Legal or intestate succession occurs when: (1) a person dies without a will or with a void will; (2) a will does not dispose of all property; (3) a condition for inheriting does not occur or the heir dies or refuses the inheritance without substitution. Representation is a legal fiction that raises a representative to the place and degree of the represented, giving them the rights the represented would have. Representation operates when an heir predeceases, is disinherited due to incapacity or unworthiness, but not for renunciation. It applies to compulsory and intestate succession.
Legal or intestate succession occurs when: (1) a person dies without a will or with a void will; (2) a will does not dispose of all property; (3) a condition for inheriting does not occur or the heir dies or refuses the inheritance without substitution. Representation is a legal fiction that raises a representative to the place and degree of the represented, giving them the rights the represented would have. Representation operates when an heir predeceases, is disinherited due to incapacity or unworthiness, but not for renunciation. It applies to compulsory and intestate succession.
Legal or intestate succession occurs when: (1) a person dies without a will or with a void will; (2) a will does not dispose of all property; (3) a condition for inheriting does not occur or the heir dies or refuses the inheritance without substitution. Representation is a legal fiction that raises a representative to the place and degree of the represented, giving them the rights the represented would have. Representation operates when an heir predeceases, is disinherited due to incapacity or unworthiness, but not for renunciation. It applies to compulsory and intestate succession.
Art. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one
which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, of if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code.
Art. 970. Representation is a right created by fiction of law,
by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or he could have inherited.
2. Under what situations does it operate?
a. Predecease.-- Articles 982, 975. b. Disinheritance.-- Art. 923. c. Incapacity or unworthiness to succeed.-- Art. 1035.
(This) does not apply to renunciation. (See Articles 968,
969, 977.) 3. In what kinds of succession does Right of Representation operate? a. Compulsory b. Intestate