will sand succession memory aid

7/26/2019 Will Sand Succession Memory Aid

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CHARACTERISTICS OF SUCCESSION:1. Mode of acquisition2. The property, rights & obligations to the extent of the value of the inheritance

transmitted3. The transmission taes place only by virtue of death!. The transmission taes place either by "ill or by operation of la"

#. The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctlystated, time o !esti"# o t$e s%ccessio"al ri#$t&:

1. $eath of the decedent2. %xpress "ill of the testator calling succession andor provision of la" prescribing

successors3. 'ights or properties are transmissible!. Transferee is still alive (didn)t predecease*#. Transferee is capacitated to inherit+. cceptance of the inheritance by the successor

'INS OF SUCCESSION:1. Testamentary - succession by "ill2. ntestate - succession in default of a "ill3. Mixed

Treatme"t o accr%als %"der t$e la)s o s%ccessio":1. a. rticle /03 refers to accruals after the maing of the "ill

b. rticle /1 refers to accruals after the death of the testator2. a. rticle /03 accruals don)t al"ays pertain to the testate heirs

b. rticle /1 accruals "ill al"ays pertain to the testate heirs

*ill- an act "hereby a person is permitted, "ith the formalities prescribed by la", to

control, to a certain degree the disposition of his estate, to tae effect after his death.

+alidity o )ills

ETRINSIC FORFI-I.INOS FORFOREIGNERS

1. overning la" as to time rticle /0# - la" in force"hen "ill "as executed

ame rule (assumption4 "illis being probated here*

2. overning la" as to place 5a" of citi6enship 5a" of citi6enship

5a" of domicile 5a" of domicile

5a" of residence 5a" of residence

5a" of place of execution 5a" of place of execution

7hilippine la" 7hilippine la"

INTRINSIC 89'857:9 89'89'%:%'

1. overning la" as to time rticle 22+3 - la" at timeof death

rticle 1+, rticle 1;30 -depends on personal la"

2. overning la" as to place rticle 1+, rticle 1;30 -7hilippine la"

rticle 1+, rticle 1;30 -national la"

Testame"tary Ca/acity1. ll persons not expressly prohibited by la"2. 1 years old and above3. ound mind

0 'i"ds o *ills:1. :otarial "ill - rticles ;!


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Commo" re1%ireme"ts t$at a//ly to t$e 0 2i"ds o )ills 1. n "riting 2. n a language or dialect no"n to the testator

REQUISITES FOR +A-I NOTARIA- *I--:1. n "riting

2. %xecuted in a language or dialect no"n to the testator3. ubscribed by the testator himself or by the testator)s name "ritten by some

other person in his presence & under his express direction at the end thereof, atthe presence of "itnesses

!. ttested & subscribed by at least 3 credible "itnesses in the presence of thetestator and of one another

#. %ach & every page must be signed by the testator or by the person requested byhim to "rite is name, & by instrumental "itnesses in the presence of each other,on the left margin

+. %ach & every page of the "ill must be numbered correlatively in letters placed onthe upper part of each page

/. Must contain an attestation clause, stating the follo"ing4

a. The number of pages of the "illb. 8act that the testator signed the "ill & every page in the presence of

"itnesses, or caused some other person to "rite his name under hisexpress direction

c. ll "itnesses signed the "ill & every page thereof in the presence of thetestator & of one another

. Must be acno"ledged before a notary public

Additio"al re1%isite i dea or m%te:Must either4

1 1. 'ead "ill personally, if able to do so>

2. 9ther"ise, he shall designate 2 persons to read it & communicate to him the

contents

Additio"al re1%isite i 3li"d:?ill shall be read to him t"ice4

1. 9nce by one of the subscribing "itnesses 2. 9nce by the notary public before "hom it is acno"ledged

REQUISITES OF HO-OGRA.HIC *I--:1. n "riting2. %xecuted in a language or dialect no"n to the testator3. %ntirely "ritten, dated & signed by the hand of the testator himself

AMENING A *I--:1. :otarial "ill can only be amended through a codicil2. =olographic "ill can be amended in 3 "ays4

a. $ispositions may be added belo" the signature, 7'9@$%$ that saiddispositions are also dated & signed & everything is "ritten by the handof the testator himself

b. Aertain dispositions or additional matter may be suppressed or inserted7'9@$%$ that sad cancellation is signed by the testator & is "ritten bythe testator himself (no need to be detailed*

c. %xecuting a codicil "hich may either be notarial or holographic

Eect o ca"cellatio", additio" i"sertio"&, or eras%re o" t$e !alidity o t$e )ill

1. f made by the hand of the testator & authenticated by him4 alters the "ill "ithoutaffecting its validity

2. f made by the hand of the testator but "as not authenticated by him4 deemed asif not "ritten at all

3. f made by testator but not hand"ritten4 entire "ill is nullified!. By a stranger & the testator has authenticated the same4 entire "ill is nullified#. Made by a stranger but not authenticated by the testator4 deemed as if not

"ritten at all


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*$at is a codicil4t is a supplementary or addition to a "ill, made after the execution of the "ill &

annexed to be taen as part by "hich any disposition in the original "ill may beexplained, added to or altered.

Q%aliicatio"s o a )it"ess a"d a testator:*ITNESS TESTATOR

1. t least 1 years old2. 7hysically fit (not deaf, dumb, blind*3. 5iterate, able to read and "rite!. :o prior conviction for perCuryfalse

testimonyfalsification#. :ot the notary public before "hom

the "ill is acno"ledged+. ound mind/. $omiciled in the 7hilippines

1. ame2. May be blind, deaf or deaf


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b. =o"ever, he must respect restrictions imposed by special la"s2. f one has compulsory heirs4

a. =e can give only the disposable portion to strangersb. 5egitimes of compulsory heirs must be respected

.RETERITION:

1. There must be an omission of one, some or all of the heirs in the "ill2. The omission must be that of a A9M7D59'E =%'3. Aompulsory heir omitted must be of the $'%AT 5:%!. The omitted compulsory heir must be 5@: at the time of testator)s death or

must at least have been A9:A%@%$ before the testator)s death

Eects o /reteritio":1. The institution of heirs is annulled2. $evises & legacies shall remain valid as long as they aren)t officious

ISINHERITANCE 8 t is the act by "hich the testator, for Cust cause, deprives acompulsory heir of his right to the legitime.

.reteritio" !s9 isi"$erita"ceISINHERITANCE .RETERITION

%xpress deprivation of legitime Tacit deprivation of legitime

l"ays voluntary May also be voluntary but is presumed tobe involuntary (as it)s an omission tomention as an heir or though mentioned,isn)t instituted as an heir*

5egal cause is present 7resumed by la" to be a mere oversight

%ven a compulsory heir may be totallyexcluded

Aompulsory heir is merely restored to hislegitime

Re1%isites or a !alid disi"$erita"ce1. =eir disinherited must be designated by name or in such a manner as to leave no

room for doubt as to "ho it is intended2. $isinheritance must be for a cause designated by la"3. t must be made in valid "ill!. t must be made expressly, stating the cause in the "ill itself#. Aause must be certain & true, & must be proved by interested heirs if the person

disinherited should deny it+. t must unconditional/. Must be total

S%mmary o ca%ses o disi"$erita"ce

GROUNSFORISINHERITANCE

CHI-RENESCENAN

TS

.ARENTSASCENANT

S

S.OUSE UN*ORTHINESS

1 uiltyconvicted of attemptagainst life of testatorspouse ascendantdescendant

F F F F


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GROUNSFORISINHERITANCE

CHI-RENESCENA

NTS

.ARENTSASCENANT

S

S.OUSE UN*ORTHINESS

2 ccused testatordecedent of crime

punishable byimprisonment of more than+ years, found groundless,false

F F F F

3 Aauses testator decedentto mae "ill or change oneby fraud, violence,intimidation, or undueinfluence

F F F F

! DnCustified refusal tosupport testator

F F F

# Aonvicted of adultery orconcubinage "ith spouseof testator decedent

F F F

+ Maltreatment of testator by"ord & deed

F

/ 5eading a dishonorable ordisgraceful life

F

Aonviction of crime "hichcarries penalty of civilinterdiction

F

0 bandonment of childrenor inducing children to livecorrupt and immoral life orattempted against virtue

F F

1; 5oss of parental authority F F

11 ttempt by one parentagainst life of the otherD:5% there)sreconciliation bet"eenparents

F

12 pouses given cause forlegal separation

F

13 8ailure to report violentdeath of decedent "ithin 1month, unless authoritieshave already taen action

F

1! 8orce, violence,intimidation or undueinfluence to preventanother from maing a "illor revoing one alreadymade or "ho supplants oralters the latter)s "ill

F

1# 8alsifies or forges asupposed "ill of thedecedent

F

Ca%ses o !aca"cy i" s%ccessio":1. The testator creates it himself - disinheritance2. The does something - repudiates3. omething happens to the heir - incapacitated predecease

Ho) are !aca"cies illed:1. ubstitution


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2. 'epresentation3. ccretion

Classes o s%3stit%tio"1. ingular or vulgar substitution

a. imple

b. Brief c. Aompendiousd. 'eciprocal

2. 8ideicommissary ubstitution

FIEICOMMISSAR; SU5STITUTION- substitution is a fideicommissary substitutionif the testator institutes an heir "ith an obligation to deliver to another the propertyso inherited. The heir instituted to such condition is called the first heir or fiduciaryheir, the one to receive the property is the fideicommissary or second heir.

Re1%isites o a ideicommissary s%3stit%tio":1. 1stheir or fiduciary is first called to the enCoyment of the property so inherited

2. 2ndheir or fideicommissary substitute3. n obligation clearly imposed on the fiduciary to preserve & transmit the property

to a fideicommissary substitute!. The substitution doesn)t go beyond the 1stdegree of the fiduciary#. The fideicommissary substitution is made expressly+. Both the fiduciary & the fideicommissary substitute are living or at least

conceived at the time of the death of the testator/. The fideicommissary substitution is imposed on the free portion of the estate &

not on the legitime

-EGITIME- t is that part of the testator)s property "hich he cannot dispose ofbecause the la" has reserved it for certain heirs called compulsory heirs.

iere"t classes o $eirs:1. @oluntary heirs - succeed by virtue of a "ill2. 5egal or intestate heirs - succeed by operation of la" in the absence of a "ill3. Aompulsory heirs - succeed because the la" reserved for them

Classes Com/%lsory Heirs:1. 7rimary

a. 5egitimate children & their descendants (legitimate*b. urviving spouse (legitimate*c. llegitimate children & their descendants (legitimate or illegitimate*

2. econdary

a. 5egitimate parents & ascendants (legitimate* - inherit only in default of 1ab. llegitimate parents (no other ascendants* - inherit only in default of 1a &

1c

S%mmary o le#itimes o com/%lsory $eirs:

SUR+I+INGRE-ATI+ES

-EGITIMATECHI-REN

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