Succession

Succession
 is a mode of acquisition by virtue of which, the property, rights
and obligations to the extent of the value of the inheritance, of a
person are transmitted through his death to another or others
either by will or by operation of law (Article 774, Civil Code)

 The inheritance includes all the property, rights, and

obligations of a person which are not extinguished by his death
(Article 776, Civil Code)
 Modes of Acquiring Property
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual creation
6. Prescription
7. Succession
 Basis of Succession
First theory, succession is an extension of the right of
ownership.
Second theory, succession is based on family co-
ownership
Third theory, extension of right of ownership as well
as family co-ownership
 Kinds of Succession

1. Testamentary Succession
2. Intestate Succession
3. Mixed Succession
 Testamentary Succession

- A type of succession that results from the

designation of an heir, made in a will executed
in the form prescribed by law.
 Intestate or Legal Succession
- A type of succession which is effected by
operations of law (based on the provisions of
the Civil Code regarding the succession) since
the decedent did not execute a will or if the last
will and testament executed by him is void.
Elements of Succession

1. Decedent
2. Estate
3. Heirs
 Example

  Died: September 4, 2020

 Estate
Legitime Free Portion

Compulsory Heirs Compulsory and/ or Voluntary

- Portion of the estate is reserved -As provided in the last will and
testament
by law specifically to
- In the absence of a will, this
compulsory heirs, regardless of
portion of the estate shall be
whether or not a last will and distributed to “intestate heirs”
testament was prepared based in the order of priority
 Compulsory Heirs

- Those who succeeded by force of law to some

portion of the inheritance, in an amount
predetermined by law, known as legitime. They
succeeded whether the testator like it or not. They
cannot be deprived by the testator of their legitime
except by disinheritance properly effected.
 Compulsory Heirs
Primary Compulsory Secondary Compulsory

A. Legitimate children and their legitimate D. Legitimate parents and legitimate ascendants
descendants (They inherit only in default of “A”)

B. Surviving Spouse E. Illegitimate parents (no other descendants).

They inherit only in defaults “A” & “C”.

C. Illegitimate children and their descendants,

legitimate an illegitimate

Note: Brothers and sisters are neither compulsory heirs nor strangers. However, they may be
voluntary heris.
 Voluntary Heirs

- Those instituted by the testator in his will to

succeed to their inheritance of the portion thereof of
which the testator can freely dispose.
 Order of Intestate Succession
1. Legitimate child, children, or descendants
2. Legitimate parents or ascendants
3. Illegitimate children or descendants
4. Surviving spouse
5. Brothers and sisters, nephews and nieces
6. Other collateral relatives within the fifth (5th) degree
7. The State
Insert pic
Assignment:

Answer: the Asynchronous activity in your moodle account

Study: Chapter 2: Gross Estate