“The Layman’s Guide to Settlement of Estate in the

Philippines”

The Bayleaf Cavite, General Trias City, Philippines

8:00AM to 12:00PM, Friday, 24 May 2019
https://www.facebook.com/events/825477077816243/

Course Outline

I. Introduction
A. Why are you attending the seminar?
B. What is the objective in this seminar?
C. Definition of Inheritance and Estate
D. Succession as a mode of acquiring ownership
E. Types of Succession under the New Civil Code

II. Overview of Basic Principles in Succession

A. What is the right of accretion?
B. Who are capacitated to succeed in the estate of a deceased person?
C. Who may accept and repudiate an inheritance?
D. Do you need an Executor or Administrator for your estate?
E. What is the meaning of collation in the settlement of the estate?

III. Dying Without a Will in the Philippines

A. What are the Basic Rules of Intestacy?
B. What is the Rule on Representation in Intestacy?
C. What is the Order of Intestate Succession?
1. Rules of Exclusion and Concurrence in Intestacy
2. Combinations in Intestate Succession

IV. What is a will? And is it really important in this day and age?
A. What are the characteristics of wills?
B. What are the types of wills and their respective requirements?
C. What are the rules on formal validity of making a will?
D. Are Joint Wills allowed in the Philippines?
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E. What are the qualifications of the witnesses to a notarial will?

F. Can the testator add to, alter or replace a disposition in an existing will?
G. Can wills incorporate documents by reference?
H. Is there such a thing as an irrevocable will?
I. What are the rules of republication and revival of will?
J. What is allowance (PROBATE) and disallowance of wills?
K. What are the rules on institution of heirs?
L. What is the concept of PRETERITION?
M. What are the kinds of substitution of heirs?
N. What are the three kinds of testamentary dispositions?
O. What is the system of legitimes?
1. What is the meaning and nature of LEGITIMES?
2. Who are the compulsory heirs?
3. What are the portions assigned as legitimes?
4. What is RESERVA TRONCAL?
5. Can a testator deprive his compulsory heirs of their legitimes?
P. Six points to consider in cases of DISINHERITANCE

Q. What are the legacies and devises under the Law on Testamentary
Succession?

1. What are the rules on Legacy or Devise?

2. What are alternative legacies or devises?
3. What are the rules on validity of generic legacies or devises?
4. What are the special types of legacy?
a. Legacy for Education
b. Legacy for support
c. Legacy of a periodic pension.
d. Demandability, ownership and fruits of Legacies/Devises
e. What are the rules on Acceptance and Repudiation of
Legacies/Devises?

f. What are the rules in case of repudiation by or incapacity of

Legatee/Devisee?

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V. How do you partition and distribute the estate to the heirs of the
decedent?

A. What is the nature of the ownership of the properties upon the death of the
decedent?
B. How do we settle the estate of the decedent?
1. By EXTRAJUDICIAL SETTLEMENT under Rule 74, Section 1, Revised
Rules of Court

2. Through Judicial Order in the appropriate Petition for Allowance of a Will

under Rule 90, Revised Rules of Court

3. By an Action for Partition

C. What are the 2 kinds of partition?
D. What is the general rule of partition among co-heirs? What is the
exception?

E. Does an heir have the right to convey portion or portions of a property

before partition?

F. What are the effects of partition?

G. What are the causes for the rescission and annulment of Partition?

VI. How do we sell, transfer or convey the registered property of a

deceased relative in the shortest amount of time?

A. Is the extrajudicial settlement of the estate of a deceased person the only

way to do this?

B. What is the first step?

C. How do you determine the value of the gross estate and net estate?
D. What are the required documents for submission to the Bureau of Internal
Revenue?

E. What is the current rate of the estate tax imposed by the BIR on the
settlement of estate of a deceased person?

VII. What are the salient provisions of the Estate Tax Amnesty under
Republic Act No. 11213?

A. Legal Provisions
B. Provisions of the Implementing Rules and Regulations (IRR)

VIII. Summary, Key Learning Points and Takeaways

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