export_successions Flashcards
Successions@StudyBlue
A disposition of all of the estate or the balance of the estate that remains after particular legacies.
Universal legacy
A disposition by which the testator bequeaths a fraction or a certain proportion of the estate, or a fraction or a certain proportion of a balance of the estate that remains after particular legacies.
General legacy
A legacy that is neither general nor universal.
Particular legacy
When the testator assigns shares.
Separate legacy
When the testator does not assign shares
Joint legacy
Intestate heirs, universal legatees and general legatees
Universal successors
- Legatee predeceases the testator
- Legatee is incapable of receiving
- Suspensive condition can no longer be fulfilled
- Legatee is declared unworthy
- Legacy is renounced
- Legacy is declared invalid (absolute nullity)
- Legacy is declared null (invalid nullity)
Grounds for lapse
When a legacy lapses, this takes place.
Accretion
- Testamentary disposition
- Anti-lapse Rule (aka most favored class rule)
- Joint legacies
- General and particular legacies
- Universal legatees
- Intestacy
Rules governing accretion
If a legatee, joint or otherwise, is a child or sibling of the testator, then to the extent that the legatee’s interest in the legacy lapses, accretion takes place in favor of his descendants by roots who were in existence at the time of the decedent’s death.
Most favored class rule / anti-lapse rule
When a legacy to a joint legatee lapses, accretion takes place ____.
Ratably in favor of the other joint legatees, except as provided in the following article.
When a particular or general legacy lapses, accretion takes place in favor of ____.
the successor who, under the testament, would have received the thing if the legacy had not been made.
(Big legacy gets the little legacy).
All legacies that lapse, and are not disposed of under the preceding articles, accrete _____.
ratably to the universal legatees.
When a general legacy is phrased as a residue or balance of the estate without specifying the residue or balance is the remaining fraction or a certain portion, it shall be treated as:
a universal legacy for purposes of accretion.
- Descendants (by heads)
- Siblings & their descendants.
- Parents
- Surviving Spouse
- Other ascendants
- Other collaterals
Separate Property
- Descendants
2. Surviving Spouse
Community Property
- Immovable donated by ascendant
- Decedent lacks posterity
- Property found in the succession
Anomalous Succession Prerequisites
- Absence of a legal impediment
- Marriage ceremony
- Free consent of the parties to take each other as husband and wife
Requisites for a valid marriage
- Existing marriage
- Same sex
- Impediments of relationship
Legal impediments to marriage
- Officiant
- Physical presence of parties
- Free consent
- Not given under duress or by a person incapable of discernment
Marriage ceremony requirements
- Filiation of children
- Inheritance rights
- Community property rights
- Alimony/spousal support rights
- Right to marital portion
Civil effects of marriage
The civil effects of marriage flow in favor of a “putative” spouse even though the requirements for a valid marriage have not been met.
Putative spouse doctrine.
A marriage is ______________ when consent of one of the parties to marry is not freely given.
It produces civil effects until it is declared null.
Relatively null marriage.
A marriage is ________ when contracted without a marriage ceremony, by procuration or in violation of an impediment.
Absolutely null marriage.