Substitution, Legacies, Devisees

Question 1

Substitution

Answer 1

The appointment of another heir that is meant to enter into inheritance in default of the original heir (Art. 857)

Question 2

Substitution vs. Accretion

Answer 2

Accretion is the right by which, when 2 or more persons who are called to the same inheritance, that part assigned to him who cannot receive, is added to that of his co-heirs.

A substitute is preferred to an heir entitled to accretion.

Question 2

Substitution vs. Accretion

Answer 2

Accretion is the right by which, when 2 or more persons who are called to the same inheritance, that part assigned to him who cannot receive, is added to that of his co-heirs.

A substitute is preferred to an heir entitled to accretion.

Question 3

Effect of substitution (Art. 862)

Answer 3

GEN: Subject to the same charges and conditions

EXC:
1) If the testator expressly provides otherwise; or
2) The charge is personal to the original heir

Question 4

Kinds of substitution (Art. 858)

Answer 4

1) Simple
2) Brief
3) Reciprocal
4) Fideicommisary

Question 5

Simple substitution (Art. 859)

Answer 5

Testator designates 1 or more persons to substitute the heir or heirs.

Question 6

When does simple substitution take place? (Art. 859)

Answer 6

1) When the original heir predeceases the testator;
2) When the heir repudiates the inheritance;
3) When the heir is incapacitated to succeed

Question 7

Can substitution take place even when the original heir survives the testator?

Answer 7

YES. Because they may lose inheritance still by reason of 1) Repudiation or 2) Incapacity

Question 8

How is the substitution extinguished?

Answer 8

1) Nullity of the will
2) Annulment of the institution of the heir
3) Predeceased
4) Repudiation
5) Incapacity

Question 9

Brief substitution (Art. 860)

Answer 9

Form of substitution that includes all kinds of substitutions and all heirs.

When 2 or more persons substitute for one; or 1 substitutes for 2 or more

Question 10

What happens to the substitute if only 1 of the instituted heirs dies before the testator?

Answer 10

GEN: No substitution because the condition for it did not get complied with. The share of the dead heir will go to legal succession or other heirs by right of accretion.

EXC: If the substitute is named for ANY or ALL heirs. If one dies, the substitute will be substituted for the share of that heir that died.

Question 11

When does accretion take place? (Art. 1016)

Answer 11

1) When 2 or more heirs are called to the same inheritance; same portion; pro indiviso
2) One of the heirs predeceases the testator, renounces the inheritance or is incapacitated

Question 12

Reciprocal substitution (Art. 861)

Answer 12

When heirs instituted in unequal shares are reciprocally substituted, the substitute shall acquire the share of the heir who dies.

If there are more than 1 substitute, they shall apportion the share of the deceased heir in proportion to what they have in the institution.

Question 13

Fideicommissary (Art. 863)

Answer 13

The first heir (fiduciary) is granted the obligation to preserve and transmit to the 2nd heir the inheritance

Question 14

Requisites for fideicommissary

Answer 14

1) The first heir is called into succession
2) The first heir has the obligation to preserve and transmit the same
3) There is a 2nd heir to whom the property is to be transmitted

Question 15

Can a fiduciary alienate the inheritance?

Answer 15

Only to the 2nd heir. He has only right of enjoyment.

Question 16

What if the testator merely names an heir and says that if such heir should die a 2nd heir shall succeed?

Answer 16

This is simple substitution only; to be effective only if the 1st heir predeceases the testator

Question 17

What if the testator provides that the 1st heir shall enjoy the property during his life, and upon his death, it will pass to another designated heir?

Answer 17

Merely a legacy of the usufruct that terminates upon death of the legatee.

Question 18

What if the testator permits the 1st heir to dispose the property and designates others to succeed to what is left at the death of the 1st heir?

Answer 18

Still simple substitution since no obligation to preserve and transmit.

Question 19

Requisites for the 2nd heir

Answer 19

1) Must not be beyond 1 degree from the original heir
2) Must be living at the time of the testator’s death

Question 20

What are allowable deductions from the inheritance by the fiduciary? (Art. 865)

Answer 20

1) Legitimate expenses - For acquisition and preservation
2) Credits; and
3) Improvements - Necessary or useful expenses

Question 21

How to make a fideicommissary substitution express?

Answer 21

1) Indicate the substitution by its name; or
2) Expressly impose upon the 1st heir the absolute obligation to deliver the property to the 2nd heir

Question 22

Right of the fideicommissary

Answer 22

1) Fiduciary – Right of usufruct
2) 2nd heir – Naked ownership (Ownership of bare title)

Question 23

Fideicommissary substitutions that shall have no effect (Art. 867)

Answer 23

1) Those not made in an express manner;
2) Those that contain a perpetual prohibition (or even temporary) when they go against Art. 863 or the 20-year rule
3) Those that impose an obligation on the heir to pay to various persons successively, an income or pension beyond the limits imposed by Art. 863
4) Those that leave property to a heir so that he may apply or invest it according to secret instructions by the testator

Question 24

Legacies and devices

Answer 24

Gifts of personal and real proeprty

Question 25

What may be the object of legacies and devises (Art. 924)

Answer 25

All things and rights within the commerce of man

Question 26

What does it mean to be within the commerce of man?

Answer 26

1) Susceptible of appropriation; and
2) Transmissible from one to another

Question 27

Who is burdened with legacies and devises? (Art. 825)

Answer 27

GEN: The legacies and devises constitute a burden on the heirs (now the estate) to be paid by the executor/administrator

EXC: Legatees or devisees will be considered burdened only when the testator expressly provides

Question 28

When is an HDL said to be charged with a legacy or devise?

Answer 28

1) When the testtator has imposed a charge/burden in favor of another person upon the property or portion given to the HDL; or
2) When the HDL is personally charged with certain duties or obligations by reason of the legacy or devise given to him (even if it involves delivery to others of things belonging to him)

Question 29

Generic legacy

Answer 29

1) Genus or species of the object should be determined; and the quantity specified

Question 30

Specific legacy or devise

Answer 30

When only one of the species is in the estate

Question 31

How to choose if alternative legacies.devises

Answer 31

The choice is limited to the things given in the alternative

Question 32

How to choose if generic devises of immovables

Answer 32

Limited to those in the hereditary estate; if there are none, the devise is inoperative

Question 33

How to choose if generic legacy of movables

Answer 33

Get those in the estate; if there are non of the kind in the estate, the selection may be among any outside the estate.

Question 34

Succession of the right of selection

Answer 34

Should the party with the right die before exercising his option, his right shall pass to his heirs (the heirs being the persons entitled to choose)w

Question 34

Succession of the right of selection

Answer 34

Should the party with the right die before exercising his option, his right shall pass to his heirs (the heirs being the persons entitled to choose)w

Question 35

Warranty for generic legacies and devises (Sec. 928)

Answer 35

HDL is a warrantor for generic legacies or devises. There also exists warranties against hidden encumbrances or defects.

Question 36

Rule regarding legacies and devises that are partly owned by others and are then partitioned (Art. 929)

Answer 36

1) If the property is adjudicated to the testator, the same rule applies and the legacy or devise is still granted as to the part that belongs to the testator
2) If the property is adjudicated to the third-person owner and the testator DID NOT bequeath the entire property, the legacy/devise is REVOKED
3) If the property is adjudicated to the third-person owner and the testator GAVE THE ENTIRE property, then the transfer of his interest ANNULS the legacy/devise BUT leaves effective the legacy/devise with respect to that which belonged to the third person

Question 37

Rule regarding things that belong to another (Art. 930)

Answer 37

GEN: A legacy or devise belonging to another is VOID if the testator erroneously believed that thing belonged to him.

EXC: If the thing ends up becoming the testator’s, the disposition is valid

Question 38

Rule regarding legacies and devises of specific things belonging to third persons (Art. 931)

Answer 38

GEN: If the testator orders that thing belonging to another be acquired for a legacy or devise, the heir must acquire it.

QLF: If the owner of the things refuses to alienate or demands an excessive price, then the heir will just be obliged to give the just value of the thing. He’ll get the money to pay for it out of the residue of the estate

Question 39

Effect when a legatee or devisee already has the thing bequeathed at the time of will execution (Art. 932)

Answer 39

The legacy or devise will be ineffective (even if another may have some interest therein)

It shall be without effect (even though it be subsequently alienated by the L/D) (Art. 933)

Question 40

Effect when a legatee or devisee acquires the thing gratuitously after such time (Art. 933)

Answer 40

He may claim nothing BUT if it was acquired onerously, he may demand reimbursement from the estate

Question 41

Difference between Art. 925 and Art. 933

Answer 41

In Art. 925, the thing bequeathed is to a third person belonging to a legatee or devise.

In Art. 933, the thing belongs to the legatee or devisee himself who is favored. It’s void because the legatee or devisee already has property.

Question 42

Effect when a thing bequeathed that is charged with an encumbrance belongs to the legatee or devisee already (Art. 933)

Answer 42

Same effect; the legacy/devise is VOID.

EXC: If the testator expressly states that the encumbrance shall be extinguished, the legacy or devise is valid up to that extent.