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Succession > MIDTERMS > Flashcards

MIDTERMS Flashcards

1
Q

What is succession (Art. 774)

A

A mode of acquisition by which, property, (transmissible) rights and obligations (to the extent of the value of the inheritance), of a person are transmitted through his death to another/others by his will or by operation of law.

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2
Q

What are the kinds of succession

A

Testate, intestate succession and mixed

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3
Q

Requisites for transmission of successional rights

A

1) Death of predecessor
2) Existence and capacity of successor
3) Provision of law/will granting succession
4) Acceptance by the successor

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4
Q

Principles of succession

A

1) It takes place upon death
2) There are legitimes reserved in law
3) Presumption of equality – Heirs of equal degree/proximity inherit in equal share
4) State has a share in the inheritance (tax)
5) Heirs are not liable for the estate’s debt beyond their share of the inheritance

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5
Q

Modes of acquisition

A

1) Occupation
2) Intellectual creation
3) Law
4) Donation
5) Testate and intestate
6) Tradition
7) Means of prescription

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6
Q

Decedent

A

Person whose property is transmitted through succession

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7
Q

Heir

A

Person called to succession

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8
Q

Devisee

A

Person gifted real property

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9
Q

Legatee

A

Person gifted personal property

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10
Q

Compulsory heirs

A

1) Legitimate children and descendants
2) (In default of the foregoing) Legitimate parents and ascendants
3) Widow
4) Acknowledged natural children, and natural children by legal fiction
5) Other illegitimate children

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11
Q

Kinds of heirs

A

1) Compulsory
2) Voluntary
3) Legal/intestate

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12
Q

Compulsory vs. Legal

A

In compulsory, there is always a portion reserved for them. Legal heirs only inherit by virtue of law– not necessarily because they have a right to a legitime.

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13
Q

Kinds of compulsory heirs

A

1) Primary
2) Secondary
3) Concurrent

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14
Q

Proximity

A

Number of generations

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15
Q

Degree

A

Each generation

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16
Q

Collateral line

A

Extends only to the 5th degree in intestate

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17
Q

How to determine qualification of heir

A

At the time of death

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18
Q

Objects of succession

A

1) Property
2) Transmissible rights and obligations
3) Those that accrued since opening of succession

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19
Q

Exceptions to objects of succession

A

Those not transmissible by nature, law or stipulation

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19
Q

Presumption of death for purposes of opening succession

A

1) For the purpose of succession, 10 years
2) 75 years or older, 5 years

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20
Q

Presumption of death

A

GEN RULE: 7 years

EXC:
1) Person on board a vessel/aeroplane, 4 years
2) Armed forces and in war, 4 years
3) Danger of death or under other circumstances, 4 years

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21
Q

Rule re: donations during marriage

A

In a property regime other than ACP, you cannot donate more than 1/5 of present property.

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22
Q

When can you revoke a donation by reason of marriage

A

1) Marriage was not celebrated/declared void (except those donations made in the marriage settlement)
2) Marriage takes place without consent of parent
3) Marriage is annulled/donee acted in bad faith
4) Donation to a guilty spouse in legal separation
5) Donation was with a resolutory condition that was left unfulfilled
6) Act of ingratitude

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23
Q

Governing law for succession

A

The law at the time the decedent died

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24
Q

Allowed cases of contracts on future inheritance

A

1) Donation propter nuptias – Donations by reason of marriage between future spouses with respect to their future property (to take effect only in death)
2) Partition of property inter vivos by a person to take effect upon death

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25
Q

Acceptance of inheritance

A

Purely voluntary and free and must be done when there is certainty as to (1) the death of the decedent, and (2) the right to the inheritance

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26
Q

Who may repudiate the inheritance of a minor?

A

Parent/guardian provided there is judicial authorization

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27
Q

Who may accept/repudiate the inheritance on behalf of the poor?

A

GEN: Person designated

EXC: Executor, justice of the peace, mayor, municipal treasurer by majority vote

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28
Q

Who may accept/repudiate the inheritance of a corporation?

A

Lawful representatives qualified to acquire property.

It may also be repudiated only by court approval.

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29
Q

Who may repudiate for deaf-mutes who cannot read or write?

A

Guardians with judicial approval

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30
Q

Tacit acceptance

A

Acceptance resulting from acts from which intention to accept is necessarily implied or which one would have no right to do except in the capacity of an heir

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31
Q

When is an inheritance deemed accepted?

A

1) Sell, donate or assign his right to someone else
2) Renounces the same even if gratuitously for the benefit of his co-heirs
3) Renounces it for a price in favor of his co-heirs indiscriminately

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32
Q

How to do repudiation

A

1) In a public or authentic instrument
2) By petition to the court having jurisdiction

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33
Q

Who may accept inheritance for deaf-mutes who can read and write?

A

Them personally or their agent

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34
Q

Who may accept inheritance for deaf-mutes who can’t read and write?

A

Guardian

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35
Q

Who may accept/repudiate for public official establishments?

A

Themselves with the approval of the government

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36
Q

Who may accept/repudiate for incapacitated persons?

A

Parents or guardians

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37
Q

Express acceptance

A

Public or private document

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38
Q

When should you accept/repudiate?

A

Within 30 days after court issuance of the distribution of the estate

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39
Q

Elements of succession

A

1) Mode of acquisition
2) Property, rights and obligations are transmitted
3) Transmission takes place by virtue of death
4) Takes place by will/by operation of law
5) Transmission to another

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40
Q

When does intestate succession take place?

A
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41
Q

Testamentary succession

A

Where there is a designation of an heir, made in a will, executed in a form prescribed by law

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42
Q

Mixed succession

A

Effected partly by will and partly by operation of law

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43
Q

Revocation

A

An act of the mind of the testator terminating the potential capacity of the will to operate at the death of the testator

44
Q

Difference between revocation and nullity

A

1) Where does it come from
2) What puts it into operation
3) Time of operation
4) Revocability
5) Effect

45
Q

Law governing revocation if done in the PH

A

PH Law

46
Q

Law governing revocation if done outside the PH and the testator is NOT domiciled in the PH

A

1) Law of the place where the will was made
2) Law of the place in which the testator had been domiciled

47
Q

Modes of revocation

A

1) By implication of law
2) Some will, codicil or other writing
3) Burning, tearing, cancelling or obliterating the will (either by testator, or by some other person in his presence and by his express direction)

48
Q

Revocation by implication of law

A

1) Commission of the heir of some act of unworthiness
2) Transformation of the thing given
3) Preterition
4) Judicial demand by the testator of a credit that was to be given as a legacy
5) Legal separation

49
Q

Requisites for revocation by subsequent instrument

A

1) Subsequent instrument also complied with the formal requisites of a will
2) Testator possesses testamentary capacity
3) Subsequent instrument has an express revocatory clause OR is incompatible with the prior will

50
Q

Requisites for the destruction of a will

A

1) Corpus (overt physical act) – physical destruction
2) Animus (animo revocandi) – capacity and intent to revoke )

51
Q

Presumption of revocation

A

Where a will which cannot be found is shown to have been in the possession of the testator when last seen, the presumption is, in the absence of other competent evidence, that the same was cancelled or destroyed. The same presumption arises where it is shown that the testator had ready access to the will and it cannot be found after his death. (Gago v. Mamuyac)

52
Q

Doctrine of dependent relative revocation (EXC)

A

Where the act of destruction is connected with the making of another will, so as to fairly raise the inference that the testator meant the revocation of the old to depend upon the efficacy of the new disposition intended to be substituted, the revocation will be conditional and dependent upon the efficacy of the new disposition.

53
Q

What is the connection of the doctrine of dependent relative revocation with the revocation of a will based on a false or illegal cause?

A

If there is a revocation but the revocation’s cause is FALSE or ILLEGAL, the revocation is null and void and the previous will will subsist.

54
Q

Falsity of cause

A

If the facts were not as the testator supposed them to be or if the act of revocation was induced by a belief which turns out to be false, there is NO REVOCATION.

There WILL be revocation if the cause was only alleged as a reason for revoking but the intent to revoke absolutely was still there.

55
Q

Republication

A

Reproduction in a subsequent will of dispositions in a previous will which is void as to form.

56
Q

Probate

A

To prove before some officer/tribunal bested by law with authority for that purpose, that the instrument offered to be proved is the last will and testament of the deceased (identity) and that it has been executed, attested and published (extrinsic validity) as required by law and that the testator was of sound and disposing mind (capacity).

56
Q

Rule regarding republication

A

GEN: Enough to reference to the original will to republish it through codicil
EXC: If the original will is void as to its form, reproduction is necessary

57
Q

Modes of probate

A

1) Ante mortem - during life of the testator
2) Post mortem - after the death of the testator

58
Q

Effect of allowance of wills

A

The order allowing the will after becoming final is conclusive against the whole world as to the due execution of the will and the capacity of the testator

59
Q

When will the will be disallowed?

A

1) Formalities are not complied with
2) Insanity or mental incapability at the time of its execution
3) Executed through force/under duress, or the influence of fear, or threats
4) Undue and improper pressure and influence on the part of the beneficiary or of some other person
5) Signature of the testator was procured by fraud
6) Testator acted by mistake or did not intend that the instrument he signed should be his will

60
Q

Revocation vs. Disallowance

A

1) Source
2) How can it be made?
3) Scope

61
Q

Violence

A

Serious or irresistible force is employed

62
Q

Intimidation

A

Compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property (or that of his spouse, descendants or ascendants).

Take into account age, sex, and condition of the person in determining the degree of intimidation.

63
Q

Undue influence

A

Improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.

Consider: confidential, family, spiritual and other relations between the parties or the possibility of mental weakness, ignorance or financial distress

64
Q

Will

A

An (personal, solemn, revocable and free) act wherein a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, meant to take effect after his death

65
Q

When would a survivorship agreement be annulled?

A

1) When it used as a cloak to hide an inofficious donation
2) When it transfer property in fraud of creditors
3) When it is used to defeat the legitime of a forced heir

66
Q

Characteristics of a will

A

1) Purely, individual, personal and free
2) Disposes of property
3) Revocable
4) Formally executed
5) Mortis causa

67
Q

Who may make a will

A

All those not expressly prohibited

68
Q

Who are expressly prohibited from making a will

A

1) Those under 18
2) Those of unsound mind at the time of execution

69
Q

Joint will

A

A will that is jointly signed by and is made in the same instrument by 2 or more persons, made either for their reciprocal benefit or for the benefit of a 3rd person

70
Q

Mutual wills (not prohibited so long as not cojointly made)

A

Separate wills of 2 persons that are reciprocal in provision

71
Q

Rule on delegation

A

GEN: The duration/efficacy of the heirs, or the determination of their portions cannot be left to third persons

EXC: The distribution of specific property/sums of money to specified classes or causes may be left to a third person

72
Q

Extrinsic ambiguity

A

Ambiguity on its face; based on the provisions of the will

73
Q

Intrinsic ambiguity

A

Language of the will is clear but in light of extrinsic evidence, there is suggested more than 1 interpretation

74
Q

Governing law for a Filipino in a foreign country

A

Law of the country in which he may be

75
Q

Governing law for an alien living abroad

A

1) Law of the place of residence
2) Law of his citizenship
3) PH law

76
Q

Governing law for a will made in the PH by a citizen of another country

A

1) Law of the place of residence
2) Law of his citizenship

77
Q

Holographic will (Art. 810)

A

A will entirely written, dated and signed by the hand of the testator

78
Q

Governing law (time)

A

Law in force at the time the will is made

79
Q

Rule regarding place of execution

A

GEN: Law of the country where the will was executed

EXC: Wills executed before diplomatic/consular officers of the Philippines, then PH law

80
Q

Law governing content

A

1) Rights to inheritance of a person that died before the NCC, will be governed by the old CC
2) Rights of those who die after the NCC, will be governed by the NCC; BUT testamentary provisions will only be carried out as may be permitted by the NCC

81
Q

Governing law for successional rights

A

As to order of succession, amount of successional rights and intrinsic validity of the provisions, consider the national law of the decedent

82
Q

Testamentary capacity

A

1) Know the nature of your estate
2) Proper objects of his bounty
3) Character of the testamentary act

(Ortega v. Valmonte)

83
Q

Presumption regarding mental capacity

A

PRESUMPTION: That every person is of sound mind

BURDEN OF PROOF: On the person opposing probate
EXC: If the testator, 1 month or less before the execution of his will, was publicly known to be insane.
NEW BURDEN: On the person maintaining validity to prove the will was made during a lucid interval

84
Q

Rule regarding supervening incapacity

A

Supervening incapacity does not invalidate an effective will. The vice versa is true– that supervening capacity will not validate a will of in incapable person.

85
Q

Requirement for all wills (Art. 804)

A

1) In writing
2) In a dialect known to the testator

86
Q

Solemnities of a Notarial Will (Art. 805, 806)

A

1) Subscribed at the end by the testator himself/by the testator’s name written by some other person in his presence, and by his express direction
2) Attested and subscribed by 3 or more credible witnesses
3) Testator + witnesses must also sign each and every page on the left margin (except the last)
4) Number the pages correlatively in letters on the upper part of each page
5) Have an attestation clause with the (1) number of pages and (2) the fact that the testator signed the will and every page thereof in the presence of the instrumental witnesses, and (3) the latter witnesses witnessed and signed the will and all the pages in the presence of the testator and of each other

6) Acknowledged before a notary public by the testator and witnesses

87
Q

Who may be a witness (Art. 820)

A

Any person:
1) Of sound mind
2) 18 or more
3) Not blind, deaf or dumb
4) Able to read and write

88
Q

Those disallowed from being a witness (Art. 821)

A

1) Those not domiciled in the PH
2) Those convicted of falsification of a document, perjury or false testimony

89
Q

Those incapable of succeeding (Art 1027).

A

1) Priest who heard last confession/minister that extended spiritual aid;
2) The above’s relatives within the 4th degree or the church they belong to
3) Guardian with respect to their ward before the final account of guardianship had been approved; EXC when they are family to the ward
4) Any attesting witness to the execution; and their spouse, parents or children
5) Physician, nurse, health officer that took care of them in their last illness
6) Individuals, associations and corps. not permitted by law

90
Q

What if testator is deaf or deaf-mute? (Art. 807)

A

1) Must personally read the will if able; or
2) Designate 2 persons to read and communicate it to him

91
Q

What if testator is blind? (Art. 807)

A

1) Will shall be read to him twice (an attesting witness, then by the notary public)

92
Q

Substantial compliance

A

Absent bad faith, forgery, fraud, or undue and improper pressure and influence

93
Q

Probate of a holographic will (Art. 811)

A

1) At least 1 witness who knows the handwriting and signature of the testator. Must be an explicit declaration
2) If contested, need 3 witnesses
3) In the absence of witnesses, bring in expert testimony

94
Q

What happens if there are insertions, alterations, cancellations or erasures in a holographic will? (Art. 814)

A

Testator must authenticate the same with his full signature

95
Q

Attestation vs. Subscription

A

Attestation – witnessing the testator’s execution of the will to prove that the things needed to be done were indeed done and that the signature of the testator does in fact exist as a fact

Subscription – Signing of the witnesses’ names upon the same paper for the purpose of ID-ing the paper.

96
Q

Azuela v. CA

A

1) No proper notarial acknowledgement
2) No number of pages in the attestation clause
3) Not signed by the witnesses in the attestation clause

97
Q

Caponong-Noble v. Abaja

A

1) No need to state that you knew the language used
2) Don’t allow evidence aliunde to fill voids in an incomplete will

98
Q

Acknowledgement

A

The act of one who has executed a deed in going before some competent officer or court and declaring it to be his act or deed.

99
Q

Lee v. Tambago

A

A notary public, especially a lawyer,is bound to strictly observe these elementary requirements.

100
Q

In re: Probate of Cosico

A

No to strict application of law.
Rule regarding the blind extended to the illiterate

101
Q

Gonzales v. CA

A

It is enough that the qualifications enumerated in Article 820 of the Civil Code are complied with, such that the soundness of his mind can be shown by or deduced from
his answers to the questions propounded to him, that his age (18 years or more) is shown from his appearance, testimony, or competently proved otherwise, as well as the
fact that he is not blind, deaf or dumb and that he is able to read and write to the satisfaction of the Court, and that he has none of the disqualifications under Article 821 of the Civil Code.

102
Q

Ajero v. CA

A

Issues presented for probate are:
(1) whether the instrument submitted is, indeed, the decedent’s last will and testament;
(2) whether said will was executed in accordance with the formalities prescribed by law;
(3) whether the decedent had the necessary testamentary capacity at the time the will was executed; and,
(4) whether the execution of the will and its signing were the voluntary acts of the decedents

103
Q

How to incorporate by reference any document or paper (Art. 827)

A

1) Document referred to is in existence at the time of the execution of the will
2) Will clearly described and identifies the same; stating also the number of pages thereof
3) Identified by clear and satisfactory proof as the document referred to therein
4) Signed by the testator and the witnesses on each and every page; except in case of voluminous books

104
Q

Codicil vs. Document Incorporated by Reference

A

1) When executed
2) Manner of execution
3) Contents regarding prior will
4) Effect on will

105
Q

Requisites for a valid incorporation

A

1) Its reference in the will must be distinct
2) Reference must indicate that the writing has already been made

106
Q

Codicil (Art. 825)

A

A supplement or addition to a will made after the will’s execution, annexed, to be taken as a part thereof

107
Q

Codicil vs. Subsequent will

A

If it only explains, alters or adds, then it is a codicil

1) When executed
2) Manner of execution
3) Contents with respect to prior will
4) Effect on prior will

Succession (2 decks)

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