Distribution of estate

If compulsory heir  charge to legitime

If devisee/legatee  charge to free portion

1. if any of decedent’s property is subject to collation, collate

2. check if incapacitated

RELATIVE INCAPACITY
Article 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness, or
the minister of the gospel who extended spiritual aid to him during the same period;
(2) The relatives of such priest or minister of the gospel within the fourth degree,
the church, order, chapter, community, organization, or institution to which such priest or minister
may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his favor
before the final accounts of the guardianship have been approved, even if the testator should die after the
approval thereof;
nevertheless, any provision made by the ward in favor of the guardian when the guardian is his ascendant,
descendant, brother, sister, or spouse, shall be valid; CAPACITATED
(4) Any attesting witness to the execution of a will,
the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last
illness
ABSOLUTE INCAPACITY
(6) Individuals, associations and corporations not permitted by law to inherit.

INCAPACITY BY REASON OF UNWORTHINESS

Article 1032. The following are incapable of succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or
attempted against their virtue;
(2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(3) Any person who 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;
(4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to
an officer of the law within a month, unless the authorities have already taken action;
this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an
accusation;
(5) Any person convicted of adultery or concubinage with the spouse of the testator;
(6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a
will or to change one already made;
(7) Any person who by the same means prevents another from making a will, or from revoking one already
made, or who supplants, conceals, or alters the latter's will;
(8) Any person who falsifies or forges a supposed will of the decedent. (756, 673, 674a)

Article 1062. Collation shall not take place among compulsory heirs

 if the donor should have so expressly provided, or
 if the donee should repudiate the inheritance,
unless the donation should be reduced as inofficious. (1036)

Article 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them,
taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children.

If there are legitimate children, legitimate ascendants are excluded

If there are illegitimate children, legitimate ascendants get ½ of the estate

Common law spouse cannot inherit; “spouse” must be legally married

Article 950. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be
made in the following order: Rem-Pref-Support-Edu-Det-Pro
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the testator to be preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a part of the estate;
(6) All others pro rata. (887a)

Article 1083. Every co-heir has a right to demand the division of the estate
unless the testator should have expressly forbidden its partition,
 in which case the period of indivision shall not exceed twenty years as provided in article 494.
 This power of the testator to prohibit division applies to the legitime.

IRON BAR RULE

Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of
his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.

Article 972. The right of representation takes place in the direct descending line, but never in the ascending.

RIGHT OF REPRESENTATION IN THE COLLATERAL LINE  UP TO NEPHEWS & NIECES ONLY

In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full
or half blood.

RULE ON PROXIMITY
Article 962. In every inheritance, the relative nearest in degree excludes the more distant ones,
saving the right of representation when it properly takes place.

Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to
relatives of the full and half blood, and of article 987, paragraph 2, concerning division between the paternal and
maternal lines.

KINDS OF COMPULSORY HEIRS

primary compulsory heirs - those who have precedence over and exclude other compulsory heirs;
 legitimate children
 legitimate descendants

secondary compulsory heirs - those who succeed only in the absence of the primary heirs;
 legitimate parents
 legitimate ascendants

concurring compulsory heirs - those who succeed together with the primary or the secondary compulsory heirs
 illegitimate children
 surviving spouse

COLLATION
Article 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the
estate any property or right which he may have received from the decedent, during the lifetime of the decedent,
 by way of donation,
 or any other gratuitous title,
in order that it may be computed in the determination of the legitime of each heir, and in the account of the
partition.

DONATION TO SPOUSE OF CHILD  NOT SUBJ TO COLLATION

Article 1066. Neither shall donations to the spouse of the child be brought to collation;
DONATION TO SPOUSE OF CHILD & CHILD  ½ is SUBJ TO COLLATION
but if they have been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-
half of the thing donated.

PARTIAL INTESTACY  ½ bro/sis or nephew/niece : ½ surviving spouse

Article 1001. Should brothers and sisters or their children survive with the widow or widower, the surviving spouse
shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.
Article 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the
descendant's brothers and sisters of the full blood,
 the brothers and sisters shall inherit per capita,
 and the nephews and nieces per stirpes.

FULL BLOOD 2X : HALF BLOOD 1X

Article 1006. Should brother and sisters of the full blood survive together with brothers and sisters of the half
blood,
 the full bro/sis shall be entitled to a share double
 that of the half bro/sis.

!!! LEGITIMATE ASCENDANT | SS & ILLEGIT CHILD/REN

Article 1000. 
If legitimate ascendants,
the surviving spouse, and
illegitimate children are left,

the ascendants shall be entitled to one-half of the inheritance,

and the other half shall be divided between the surviving spouse and the illegitimate children
 so that such widow or widower shall have one-fourth of the estate,
 and the illegitimate children the other fourth.

!!! The relationship created by the adoption is between only the adopting parents and the adopted child
and does not extend to the blood relatives of either party. 

Q: WHAT IF AN ILLEGITIMATE CHILD IS ADOPTED?

Q: CAN AN ADOPTED CHILD REPRESENT AND BE REPRESENTED?

A PERSON WHO REPUDIATES CANNOT BE REPRESENTED

Article 977. Heirs who repudiate their share may not be represented. (929a)

CHILD – PER CAPITA; GRANDCHILD – PER STIRPES

Article 981. Should children of the deceased and descendants of other children who are dead, survive,
 the children shall inherit in their own right,
 and the grandchildren by right of representation. (934a)
 HEIRS OF THE LEGITIMATE CHILD:
1. Legitimate children and their legitimate
descendants (subject to the rule of proximity);
2. Legitimate parents and other legitimate
ascendants;
3. Illegitimate children;
4. Surviving spouse, without prejudice to the rights
of brothers and sisters, nephews and nieces
should there be any
5. Brothers and sisters subject to Article 992
(Illegitimate brothers and sisters cannot inherit
from him or the Iron Bar Rule);
6. Nephews and nieces subject to Article 992;
7. Collateral relatives up to the 5th degree subject
to Article 992 and
8. The State.
LEGAL HEIRS (ART 961)
Article 961. In default of testamentary heirs, the law
vests the inheritance, in accordance with the rules
hereinafter set forth, in the
 legitimate relatives
 illegitimate relatives - concurring
 surviving spouse - concurring
 State
 Brothers and sisters – excluded by primary &
secondary heirs
 Nephews and nieces - concurring
LEGAL SUCCESSION
LEGAL SUX
 Right of representation applies to the entire
estate
INSTANCES WHERE THERE IS RIGHT OF REPRESENTATION:
1. predeceased
2. incapacitated
3. disinherited
REPRESENTATIVE
- inherits from the one whom the person represented would have succeeded (ascendant of the person
represented)
- must be a relative by CONSANGUINITY (wife cannot represent the husband who predeceased his mother)
- adopted child can now represent his adopter parent in the estate of the adopter parent’s parent (grandparent)
[New Adoption Law, RA 11642]
Heirs of the ILLEGITIMATE CHILD:
1. Legitimate children and other legitimate
descendants
2. Illegitimate children and other descendants
3. Illegitimate parents; (NB: An illegitimate child
has no legitimate ascendants)
4. Surviving spouse
5. Illegitimate brothers and sisters subject to
article 992;
6. Nephews & nieces subject to rule in article
992 (because nephews & nieces who are legitimate
cannot inherit from the illegitimate child.)
7. Other collateral relatives up to the 5th civil
degree of consanguinity
8. The State
COMPULSORY HEIRS (Art 887)
PRIMARY
(1) Legitimate children and descendants, with
respect to their legitimate parents and ascendants;
SECONDARY
(2) In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children
and descendants;
CONCURRING
(3) The widow or widower;
(4) Acknowledged natural children, and natural
children by legal fiction;
(5) Other illegitimate children referred to in Article
287.
TESTAMENTARY SUCCESSION
 Disinheritance – occurs only when there is a will
 Exclusion – legal heirs who are not compulsory
heirs are not given anything in the will
TESTAMENTARY SUX
LEGITIME FREE PORTION
 Right of
representation
RIGHT OF REPRESENTATION
- never happens in the ascending line
- may happen in the collateral line BUT ONLY UP TO NEPHEWS AND NIECES (Art 972)

NEPHEWS AND NIECES (Art 975)

- if survive w/ brothers and sisters of the decedent – inherit by right of representation (per stirpes)
- if they alone survive – inherit in their own right (per capita)
o diff from grandchildren who always inherit by right of representation, regardless if they alone
survive