Chapter 3. Legal or Intestate Sucession Flashcards
(Article 960) When does legal succession take place?
Legal or intestate succession takes place:
1) If a person dies without a will, or with a void will, or with one which has subsequently lost its validity;
2) When the will does not institute an heir to, or dispose of all property belonging to the testator. In such case, legal succession shall take place only with respect to the property which the testator has not disposed;
3) If the suspensive condition attached to the institution of the 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.
What is legal succession?
Legal succession is that kind of succession prescribed by the law (and presumed it to be the desire of the deceased), which takes place when the expressed will of the decedent has not been set down in a will.
Article 962
In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.
Relatives in the same degree shall inherit in equal shares, subject to the provisions of Article 1006 with respect to relatives of the full and half-blood, and of Article 987, paragraph 2, concerning division between the maternal and paternal lines.
How is proximity of relationship determined? (Article 963)
Proximity of relationship is determined by the number of generations. Each generation forms a degree.
Art 961
Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State.
Article 962
Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.
Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines.
Article 963
Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree.
Article 965.
Art. 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends.
Article 969
Rules if heirs repuduate
Article 969. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. (923)
Article 971.
The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. (n)
Article 975.
Article 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions.
Article 977.
Article 977. Heirs who repudiate their share may not be represented.
Article 980
Article 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.
Article 981
Article 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation.
Article 982.
Article 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions.