Chapter 3. Legal or Intestate Sucession

Question 1

(Article 960) When does legal succession take place?

Answer 1

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.

Question 2

What is legal succession?

Answer 2

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.

Question 3

Article 962

Answer 3

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.

Question 4

How is proximity of relationship determined? (Article 963)

Answer 4

Proximity of relationship is determined by the number of generations. Each generation forms a degree.

Question 5

Art 961

Answer 5

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.

Question 6

Article 962

Answer 6

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.

Question 7

Article 963

Answer 7

Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree.

Question 8

Article 965.

Answer 8

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.

Question 9

Article 969
Rules if heirs repuduate

Answer 9

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)

Question 10

Article 971.

Answer 10

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)

Question 11

Article 975.

Answer 11

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.

Question 12

Article 977.

Answer 12

Article 977. Heirs who repudiate their share may not be represented.

Question 13

Article 980

Answer 13

Article 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.

Question 14

Article 981

Answer 14

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.

Question 15

Article 982.

Answer 15

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.

Question 16

Article 983.

Answer 16

Article 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by article 895. (n)

Question 17

Article 985.

Answer 17

Article 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives.

Question 18

Article 989.

Answer 18

Article 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation.

Question 19

Article 992.

Answer 19

Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.

Question 20

Article 996.

Answer 20

Article 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children

Question 21

Article 1001.

Answer 21

Article 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)

Question 22

Article 1002.

Answer 22

Article 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles.

Question 23

Article 998.

Answer 23

Article 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half.

Question 24

Article 999.

Answer 24

Article 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child.