Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

INTESTACY

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

You might also like