Succession and Transfer Taxes Flashcards
What can be transmitted through death? (3)
Properties, Rights and Obligations
Types of Transfer Taxes (2)
Estate Tax (Donation mortis causa) Donor's Tax (Donation inter vivos)
Kinds of succession? (3)
Testate
Intestate/Legal
Mixed
Kinds of Compulsory Heirs? (3)
Primary
Secondary
Concurring
Composition of Gross Estate?
Legitime (75%) Free Portion (25%)
Order of Intestate Succession?
Legitimate children / descendants Legitimate parents / ascendants Illegitimate children / descendants Surviving spouse Brothers and sisters, nephews and nieces Other collateral relatives within 5th degree State / government
Who cannot make wills? (2)
Minors
Persons who are not of sound mind
Kinds of wills? (2)
Notarial / Ordinary / Attested Will
Holographic Will
Requisites for a Notarial Will? (3)
Writing and language must be executed in a language known by the testator
Must be subscribed by the testator himself or someone in his presence
Must be attested and subscribed by three more witnesses
Reasons for revoking a will?
By implication of law
By some will or codicil or other writing executed as provided in case of wills
By burning, tearing and obliteration of will with the intention of revoking it by the testator someone in his presence
Rights of representation (3)
Death
Incapacity
Disinheritance