual death

2.

presumptive death a. ordinary b. extra-ordinary

What are the rule used to determine the precise time of death of a decedent in presumptive death? Ordinary presumptive death: 1. 2.

rules of evidence in the absence of evidence, expiration of period provided for by law

rules of evidence in the absence of evidence, at or about time of disappearance

testate legal or intestate mixed

*Contractual Succession has been omitted by the Family Code. What are the different modes of testamentary succession? 1. 2.

will or codicil will or codicil maybe: a. b.

notarial (ordinary attested) holographic (handwritten by the testator from the beginning to end, complete with date and signature)

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Article 779

*In case of doubt, testamentary succession is preferred over legal or intestate succession. What are the kinds of testate and intestate succession? 1. 2.

Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law.

voluntary and compulsory by right and representation

What is testamentary succession?

Article 780 Mixed succession is that effected partly by will and partly by operation of law.

It is one, which results from the designation of an heir, made in a will and executed in the form prescribed by law. When does intestate succession occur? Intestate succession is effected by operation of law, in default of a will. Intestate succession occurs when the testator has not made a will or even if he made one, such will has not been made in accordance with the formalities prescribed by law. In this case, the presumed will as provided by law, shall govern the distribution of his hereditary estate after his death. What is mixed succession?

Article 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. What does the inheritance of a person include? It 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.

It is one that is effected partly by will and partly by operation of law. When does mixed succession occur? It occurs when the testator makes a will but fails to dispose all of his properties by means of such will. The succession partakes of the nature of both testamentary and legal succession. What is contractual succession? It is the act of future spouse of giving or donating to each other, in their marriage settlements, their future property, which is to take effect, upon the death of the donor and o the extent laid down by the Civil Code relating to testamentary succession. This succession is not allowed anymore, for it was not expressly provided for in the Family Code. What are the kinds of heirs in testamentary succession? Define each. Voluntary – an heir is 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. Compulsory – an heir is called to succeed to a portion of the testator’s estate, known as legitime.

Article 782 An heir is a person called to the succession either by the provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will.

Who is an heir? An heir is a person called to the whole or an aliquot portion of the inheritance, either by will or by operation of all. An heir succeeds by universal title. *Heirs may be compulsory (if entitled to the legitime) or voluntary (like a friend). Who is a devisee? A devisee is a person to whom a gift of real property is given, by virtue of a will. What is legatee? A legatee is a person to whom a gift of personal property is given, by virtue of a will.

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What are distinctions between heirs, devisees and legatees? As to the title: 1.

Devisees or legatees are always called to succeed to individual items of the property.

2.

Heirs are always called to succeed to an indeterminate or aliquot portion of the decedent’s hereditary estate.

3.

Devisees or legatees succeed by a particular title, while heirs succeed by universal title.

As to the portion of the estate: The devise or legacy which is given to the devisee or to the legatee by means of a will, is, as a rule, a chare against the free portion of the testator’s property. However, if the testator is not survived by compulsory heirs, his entire property is considered as free property. In such case, the devise and legacy can be charged against the entire property. In the case of heirs, a distinction must be made between heirs in the estate succession (compulsory and voluntary) and heirs in intestate succession (legal or intestate heirs). As to the means of succession: Devisee or legatee are always called to succeed by means of a will. Heir are called to succeed, either b...