CHAPTER 2 Flashcards
The sum/total of all the property of a deceased individual
The estate passes to the deceased’s heirs at law if there is no will, or to beneficiaries under a will.
Estate
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 gor others either by his will or by operation of law.
This can occur by will or by operation of law.
Succession
What are the different kinds of succession?
- Testamentary or testate
- Legal or intestate
- Mixed
- Testamentary results from a will,
- Legal is by operation of law, and
- Mixed is partly by will and partly by law.
It 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 or testatrix.
Decedent
If the decedent left a will, he is called the testator or testatrix.
What does inheritance include?
All the property, rights, and obligations of a person not extinguished by death
It includes property existing at the time of death and those accrued since the opening of succession.
What is a devise?
A testamentary disposition of real estate
A legacy is a gift of personal property.
Who are considered successors in succession?
Heirs, devisees, and legatees
An heir is called by a will or by operation of law.
What is the difference between express and tacit acceptance of inheritance?
Express acceptance is made in a document, while tacit acceptance is implied through acts
An heir may accept or repudiate an inheritance voluntarily.
What is the role of an executor?
A person appointed by a testator to carry out the directions in a will
An administrator is appointed by the court to manage a decedent’s assets and liabilities.
What is a will?
A legal declaration on how a person wants property transferred after death
If a person dies leaving a will, he is said to have died testate.
What is a codicil?
An instrument that amends the provisions of a will
It must be executed with the same formalities as a will.
What is probate?
The court procedure to prove a will’s validity
It involves collecting the estate, liquidating liabilities, and distributing property.
What is the age of majority for making a will?
Eighteen years of age
Persons under this age do not have the legal capacity to make contracts.
What is required for a testator to be of sound mind?
Ability to know the nature of the estate, proper objects of bounty, and character of the testamentary act
It is not necessary for the testator to be in full possession of all reasoning faculties.
What happens if a person signs an instrument without knowing what it says?
The instrument is not considered a valid will
This applies similarly if signed under duress or fraud.
Can a married woman make a will without her husband’s consent?
Yes, she can make a will without consent or court authority
She may dispose of all her separate property and her share of the conjugal partnership.
What is legitime?
The part of the testator’s property reserved for certain heirs
These heirs are known as compulsory heirs.
Who are considered compulsory heirs?
- Legitimate children and descendants
- Legitimate parents and ascendants
- The widow or widower
- Acknowledged natural children
- Other illegitimate children
They have reserved rights to a portion of the estate.
What is a holographic will?
A will written entirely by the testator’s hand without witnesses
It must be entirely written, dated, and signed by the testator.
What is required for the revocation of a will?
A testator may revoke a will at any time before death
Any waiver or restriction of this right is void.
What is the institution of an heir?
An act designating the person or persons who will succeed the testator in property
A will may still be valid even if it lacks an institution of an heir.
What is the distribution of the hereditary estate if there are two legitimate children?
Each child receives P375,000, the surviving spouse receives P375,000, and the remaining P375,000 is the free portion.
How is the share of illegitimate children compared to legitimate children?
The illegitimate child always gets one-half the share of a legitimate child.
What constitutes the legitime of legitimate parents/ascendants?
One-half of the hereditary estate of their children/descendants.
If a widow or widower is the only survivor, how much of the estate are they entitled to?
They are entitled to one-half of the other half.
What is the share of the surviving spouse if the testator leaves illegitimate children?
The surviving spouse shall be entitled to one-third of the hereditary estate.
What is disinheritance?
When a person expects or is expected to inherit, but does not.
What are sufficient causes for disinheritance of children and descendants?
- Attempt against the life of the testator
- Groundless accusation of a crime
- Conviction of adultery or concubinage
- Causing the testator to change a will by fraud
- Refusal to support the disinheriting parent
- Maltreatment of the testator
- Leading a dishonorable life
- Conviction of a crime carrying civil interdiction.
What are sufficient causes for disinheriting a spouse?
- Attempt against the life of the testator
- False accusation of a crime
- Causing a will change by fraud
- Grounds for legal separation
- Grounds for loss of parental authority
- Unjustifiable refusal to support.
What happens if a person dies intestate?
The government provides a default estate plan for disposing of the decedent’s estate.
What is the order of intestate succession?
- Descending direct line (legitimate children/descendants)
- Ascending direct line (legitimate parents/ascendants)
- Illegitimate children/descendants
- Surviving spouse
- Collateral relatives within the 5th degree
- The State.
What is consanguinity?
The relation of persons descending from the same stock or common ancestor.
What is the difference between lineal and collateral consanguinity?
- Lineal: Direct descent like parent to child
- Collateral: Shared ancestors but not direct descent like siblings.
What is the right of representation?
A right allowing a descendant to inherit in place of a deceased ancestor.
True or False: A will may be revoked by the testator at any time before his death.
True.
True or False: Disinheritance can be affected only through a will, and the legal cause may not be specified.
False.
What is the definition of legitime?
The part of the testator’s property reserved by law for compulsory heirs.
Fill in the blank: A decedent who leaves a will is called the _______.
[testator]
True or False: Legitimate children and their descendants succeed parents without distinction as to sex or age.
True.
True or False: The law presumes that every person is of sound mind in the absence of proof to the contrary.
True.
What is the role of an executor?
An executor is appointed by the court to administer the assets and liabilities of a decedent.
What happens when the estate of a decedent is closed?
A final distribution of assets is made to the beneficiaries.
What is a gratuitous transfer?
A transfer said to be gratuitous when there is no consideration for the transfer.
What is blood relationship?
Existing between persons who have the same father, but not the same mother, or the same mother, but not the same father.
Who succeeds the parents and other ascendants?
Legitimate children and their descendants, without distinction as to sex or age, even if they come from different marriages.
What is legitime?
That part of the testator’s property which he cannot dispose of because the law has reserved it for compulsory heirs.
Can the last will be modified if it impairs the legitime of compulsory heirs?
No, the last will may not be modified even if the disposition of the decedent’s estate impairs the legitime of his compulsory heirs.
Are brothers and sisters of the decedent considered compulsory heirs?
No, brothers and sisters of the decedent are not compulsory heirs.
Is the surviving spouse entitled to legitime if all other compulsory heirs exist?
No, the surviving spouse is not entitled to his legitime if all other compulsory heirs exist.
Under the law on legitimes, what is the entitlement of a widow or widower if they are the only survivor?
She or he shall be entitled to one-half of the hereditary estate of the deceased spouse.
What may a testator do with the other half of the estate if the only survivor is the widow or widower?
The testator may freely dispose of the other half.
