Succession Midterm

Question 1

Define Succession.

Answer 1

Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by will or by operation of law.

Question 2

What is included in the inheritance?

Answer 2

Art. 776. Inheritance includes:
•property
•rights
•obligations not extinguished by his death

Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession.

Question 3

Define a will.

Answer 3

Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death.

Question 4

Requisites of Succession.

Answer 4

Requisites of Succession (DATE)
D- Death of decedent
A- Acceptance of the inheritance by the successor
T- Transmissible estate
E- Existence and capacity of successor, designated by decedent or by law

Question 5

Requisites of testamentary capacity.

Answer 5

Requisites of testamentary capacity:
1. All persons not expressly prohibited by law (Art. 796)
2. At least 18 years of age (Art. 797)
3. Of sound mind (Art. 798)

Question 6

Discuss “of sound mind” as a testamentary capacity.

Answer 6

Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause

It shall be sufficient if the testator was able at the time of making the will to know:
•the nature of the estate to be disposed
•the proper object of his bounty
•the character of the testamentary act

Question 7

What are the requisites or formalities in the execution of a notarial will?

Answer 7

(W-La-SAPNAN)

•W - in Writing (Art. 804)

•La- executed in a Language or dialect known to the testator (Art. 804) - mandatory (Art. 804)

•S- Subscribed at the end thereof by the testator himself or by the testator’s name by some other person in his presence, and by his express direction (Art. 805)

•A- Attested and subscribed by three or more credible witnesses in the presence of the testator and of one another (Art. 805)

•P- the testator or the person requested by him to write his name and the instrumental witnesses must also sign every Page, except the last, on the left margin in the presence of the witnesses (Art. 805)

•N- all the pages shall be Numbered correlatively in letters on the upper part of each page (Art. 805)

•A- must contain an Attestation clause which expressly state the following:
a. The number of pages used upon which the will is written
b. The fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, and in the presence of the instrumental witnesses
c. The fact that the witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and of one another (Art. 805)

•N- must be acknowledged before a Notary public by the testator and the witnesses (Art. 806)

Question 8

Formalities required in the execution of Holographic Wills.

Answer 8

Formalities required in the execution of Holographic Wills: (Art. 810)

E - Entirely handwritten by the testator

D - Dated by the testator

S - Signed by the hand of the testator himself

Question 9

What are the rules in the probate of Holographic Wills?

Answer 9

Under Art. 811, the following rules are to be observed as to the number of witnesses to be presented:

•Not contested - at least one witness who knows the handwriting and signature of the testator

•Contested - at least three witnesses shall be required to explicitly declare that the signature in the will is the genuine signature of the testator

In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to.

Question 10

What are the qualifications of witnesses of a will?

Answer 10

Under Art. 820-821, the following are the qualifications of witnesses:
(S-18-A-B-C-D)

S - of Sound mind
18 - at least 18 years of age
A - Able to read and write
B - not Blind, dead or dumb
C - must not have been Convicted by final judgment of falsification of a document, perjury, or false testimony
D - Domiciled in the Philippines - his habitual residence must be in the Philippines

Question 11

What is a Codicil?

Answer 11

Article 825.A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered.

Question 12

Requisites of Incorporation by Reference.

Answer 12

Art. 827. Requisites of Incorporation by Reference (E-D-I-S)

Existence - The document or paper referred to in the will must be in existence at the time of the execution of the will;

Describe - The will must clearly describe and identify the same, stating among other things the number of pages thereof;

Identified - It must be identified by clear and satisfactory proof as the document or paper referred to therein; and

Signed - It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories.

Question 13

What is Incorporation by Reference?

Answer 13

Incorporation by Reference is the incorporation of an extrinsic document or paper into a will by reference so as to become a part thereof.

Question 14

Discuss the Governing Law in case of Revocation of a Will.

Answer 14

1. Revocation takes place in the Philippines - Philippines laws
2. Revocation takes place outside the Philippines:

a. Testator is Domiciled in the Philippines - Philippine laws

b. Testator is not domiciled in the Philippines:
•Laws of the place where the will was made
•Laws of the place in which the testator had his domicile at the time of Revocation

Art. 829

Question 15

Modes of Revoking a Will.

Answer 15

Article 830.No will shall be revoked except in the following cases:

(1) By implication of law; or

(2) By some will, codicil, or other writing executed as provided in case of wills; or

(3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court.

Question 16

Grounds for the Disallowance of a Will.

Answer 16

Article 839. The will shall be disallowed in any of the following cases:

(1) If the formalities required by law have not been complied with;

(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;

(3) If it was executed through force or under duress, or the influence of fear, or threats;

(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person;

(5) If the signature of the testator was procured by fraud;

(6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto.

Question 17

What do you mean by Institution of Heir?

Answer 17

Article 840.Institution of heir is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations.

Question 18

What is Preterition and its requisites?

Answer 18

Article 854.The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator.

The requisites are:
A. There is total omission in the inheritance
B. The omission must be of a compulsory heir
C. The compulsory heir omitted must be in the direct line

Question 19

What is Substitution of Heirs?

Answer 19

Article 857.Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted.

Question 20

What are the different kinds of Substitution?

Answer 20

Article 858.Substitution of heirs may be:

(1) Simple or common - takes place when the heir instituted:
•predeceases the testator;
•repudiates the inheritance; or
•incapacitated to succeed

(2) Brief or compendious - when two or more persons are substituted for one; and one person for two or more heirs

(3) Reciprocal - one heir is designated as a substitute for an instituted heir while the latter is simultaneously instituted as a substitute for the former

(4) Fideicommissary (Indirect Substitution) - it is a substitution by virtue of which the fiduciary or first heir instituted is entrusted with the obligation to preserve and to transmit to a second heir the whole or part of the inheritance. It shall be valid provided such substitution does not go beyond one degree from the heir originally instituted, and provided further, that the fiduciary or first heir and the second heir are living at the time of the death of the testator.

Question 21

Sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate.

Answer 21

Article 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:

(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;

(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;

(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;

(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;

(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;

(6) Maltreatment of the testator by word or deed, by the child or descendant;

(7) When a child or descendant leads a dishonorable or disgraceful life;

(8) Conviction of a crime which carries with it the penalty of civil interdiction.

Question 22

Sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate.

Answer 22

Article 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:

(1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;

(2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;

(3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false;

(4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;

(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;

(6) The loss of parental authority for causes specified in this Code;

(7) The refusal to support the children or descendants without justifiable cause;

(8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them.

Question 23

Sufficient causes for disinheriting a spouse.

Answer 23

Article 921.The following shall be sufficient causes for disinheriting a spouse:

(1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;

(2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false;

(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;

(4) When the spouse has given cause for legal separation;

(5) When the spouse has given grounds for the loss of parental authority;

(6) Unjustifiable refusal to support the children or the other spouse.

Question 24

Who are the Compulsory Heirs?

Answer 24

Article 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in article 287.

Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code.

Question 25

Define Disinheritance.

Answer 25

Disinheritance is the process or act, through a testamentary disposition of depriving in a will any compulsory heir of his legitime for true and lawful causes.

Question 26

Requisites for valid Disinheritance.

Answer 26

a. Must be made in a will
b. Must be made expressly
c. Must be for a legal cause
d. Must be for a true cause
e. Must be f for an existing cause
f. Must be total or complete
g. The cause must be stated in the will itself
h. The heir d disinherited must be clearly identified
i. The will must not have been revoked

Question 27

Burden of proving the truth of the cause of disinheritance.

Answer 27

Art. 917. The other heirs of the testator, if the disinherited heir should deny it.

Question 28

Three cases when disinheritance is considered invalid or ineffective or illegal.

Answer 28

A. No cause stated
B. Not for a true cause
C. Not for a legal cause
D. Subsequent reconciliation

Question 29

Effects of Ineffective Disinheritance.

Answer 29

A. It shall annul the institution of heirs insofar as it may prejudice the person disinherited, that is, insofar as the legitime of said heir is impaired

B. The devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.

Question 30

Effects of Reconciliation with regards to Disinheritance

Answer 30

a. If no disinheritance has been made yet, no disinheritance can now be done.
b. Disinheritance already made is rendered INEFFECTUAL; in other words, it is as if there had been no disinheritance at all.

Question 31

How Disinheritance is Revoked?

Answer 31

a. Subsequent reconciliation
b. The making of a new will making the disinherited heir an instituted heir

Question 32

Three systems affecting the Legitime.

Answer 32

a. Legitime (Partial Reservation)
b. Total Reservation
c. Total Freedom of Disposition

Question 33

When does obligation to reserve ceases?

Answer 33

a. Death of the reservor
b. Death of ALL the would-be reservees AHEAD of the reservor
c. Loss of the reservable properties - loss must be accidental, absent any fault or negligence
d. Prescription - held adversely by reservor
e. Registration as free from reservation - if already sold
f. Renunciation or waiver by ALL the reservees AFTER the death of the reservor

Question 34

Requisites for VALID Institution.

Answer 34

a. the will must be extrinsically valid
b. the institution must valid intrinsiically
c. the institution must be effective

Question 35

What happens if a VOLUNTARY HEIR predeceased the testator?

Answer 35

Art. 856 A voluntary heir who dies before the testator transmits NOTHING to his heirs. - NO RIGHT OF REPRESENTATION

Question 36

Requisites and Limitations of the Fideicommissary Substitution.

Answer 36

a. There must be a FIRST HEIR called primarily or preferentially to the enjoyment of the property.
b. There must be an obligation clearly imposed upon him to preserve and transmit to a third person the whole or part of the inheritance
c. A SECOND HEIR
d. The 1st and 2nd heirs must be only one degree apart
e. Both heirs must be alive (or at least conceived) at the time of the testator’s death
f. Must be made in an EXPRESS manner
g. Must not burden the legitime
h. Must not be conditional

Question 37

Rules if Second Heir predeceases the Fiduciary in Art. 866.

Answer 37

a. The 2nd heir inherits, not from the 1st heir, but from the testator. The right of the 2nd heir shall pass to his heirs.
b. Essential requisites of fideicommissary substitution must be present for this Article to apply.

Question 38

Effect of Nullity of the Fideicommissary Substiitution.

Answer 38

Art. 868 it will not affect the institution of the heirs first designated; the fideicommissary clause shall simply be considered not written.