INTRINSIC

VALIDITY OF WILLS
16 October 2023
 INSTITUTION OF HEIRS
CONCEPT OF INSTITUTION OF HEIRS
I. In its general sense, cf. Article 779, NCC
II. In its specific sense
TWO KINDS OF INSTITUTION
i. Institution Proper
ii. Legacy/Devise, cf. Article 782, NCC
 Article 841, NCC
1. A will is valid even if it does not designate an heir.
Example: A will which contains nothing but a provision disinheriting a compulsory
heir.
2. A will is valid even if it does not dispose the entire estate.
Example: A will which contains one provision: “½ of the estate goes to A.”
3. The validity of a will is not affected when the instituted heir is later
on disqualified to inherit or repudiates the inheritance.
 MANNER OF DESIGNATION/INSTITUTION

1. Given Name and Surname - Article 843, 1st par.

E.g. I give to Emman Domingo ½ of my estate.

2. If two people have the same name, the testator shall indicate some circumstances by which the instituted heir
may be known. - Article 843, 1st par.

E.g. I give to Emma, my favorite niece, ½ of my estate.

3. No name is indicated but the identity is ascertainable/identifiable - Article 843, 2nd par.
E.g. I give to my yaya ½ of my estate.

4. Designation of a definite class or group of persons – Article 845, cf. Article 786
 AMBIGUITIES IN THE DESIGNATION

1. If there is error in designation – Article 844, 1st par.

 ALL kinds of evidence may be used to prove the identity of the instituted heir
 “in any other manner”

2. If there is ambiguity in designation – Article 844, 2nd par., cf. Article 789
 ALL kinds of evidence may be presented to resolve the ambiguities
 “the use of other proof”
RULES or PRINCIPLES ON INSTITUTION OF HEIRS

1st Rule: Article 842 (Principle of Freedom of Disposition)

 Institution of heir can only affect the Free Portion (FP)
 If the decedent/testator is survived by a Compulsory Heir (CH): Only the FP can
be disposed of by will.
 If the decedent/testator has no CH: The entire estate becomes FP, hence, the
entire estate can be validly disposed of by will.
 ILLUSTRATION
 T is survived by his three sons A, B, and C. He left an estate of P1.2M. How much of his estate can he
dispose of in favor of voluntary heirs, if any?

ESTATE = LEGITIME (because there are compulsory heirs) + FREE PORTION

LEGITIME = ½ of the estate = ½ of 1.2M = 600K

FREE PORTION = ESTATE – LEGITIME = 1.2M – 600K = 600K

 Suppose T died without forced heirs. How much of his estate can he dispose of in favor of voluntary heirs, if
any?

ENTIRE ESTATE = FREE PORTION (Since there are no CH, then there is no Legitime)

Therefore, the entire Php1.2M can be validly disposed of by will.

RULES or PRINCIPLES ON INSTITUTION OF HEIRS

• 2nd RULE: Articles 846, 848 (Equality of Heirs)

• How will the instituted heirs share the inheritance?
• How much is the share of each heir?
 ILLUSTRATION
1. I designate A, B, and C as my heirs, such that A will get 1/2, B will get 1/4, and C
will get the remaining 1/4.
2. I designate A, B, C, and D as heirs, such that A will get 1/2, B will get 1/4, and C
will get 1/4.
3. I designate A, B, C, and D as sole heirs, such that A will get 1/2, B will get ¼, C will
get ¼, and D will get ¼.
4. I designate A, B, C, and D as sole heirs, such that A will get 1/5, B will get 1/5, C
will get 1/5, and D will get 1/5.
 ILLUSTRATION
1. I designate A, B, and C as my heirs.
2. Suppose A and B are full blood siblings of the testator, while C is
testator’s half-blood sibling.
RULES or PRINCIPLES ON INSTITUTION OF HEIRS

• 3rd RULE: Article 847 - Individuality of Institution

“I designate as my heirs A and B, and the children of C,” those collectively designated, i.e.,
the children of C, shall be considered as individually instituted, unless it clearly appears
that the intention of the testator was otherwise.
 ILLUSTRATION
“I designate A, B, and C’s children as my sole heirs.” If C has 4 children, and the value of the Estate
is12K:

1. Article 847 - Rule of Individuality (How many heirs were instituted?)

A total of 6 instituted heirs: A, B, C1, C2, C3, and C4

2. Article 846 - Rule of Equality of Heirs: (How much will each heir receive?)

The 6 instituted heirs shall share equally the inheritance, such that:

12K/6 = 2K

Therefore, each heir shall get 2K.

RULES or PRINCIPLES ON INSTITUTION OF HEIRS

4th RULE: Article 849 - Simultaneity of Institution (How are they instituted? How will they receive
their share?)

When the testator calls to the succession a person and his children they are all deemed to have been
instituted simultaneously and not successively.
 ILLUSTRATION
“I designate C and his children as my sole heirs.” If C has 4 children:
 HOW MANY ARE INSTITUTED HEIRS?
 HOW WILL THEY SHARE THE INHERITANCE?
 HOW WERE THEY INSTITUTED? HOW WILL THEY RECEIVE THEIR
SHARES?
 PROBLEM
• T institutes to the free portion of his estate M and the children of P. P
has three children, Q, R and S. T died without forced heirs and no
debts, leaving an estate worth 2M. Divide the estate.
 ANSWER
1. Article 842, Principle of Freedom of Institution. Since T has no forced
heirs, the entire estate becomes the free portion. Therefore, the entire
estate is disposable by will.
2. Article 847, Rule of Individuality. There are four instituted heirs (M,
Q, R, and S)
3. Article 846, Rule of Equality. The four heirs, namely M, Q, R, and S
will divide the estate equally. Hence, each heir will receive 500K
(2M/4).
 PROBLEM
• Testator instituted Lucio to 1⁄4 of his estate, and Lucia to 1⁄2 of the estate.
The testator died without compulsory heirs and debts, leaving an estate
worth 1M. Divide the estate.
 ANSWER
1. Article 842, Principle of Freedom of Institution. Since T has no CH, the entire
estate becomes the free portion. Therefore, the entire estate is disposable by will.
2. Follow the designated shares:
i. Lucio = ¼ of the Estate = 250K
ii. Lucia = ½ of the Estate = 500K
3. What will happen to the undisposed 250K?
 PROBLEM
• The testator designated A, B, and C as sole heirs to his estate, such that A
will get 1/2 (6K), B will get 1/8 (1500), and C will get 1/4 (3K) = 10.5K.
Suppose the value of the estate is 12K. Divide the estate.
 ANSWER
Formula: (Original share/Total of original shares)*Undisposed share
•A = (6000/10500)*1500
•B = (4000/10500)*1500
•C = (3000/10500)*1500
 PROBLEM
• The testator designated A, B, and C as sole heirs to his estate, such that A
will get 1/2 (6K), B will get 1/3 (4K), and C will get 1/4 (3K) = 13K.
Suppose the value of the estate is 12K. Divide the estate.
 ANSWER
Formula: (Original share/Total of original shares)*Excess
• A= (6000/13000)*1000
• B = (4000/13000)*1000
• C = (3000/13000)*1000
 TRANSMISSION OF RIGHTS TO INHERIT, cf.
Article 856, NCC
• T made a will, giving an inheritance of 1M to X. X predeceased the
testator, but was survived by her 2 children. The testator did not bother to
change the will even after knowledge of X’s death. The testator died and
the will was admitted probate. Who shall get the 1M given to X in the
will? Will the heirs of X get the 1M?
• Suppose X is a compulsory heir of T.
 NOTE
★ 1st par of Article 856 - ABSOLUTE RULE. There is no right of representation in testamentary
succession. A voluntary heir cannot be represented by his/her heirs.

★ When a CH is instituted in a will, the CH will be inheriting in two capacities: as a voluntary heir
and as a compulsory heir.
★ The CH cannot be represented with respect to his shares given to him in a will.
★ But with respect to the LEGITIME, the CH can be represented by his heirs.
★ Note however that when it comes to repudiation, there is no representation.
INSTITUTION BASED ON A FALSE CAUSE

General Rule: Institution based on a false cause is VALID. The

statement of false cause shall be deemed not written.
EXCEPTION: If it appears from the will that the testator would not
have made such institution if he had known the falsity of such cause.
Cf. Article 850, NCC
 ILLUSTRATION
The testator gave his nephew an inheritance of P5M as a reward
because he was informed that the nephew graduated summa cum laude
in UP. The testator died. The will was submitted for probate. It turned
out that the nephew did not graduate summa cum laude. In fact, the
nephew did not even graduate at all. [BBM yarn?]
 SCENARIO NO. 1
• “To my outstanding nephew, Jose, I give 5M.”
May the other heirs be allowed to prove that Jose’s institution to a 5M
inheritance was based on a false cause and that the uncle testator could
not have made the institution had he known the real facts?
 SCENARIO NO. 2
“For my nephew’s outstanding performance in his undergraduate course in
UP…”

1. Suppose the other heirs successfully proved the falsity of the cause, i.e.,
that Jose does not have outstanding performance in UP and that he did not
graduate summa cum laude, will that result to the invalidation of the
institution?
2. May the lawyer who drafted the will testify that the institution is only to
reward the nephew?
 SCENARIO NO. 3
• “And to my nephew, for his outstanding performance and for
graduating summa cum laude, AND ONLY FOR THAT REASON…”
Suppose the other heirs successfully proved the falsity of the cause, i.e.,
that Jose does not have outstanding performance in UP and that he did
not graduate summa cum laude, will that result to the invalidation of the
institution?
 PRETERITION
Who may be preterited (i.e. subject of preterition)? Only CH in the direct line, either ascending or descending.

Who are the compulsory heirs?

i. Legitimate ascendants
ii. Illegitimate parents
iii. Legitimate children and descendants
iv. Illegitimate children
v. Surviving spouse –
 PRETERITION
When can there be preterition?

a. When is a CH omitted from the inheritance? It should be total omission from the
inheritance for there to be preterition. Meaning, a CH will not receive from the
testator anything by will, by intestacy, or by advance from his inheritance.

b. What is advance from inheritance? Donation inter vivos given to CH during

testator’s lifetime is an advance on the inheritance of that CH-donee. If T had given
donation IV in favor of CH but totally omitted him from the will, nothing from the
will, the CH cannot cry/complain that he was totally omitted. Cf. Article 909, NCC
 PRETERITION
To determine if a CH has been preterited, three questions must be asked:

 FIRST QUESTION: Will the CH receive something from the will?

 SECOND QUESTION: Will CH receive anything through intestacy?
 THIRD QUESTION: Is there an advance through donation inter vivos?

If the answer to all three questions is in the NEGATIVE, then there is
preterition.
 EFFECT
• What is the effect if a CH has been the subject of a preterition?
(1) annulment of the institutions in the will
(2) legacies and devises shall be respected insofar as there are not inofficious
(if it exceeds the FP)
 PROBLEM
• Because her eldest son KongKong had been pestering her for capital to
start a business, Lablab gave him P100,000. Five years later, Lablab died,
leaving a last will and testament in which she instituted only her three
younger children, Lala, Lili, and Lulu, as her sole heirs. At the time of her
death, her only property left was P900,000.00 in a bank. KongKong
opposed the will on the ground of preterition. Is KongKong correct?
Explain.
 PROBLEM
A, an old maid, executed a last will and testament naming her only sister, B,
as her sole and universal heir. She only left a legacy of 100K to her Yaya.
When A died, she was survived by her parents, X and Y, and B. At the time
of her death, A’s estate is worth 20M.
 SUBSTITUTION OF HEIRS
• Article 857 defines substitution as the appointment of another heir so that
he may enter into inheritance in default of the heir originally instituted.
• Substitution may be viewed as a CONDITIONAL INSTITUTION OF
HEIR. The substitute’s right to inherit is subject to a condition.
E.g. “I institute Emman as my sole heir, if in case he cannot succeed, I
appoint Elle as my legal heir.”
 CLASSIFICATION
1. VULGAR or SIMPLE – Article 858
2. BRIEF or COMPENDIOUS – Article 860
3. RECIPROCAL - substitutes of each other. Articles 861 and 862
Example: Emman gets ½ of estate and Elle gets the other half and appoint
them substitutes of each other.
4. FIDEICOMMISSARY – Articles 863 to 869
 When does substitution take place?

GENERAL RULE: The happening of the any of the three events

mentioned in Article 859, NCC, i.e., if the instituted heir: (1)
predeceases the testator, (2) repudiates the inheritance, and (3) becomes
incapacitated.
EXCEPTION: If the testator specifically designates the event.
 ILLUSTRATION
• Suppose the testator made the following provision in his will: “I
institute X to ½ of my estate. However, if X dies within 5 years from
my death, Y is appointed his substitute.” X was alive when the testator
died. But for mysterious reasons, he died a day after the Testator’s
death. Will Y inherit as a substitute?
 ILLUSTRATION
• “I institute Emman as my sole heir, if in any case he repudiates the
inheritance, I appoint Elle as my legal heir.” Suppose Emman and Elle
died ahead of the testator. To whom shall the inheritance go?
 ILLUSTRATION
“I institute Emman as my sole heir, if in any case he cannot succeed, I
appoint Elle as my legal heir.” Suppose Emman predeceased the testator,
will Elle inherit?
 ILLUSTRATION
• “I institute X to my entire estate, in case he is not entitled to inherit, I
appoint Y as substitute. Z is appointed as Y’s substitute.” Is this
allowed?
 ILLUSTRATION
• “I institute Emman as my sole heir, if in any case he repudiates the
inheritance, I appoint Emma and Elle as my legal heirs, such that
Emma will get 1/4 and Elle will get 3/4.” Suppose Emman repudiates
the inheritance. How will the two substitutes share the inheritance?
 ILLUSTRATION
• “I institute Emman as my sole heir, if in any case he repudiates the
inheritance, I appoint Emma and Elle as my legal heirs.” Suppose
Emman repudiates the inheritance. How will the two substitutes share
the inheritance?
 ILLUSTRATION
• “I institute ½ to X, ¼ to Y, ¼ to Z. As substitute of the three, A is hereby
designated.” X predeceased the testator. Will A inherit the share of X?
• “I institute to my entire estate X, Y, and Z such that X shall get ½, Y ¼ and
Z ¼. As substitute of these three, I designate A.” X predeceased the
testator. Will A inherit the share of X?
 ILLUSTRATION
• “I institute X as the sole heir. Y and Z are hereby designated as
substitutes.” Y predeceased the testator. To whom shall Y’s share go?
• “I institute X as the sole heir. As substitute, I designate Y and Z, such that
Y will get ½ and Z will get ½.” Y predeceased the testator. To whom shall
Y’s share go?
 FIDEICOMMISSARY
• Testator institutes a first heir called the fiduciary, who will enter
inheritance BUT is obliged to preserve the inheritance and transmit it to a
second heir, who is called fideicommissary. Cf. Article 863, NCC
 How is FS designated?
1. By giving it that name; or
2. By expressly imposing upon the first heir the obligation to preserve and
transmit the property to the 2nd heir.
See Article 865, cf. Article 867
 FIDEICOMMISSARY HEIR (2nd HEIR)
• Who may be a fideicommissary heir?
• Under Article 863, anybody who is not beyond 1 degree from the
fiduciary, and who is living at the time of death of the testator.
• Cf Palacios vs. Ramirez
• What does the fideicommissary inherit?
• The inheritance
 FIDUCIARY HEIR (1st HEIR)
• Who may be a fiduciary heir?
• Anyone who has a relative within 1 degree
• What does the fiduciary inherit?
• He/she will inherit the USUFRUCT of the inheritance. In Property
Law, ownership of property, whether movable or immovable, has two
components: (1) Naked title and (2) Beneficial title – jus utendi of the
property, that is, usufruct.
 How is FS different from “legacy of
usufruct” in Article 869?
• One word: Substitution.
• In Article 869, the 2nd heir will never get legal title to the property. He
is limited to his usufruct, when the time comes for the 2 nd heir to give
up his usufruct, the 1st heir will have complete ownership.
• In a fideicommissary under Article 863, 1st heir is the substitute. There
is a possibility that he will get the legal title over the property. Cf.
Article 868.
 ILLUSTRATION
• When does the 1st heir acquire the naked title?
• In Article 863, the 1st heir and 2nd heir must be living at the time of
death of testator. Thus, if the 2nd heir predeceases the testator, the
property shall go to the first heir because the latter is the substitute.
 How do we know that a particular provision is a legacy of
usufruct OR fideicommissary substitution?

• “I give my property to A for him to enjoy but upon his death, he shall
transmit the property to B.” Suppose B predeceased the testator, who
shall inherit the property?
 When will the first heir transmit the
inheritance to the 2nd heir?
• GENERAL RULE: The property must be transmitted upon the death of
the 1st heir.
• EXCEPTION: When the testator provides for a period within which the
1st heir must transmit the property to the 2nd heir.
 ILLUSTRATION
(Who shall inherit the property)
★ 1st SCENARIO: Testator – Fiduciary (1st Heir) – Fideicommissary (Second Heir)
★ 2nd SCENARIO: Fideicommissary (Second Heir) – Testator – Fiduciary (1 st Heir)
★ 3rd SCENARIO: Fiduciary (1st Heir) – Testator – Fideicommissary (Second Heir)
★ 4th SCENARIO: Fiduciary (1st Heir) – Fideicommissary (Second Heir) – Testator
★ 5th SCENARIO: Testator– Fideicommissary (Second Heir) – Fiduciary (1 st Heir)
 KINDS OF TESTAMENTARY INSTITUTIONS

1. Simple or pure, Article 777

2. Conditional, Article 871
3. With a term or period
4. Modal institution
 CONDITIONAL INSTITUTION
FOUR (4) IMPROPER/INOPERATIVE CONDITIONS UNDER THE NEW CIVIL
CODE
1. Article 873: impossible, illegal or immoral
2. Article 872, cf. Article 904, Article 1080, Article 1083: Conditions imposed on the
legitime
3. Article 874: Absolute condition not to contract first or subsequent marriage
4. Article 875: Disposicion captatoria
Article 873: impossible, illegal or immoral

WHAT IS THE STATUS?

Obligation subject to an impossible, illegal, or immoral condition? Cf.
Article 1183, NCC
Donation subject to an impossible, illegal, or immoral condition? Cf.
Article 727, NCC
Testamentary institution subject to an impossible, illegal, or immoral
condition? Cf. Article 873, NCC
 Article 874: Absolute condition not to contract first
or subsequent marriage

Prohibition to contract first marriage

X provided in his will the following provision: “I leave my nephew ½ of
my estate provided he does not marry an Ilocana.” Suppose the nephew
married an Ilocana. Will the nephew inherit from the Testator?
 PROHIBITION TO CONTRACT SUBSEQUENT
MARRIAGE

• GENERAL RULE: The Prohibition to contract subsequent marriage is a

VOID condition, hence, it is deemed NOT IMPOSED.
• EXCEPTION: VALID condition IF IMPOSED BY THE FOLLOWING:
i. By the deceased spouse
ii. Ascendants of the deceased spouse (in laws)
iii. Descendants of the deceased spouse
Article 874: Absolute condition not to contract first or
subsequent marriage

Prohibition to contract subsequent marriage

X provided in his will the following provision: “To my daughter Z, who is
a widow, I leave ½ of my estate, provided she does not remarry at all.”
Suppose Z remarried. Will she receive the inheritance?
 Article 875: Disposicion captatoria

• Sharon executed a will instituting Kiko as her heir, provided Kiko will
institute KC as heir in his will. Suppose Kiko complied with the
condition, and instituted KC as his heir in his will, will Kiko inherit
from Sharon?
INSTITUTION SUBJECT TO A SUSPENSIVE CONDITION

1st SCENARIO: The heir predeceased the testator, regardless of whether the
condition has been fulfilled at the time of the heir’s death. To whom shall
the inheritance go?
INSTITUTION SUBJECT TO A SUSPENSIVE CONDITION

2nd SCENARIO: The heir survived the testator but before the fulfillment of
the condition, the heir died. To whom shall the inheritance go?

Testator died – Instituted Heir died – Condition fulfilled

INSTITUTION SUBJECT TO A SUSPENSIVE CONDITION

3rd SCENARIO: The heir survived the testator and was alive at the time the
condition was fulfilled.
 When must the condition be fulfilled?

Potestative, Article 876

 The condition must be fulfilled upon testator’s death
 What will happen if the condition has been fulfilled prior to the testator’s
death?
GR: Fulfill it again
ER: if it can no longer be fulfilled again.
NOTE: If what has been imposed is a negative potestative condition – must give a
bond (Article 879)
 When must the condition be fulfilled?

Casual or mixed, Article 877, NCC

 The condition can be fulfilled before or after testator’s death
 What will happen if the condition has been fulfilled prior to the
testator’s death? It depends whether the Testator was aware or not
 If aware - GR: Fulfill again; ER: Cannot be fulfilled again
 If not aware – The condition is deemed fulfilled.
 Pending Fulfillment of the Suspensive Condition

 To whom shall the property go? Under Article 880, it will go to an administrator,
pending the fulfillment of the condition.

 Reason: Prior to the fulfilment of the condition, the instituted heir has not acquired
rights over the inheritance. Therefore, the property must be placed under
administration.

 When it becomes a certainty that the condition will no longer happen, what will the
administrator do? Turn over the property back to the estate. The suspensive heir will
no longer inherit. It will go to the legal heirs of the testator.
INSTITUTION SUBJECT TO A RESOLUTORY CONDITION

• “I institute X to ½ of my estate but if X will not have a son within five

years from my death, his right to the inheritance shall terminate.”
INSTITUTION SUBJECT TO A RESOLUTORY CONDITION

• What if the heir predeceased the testator, will the heirs of the
instituted heir inherit his share?
• Pending the fulfilment of the resolutory condition, to whom shall the
inheritance go?
INSTITUTION SUBJECT TO A RESOLUTORY CONDITION

• Upon the happening of the resolutely condition, the heir loses his/her
right to inheritance. To whom does it go once the resolutory condition
is fulfilled?
• Suppose the resolutory heir survived the testator but died before the
happening of the resolutory condition. Who gets the inheritance?
Testator died – RH died – RC is waiting to be fulfilled
 INSTITUTION WITH A TERM
• CONDITION vs TERM?
• Kinds of Term:
• Suspensive
• Resolutory
 SUSPENSIVE TERM
• 1ST SCENARIO: The testator instituted an heir subject to a suspensive
term. The heir died ahead of the testator but survived by his own heirs.
When the testator died and the will was admitted to probate, who will
inherit?
 SUSPENSIVE TERM
• 2nd SCENARIO: The testator was survived by the instituted heir subject
to a suspensive term, but before the arrival of the term, the heir died. The
heir was survived by his own heirs. Will heirs of the instituted heir
subject to a term inherit?
Testator Died – Instituted Heir Died (before arrival of the ST)
 SUSPENSIVE TERM
• Before the arrival of the term, who will get (have possession of) the
inheritance?
• See Articled 885, cf. Article 880
 RESOLUTORY TERM
• Pending the arrival of the term, must the resolutory heir post a bond
before he/she can take possession of the inheritance?
 MODAL INSTITUTION
• “I institute Emman to ½ of my estate however, Emman should pay Elle
a monthly allowance of P100,000 for as long as he lives.” Suppose
Emman fails or refuses to pay the P100,000 monthly allowance, what
will happen?
 CAUCION MUCIANA
★ WHAT ARE THE 3 INSTANCES WHERE CAUCION MUCIANA IS REQUIRED
1. Art 885, with suspensive term
2. Art 882, modal institution
3. Art 879, with negative potestative condition
 LEGITIME
• DEFINITION: Legitime is that part of the testator’s property which he cannot dispose of
because the law has reserved it for certain heirs who are, therefore, called compulsory
heirs (“CH”). (Article 886, NCC)
• WHO ARE THE CH? Cf. Articles 887 and 903, NCC
i. Legitimate parents and ascendants
ii. Illegitimate parents
iii. Legitimate children and descendants
iv. Illegitimate children
v. Surviving spouse
 CLASSIFICATION OF CH
1. PRIMARY – They can exclude the secondary CH
2. SECONDARY - They can only succeed in the absence of the primary
CH.
3. CONCURRING – Those who can inherit together with the primary or
secondary compulsory heirs
 COMPULSORY HEIRS
A-B D-E H-I K-L
| | | |
C - F J - M
| |
G - N
|
O+
Suppose everyone is alive. Who will inherit from O?
 COMPULSORY HEIRS
A-B D-E H-I K-L
| | | |
C - F J - M
| |
G+ - N
|
O+
What if G predeceased O, who will inherit from O? Can CF take G’s share?
 COMPULSORY HEIRS
A-B D-E H-I K-L
| | | |
C - F J - M
| |
G + - N+
|
O+
What if G and N predeceased O, who will inherit from O?
 COMPULSORY HEIRS
C - F J - M
| |
G - N P - Q
| |
O+ - R
| |
Q S T – U
|
V
• Who will inherit from O?
 COMPULSORY HEIRS
C - F J - M
| |
G - N P - Q
| |
O+ - R
| |
Q S T+ – U
|
V
• Who will inherit from T?
 RULES ON LEGITIME
1. The legitime of the primary or secondary CH is fixed at 1/2 of the estate.
2. The legitime of the concurring CH, if they concur with the primary or
secondary CH is sourced from the free portion (“FP”).
 LEGITIME
1. Legitimate Children (LC) = ½ of the estate (Article 888, NCC)
2. LC + Legitimate Ascendants (LA) = ½ of the estate (Article 888, NCC); LA is excluded by LC
3. 1LC + Surviving Spouse (SS) = 1LC - 1/2; SS - 1/4; 1/4 - FP (Art. 892, 1 st par)
4. LC + SS = LC - 1/2; SS - share of 1LC (Art. 892, 2nd par)
5. LC + Illegitimate Child (IC) = LC - 1/2; IC - 1/2 of the share of 1LC (Art. 888, cf. Art. 176,
FC)
6. 1LC + SS + IC = LC - 1/2; SS - 1/4; IC - 1/2 of the share of the LC (Art. 892, 1st par, cf. Art.
176, FC)
7. LC + SS + IC = LC - 1/2; SS - share of 1LC; IC - 1/2 of the share of the LC (Art. 897)
 LEGITIME
1. Legitimate Ascendants (LA) = 1/2 of the estate (Art. 889, 890)
2. LA + IC = LA - 1/2 (Art. 889); IC - 1/4 (Art. 896)
3. LA + SS = LA - 1/2 (Art. 889); SS - 1/4 (Art. 893)
4. LA + SS + IC = LA - 1/2 (Art. 889); SS - 1/8 (Art. 899); IC - 1/4 (Art.
896)
 Compare Nos. 3 and 4: The presence of IC results to a reduction of SS’s share.
Why?
 LEGITIME
1. IC = 1/2 of the estate (Art. 901)
2. IC + SS = IC - 1/3; SS - 1/3 (Art. 894)
3. SS = GR: 1/2 (Art. 900); ER: 1/3 - articulo mortis, died within 3 months
from date of marriage, ER to E: if cohabited for more than 5 years
 LEGITIME
1. Illegitimate Parents (IP) = 1/2 of the estate (Art. 903)
2. IP + LC/IC = IP will get nothing (Art. 903)
3. IP + SS = IP - 1/4; SS - 1/4 (Art. 903)
 LEGITIME
A-B D-E H-I K-L
| | | |
C+ - F J - M
| |
G+ - N+
|
O+
What if C, G, and N predeceased O, who will inherit from O? How much is their legitime?
 LEGITIME
C - F J - M
| |
G - N P - Q
| |
O+ - R
| |
Q S T – U
|
V
• Who will inherit from O? How much is their legitime?
 LEGITIME
C - F J - M
| |
G - N P - Q
| |
O+ - R
|
Q
Who will inherit from O? How much is their legitime?
 LEGITIME
C - F J - M
| |
G - N P - Q
| |
O+ - R
| |
Q S T+ – U
|
V
• Who will inherit from T? How much is their legitime?
 COMPUTATION OF LEGITIME
• T died leaving an estate of P600,000.00. He made a donation inter vivos
to his cousin A in the amount of P200,000.00. In his will, he gave a legacy
of P200,000.00 to B and another legacy to C in the amount of
P100,000.00. T has two legitimate children, R and S.
i. Compute the legitime.
ii. Is the net hereditary estate sufficient to satisfy the two legacies?
 SOLUTION
1st STEP. Compute the net hereditary estate.
Formula:
Gross Estate (Summation of all properties left by the decedent)
LESS Liabilities of the decedent
PLUS All Donations inter vivos (DIVs)
-------------------------------------------------------
NET HEREDITARY ESTATE
 SOLUTION
• NET HEREDITARY ESTATE: 800,000

Gross Estate 600,000

LESS Liabilities 0

ADD Donation Inter Vivos to A (cousin) 200,000

NET HEREDITARY ESTATE 800,000

 SOLUTION
2nd STEP: COMPUTE THE LEGITIME
Who are the CH? Two (2) Legitimate children
Legitime of LC = ½ of the estate
Legitime of LC = ½ (800,000)
Legitime of LC = 400,000
 Legitime of 1LC = 400,000/2
 Legitime of 1LC = 200,000
 SOLUTION
2nd problem: Is the net hereditary estate sufficient to satisfy the two legacies?
• Under Article 842, only the FP can be validly disposed of by will.
• How much is the FP? FP = Estate – Legitime
• FP = 800K – 400K
• FP = 400K
• How much is the total of the two legacies? 200K (Legacy to B) + 100K
(Legacy to C) = 300K
 SOLUTION
• What are chargeable against the FP?
• 1st – DIVs in favor of strangers (meaning not CH), Article 909, 2 nd par.
• From the remaining FP after charging the DIVs, you charge the
legacies/devises.
If the remaining FP is enough to cover the legacies/devises, then you give
the full value.
But if the remaining FP is insufficient to cover the legacies/devises, then we
follow Article 950, NCC
• 2nd – Legacies/Devises
 SOLUTION
From the FP, we charge the DIV first.
• FP – DIV
• 400K – 200K = 200K

ANSWER: After we charge the DIV in favor of A, the remaining FP is only 200K,
less than the total of the two legacies. Hence, the net hereditary estate is not
enough to cover the 2 legacies amounting to 300K.
 COMPUTATION OF LEGITIME
• T donated a parcel of land to his son X valued at P200,000.00; to his other son, Y, a house
and lot worth P500,000.00; and a car to his daughter, Z, worth P300,000.00. T died in 2015
and left properties amounting P2M and obligations amounting P600,000.00. He was
survived by his three children.
i. Compute the net hereditary estate.
ii. Compute the legitime.
iii. Compute the free portion.
iv. How much of the estate is available for disposition in the last will, if any?
 SOLUTION
1st. Compute the net hereditary estate.
NET ESTATE = GROSS ESTATE – LIABILITIES + DIV (cf. Article 908)
NET ESTATE = 2M – 600K + 200K + 500K + 300K
NET ESTATE = 2.4M
 SOLUTION
2nd. Give the amount of the legitime.
LEGITIME = ½ of the NET ESTATE (cf. Article 888)
LEGITIME = ½ of 2.4M
LEGITIME = 1.2M
LEGITIME OF EACH CH = 1.2M/3 = 400K
 SOLUTION
3rd. How much is the free portion?
NET ESTATE = LEGITIME + FREE PORTION
FREE PORTION = NET ESTATE – LEGITIME
FREE PORTION = 2.4M – 1.2M
FREE PORTION = 1.2M
 SOLUTION
4th. How much of the estate is available for disposition in the last will, if
any?
 SOLUTION
• 2 Kinds of DIV:
1. DIV in favor of CH –
 GR: Chargeable against the legitime
 ER:
i. If specifically provided otherwise
ii. If the DIV exceeds the legitime
2. DIV in favor of Strangers – chargeable against the FP
 SOLUTION
• Y’s legitime is 400K
• DIV in favor of Y is 500K

The excess shall be chargeable against FP.

FP – 100K = Total Disposable
1.2M -100K = 1.1M
 TESTAMENTARY SUCCESSION
PROBLEM NO. 1
• The testator has 2 legitimate children, A and B. Before T died, he executed
a will giving A = ¼ of the estate and B = ¾ of the estate. If the value of
the estate at the time of T’s death is 240M, how will you distribute the
estate?
 SOLUTION NO. 1
1st STEP: Determine the Net Hereditary Estate.

2nd STEP: Give the CH their legitime first. What is the legitime of CH? It’s ½ of the estate, or ½ of
240M.

3rd STEP: Determine the value of the FP since the provisions in the will apply only to the FP. FP is ½
of 240M.
 Determine the legitime.
What is the legitime of CH? It’s ½ of the estate.

Legitime = ½ of 240 = 120M

Legitime of each CH = 120M/2 = 60M.

Heirs Legitime
A 60
B 60
TOTAL 120
 Determine the testamentary share.
The will provides:

A = ¼ of the estate
B = ¾ of the estate

Since the testator can only dispose of the Free Portion (FP),
we must first determine the value of the FP to get
Heirs Will
the testamentary shares of the heirs. A 30
FP = Net Hereditary Estate – Legitime B 90
FP = 240 – 120 = 120
FP = 120 TOTAL 120
 FINAL ANSWER
ADD the LEGITIME and the TESTAMENTARY SHARE to get the FINAL SHARE of each CH.

Heirs Legitime Will Total

A 60 30 (1/4) 90
B 60 90 (3/4) 150
TOTAL 120 120 240
 SOLUTION NO. 2
• 1st STEP: Compute the share based on the testamentary dispositions:
A - ¼ of 240M = 60

B - ¾ of 240M = 180M

• 2nd: Check whether the testamentary dispositions impair the legitime of the CH. So you
need to determine the legitime of each CH to be able to do this.

Leg = ½ E or ½ (240M) or 120 M

LC = 120M/2 or 60M each CH

 FINAL ANSWER
Heirs Will Legitimes Total
A 60 60 60
(not impaired)
B 180 60 180
(not impaired)
TOTAL 240 120 240
 COMPARISON
Heirs Solution No. 1 Solution No. 2
A 90 60
B 150 180
TOTAL 240 240
 TESTAMENTARY SUCCESSION
• Testator left a will with the following dispositions: A – ½ of the
estate, B and C will get ¼ of the estate, and W will have the remaining ¼.
The testator was survived by his three legitimate children, A, B, and C,
and his surviving spouse, W. Suppose the value of the estate at the time of
death is 240M. Distribute the estate.
 SOLUTION
• 1st STEP: Compute the share based on the testamentary dispositions:
A – ½ of 240M = 120M
B & C- ¼ of 240M = 60M, or 30M each
W = ¼ of 240M = 60M
 SOLUTION
• 2nd: Check whether the testamentary dispositions impair the legitime of the CH. So
you need to determine the legitime of each CH to be able to do this.
Leg of LC = ½ E or ½ (240M) or 120 M
LC = 120M/3 or 40M each
Leg of SS = share of 1LC
Leg of SS = 40M
 SOLUTION
CHECK IS THE LEGITIME OF THE CHs HAS BEEN IMPAIRED.

Heirs Will Legitime

A 120M 40M Not

B 30M 40M Impaired

C 30M 40M Impaired

W 60M 40M Not

TOTAL 240M 160
 FINAL ANSWER
Heirs Will Legitime Total
A 120M 40M
B 30M 40M
C 30M 40M
W 60M 40M
TOTAL 240M 160
 SOLUTION
• Legitime of B and C has been impaired. We need 20M to complete their respective legitime.
Where will we get the 20M?
• A’s testamentary share is 120M which consists of his Legitime (40M) and share in the FP (80M)
• W’s testamentary share is 60M which consists of her Legitime (40M) and share in the FP (20M).
• Since both A and W got from something from the FP, both of them will have to share the burden
to complete B and C’s legitime pro rata.
• How much?
A = 80/100 (20) = 16M
W = 20/100 (20) = 4M
 SOLUTION
Legitime of B and C has been impaired. We need 20M to complete their respective
legitime. Where will be get the 20M? From the share of A and W. Their shares will be
proportionately reduced.

Heirs Will Legitime TOTAL

A 120M 40M -16M 114M

B 30M 40M +10M 40M

C 30M 40M +10M 40M

W 60M 40M -4M 56M

 PROBLEM
T+ – W
|Illegit |
C A B
Will:
Legacy of 10M to D (favorite nephew)
E = 240M
How will you distribute the estate?
 SOLUTION
Heirs Legitime DETERMINE THE FREE PORTION
FP = ESTATE – LEGITIME
A 60 FP = 240M – 210M
FP = 30M
B 60
DETERMINE IF THE LEGACY IS INOFFICIOUS.
C 30 FP = 30M > LEGACY = 10M
W 60
IF THE LEGACY IS NOT INOFFICIOUS, GIVE THE
D 0 LEGACY AS IS.
FP = 30M – LEGACY
TOTAL 210M FP = 30M – 10M
FP = 20M
 DISINHERITANCE
• GENERAL RULE Testator cannot deprive a CH of his/her legitime
• EXCEPTION: Valid disinheritance (cf. Article 915, NCC)
 REQUISITES
1. Can be effected only in a valid will (cf. Article 916, NCC)
2. Must be made expressly, stating the cause in the will (cf. Article 916, NCC)
3. The disinheritance must be for a cause designated by the law (cf. Article 915, NCC)
4. The heir being disinherited must be designated by name or in such a manner as to
leave no room for doubt as to who is intended
5. The cause must be certain and true
6. The disinheritance must be total (All or nothing)
7. The disinheritance must be unconditional (cannot be subject to a condition)
 DISINHERITANCE
GROUNDS - Under Article 915, a CH may be deprived of his
legitime for causes expressly stated by law.
1. Grounds for disinheriting a descendant - Art. 919
2. Grounds for disinheriting an ascendant - Art. 920
3. Grounds for disinheriting a spouse - Art. 921
 DISINHERITANCE
• Pedro’s will reads: “I disinherit my son Anton if he makes an attempt
against my life.” Is the disinheritance valid?
• Manny disinherited his child Carlo in his will, providing that Carlo would
only get 1/2 of his rightful share in Manny's estate. Is the disinheritance
valid?
 EFFECT OF DISINHERITANCE, Article 915

Suppose the testator executed a will containing only one provision, a

provision depriving his CH of his inheritance:
i. Will the CH get his legitime?
ii. Will the CH receive something from the Free Portion?
iii. If the descendant was validly disinherited, can he be represented by his children to the
legitime from the estate of the grandparent?
 PROBLEM
• Tonyo had 5 children. He made a will with only one provision,
disinheriting one of his children, Gina, for living a disgraceful life. If
the value of the estate is P1,000,000 at the time of Tonyo’s death, how
would his estate be divided?
 ANSWER
A. Legitime is 500K - The disinherited heir will not get her legitime
B. FP is 500K - Will the disinherited heir get something from the FP?
 SOLUTION
Heirs Intestacy TOTAL

C1 250K 250K Each of the children, except the disinherited

heir, shall get 250K. Here, all the requisites
C2 250K 250K of effective disinheritance are present. As a
result, the disinherited heir, gets nothing.
C3 250K 250K She is deprived of, not only her legitime, but
also such part of the free portion that would
C4 250K 250K
have passed to her by intestacy.
GINA 0 0
 INEFFECTIVE DISINHERITANCE
• When is disinheritance considered invalid or ineffective?
1. No cause is stated in the will (cf. Article 918, NCC)
2. The cause stated in the will is not true (cf. Article 918, NCC)
3. The cause stated in the will is not among those provided by law (cf. Article
918, NCC)
4. There is subsequent reconciliation (cf. Article 922, NCC)
 EFFECT OF INEFFECTIVE DISINHERITANCE

1. Annul the institution of heirs insofar as it may prejudice the person

disinherited;
2. The devises and legacies and other testamentary dispositions shall be
valid to such extent as will not impair the legitime.
 Preterition vs Ineffective Disinheritance

PRETERITION INEFFECTIVE DISINHERITANCE

INSTITUTION OF HEIRS IT IS ANNULLED IT IS ANNULLED ONLY INSOFAR AS

COMPLETELY IT MAY PREJUDICE THE
DISINHERITED HEIR

LEGACIES AND DEVISES VALID INSOFAR AS THEY ARE NOT INOFFICIOUS

 PROBLEM
• Tonyo has 5 children. He made a will with only one provision,
disinheriting one of his children, Gina, for being ugly. If T dies with
an estate of P1,000,000, how would his estate be divided?
 PROBLEM
• Tonyo disinherited Gina because she is ugly and he also instituted his
4 other children as heirs in his will. Divide the P1,000,000 estate.
 ANSWER
• Note that the disinheritance of Gina was ineffective because the reason
cited by Tonyo is not one of the valid causes for disinheritance.
• An ineffective disinheritance shall result in the annulment of the
institution of heirs insofar as the legitime of the disinherited heir is
prejudiced. SEE ARTICLE 918
 ANSWER
Deductions to complete the
Will Legitime TOTAL
100K legitime of Gina
C1 250K 100K (25K) 225K
C2 250K 100k (25K) 225K
C3 250K 100k (25K) 225K
C4 250k 100k (25K) 225K
C5 (DH) - 100k 100K
1M
 Effect of Reconciliation, Article 922, NCC

EFFECT OF RECONCILIATION
NO DISINHERITANCE HAS BEEN The ground is considered waived. The testator can no longer
MADE YET disinherit the heir; disinheritance can no longer be made.

IF DISINHERITANE HAS ALREADY The disinheritance is considered ineffectual.

BEEN MADE
 Revocation of Disinheritance
• How is disinheritance revoked?
1. There is subsequent reconciliation
2. Execution of a new will, making the disinherited heir an instituted heir.
 PROBLEM
• Yuan executed a will with the following provisions: (1) Giving his sons
Albert and Ben properties equivalent to their legitime; (2) Instituting his
daughter Yen as devisee to a parcel of land worth P1.5M; and (3)
disinheriting his son Celso for not getting the highest number of votes in
the elections. The estate of Yuan at the time of death is P3M. Divide the
estate.
 ANSWER
• LEGITIME OF THE THREE CHILDREN:
= ½ of 3M
= 1.5M/4
= 375K
 SOLUTION

Heirs Will Legitime FINAL SHARE

A 375K 375K 375K

B 375K 375K 375K

Y 1.5M 375K 1.875M

C - 375K 375K
TOTAL 2.250M 1.5M 3M
 LEGACIES AND DEVISES
• LEGACY – gift of personal property given by will
• DEVISE – gift of real property given by will
 RULES ON LEGACIES AND DEVISES

• If the thing bequeathed is co-owned by the testator and others: cf. Article 929, NCC
GR: The legacy or devise is limited to the interest of the testator over the thing
ER: The testator expressly declares that the thing is bequeathed in its entirety
• If the testator does not own the thing bequeathed: cf. Article 930, NCC
• If the testator is NOT aware:
GR: The legacy or devise is VOID.
ER: If the testator later on acquired the thing, the legacy becomes VALID. WHY?
• If the testator is aware: The legacy is VALID
• Cf. Article 931 - The testator orders the acquisition of the thing bequeathed. Note that Article 931
presupposes that the testator is aware that the thing bequeathed is not owned by him/her
 RULES ON LEGACIES AND DEVISES

• If the thing bequeathed is owned by the legatee or devisee at the time of execution of
the will: The legacy or devise is INEFFECTIVE. (Articles 932 and 933 par 1, NCC )
• If the thing bequeathed was later on acquired by the legatee or devisee AFTER the
execution of the will:
• Gratuitously: The legatee or devisee can claim NOTHING.
• Acquired by onerous title: The legatee or devisee can demand REIMBURSEMENT. (Article 933
par 2, NCC)

• NOTE: Whether the legacy or devise is effective or valid depends on the OWNERSHIP
OF THE THING BEQUEATHED AT THE TIME OF EXECUTION OF THE WILL.
 PROBLEM
• Testator has a house and lot which he later on donated to A. Forgetting
that he has already donated the said house and lot to A, the testator
devised the property to the latter. After the execution of the will, A sold
the house and lot to B. Upon testator’s death, A no longer owns the lot. Is
the devise effective?
• Testator
• A as devisee
• B as the buyer of the thing bequeathed
 PROBLEM
• Testator devised a house and lot to A. Before the testator died, he sold the
very same house and lot to A. Upon testator’s death, A already owns the
house and lot. Is the devise effective?
• Testator
• A as the devisee
 PAYMENT OF CREDIT, Article 934, NCC

• When the thing bequeathed has been given as a security for a recoverable
debt:
• GR: The legatee or devisee should receive it free from encumbrance,
hence, estate must pay the debt
• ER: Unless the contrary intention appears
 LEGACY OF CREDIT or DEBT
• Article 935, NCC speaks of two kinds of legacies:
1. Legacy of Credit
2. Legacy of Debt
 LEGACY OF CREDIT
NATURE: When the testator bequeaths to another a credit against a third person. There is subrogation
of the legatee in the place of the original creditor (testator).

EXTENT OF LEGACY: Shall be effective as regards that part of the credit existing at the time of
the death of the testator. Cf Article 933, NCC

ENFORCEMENT: The executor either (1) collects the credit from the debtor and turns over the
proceed to the legatee; or (2) assigns to the legatee all the actions he/she may have in connection with
such credit so that the legatee may himself/herself do the collecting. Cf Article 935, NCC

EFFECT OF JUDICIAL ACTION: If after the execution of the will, the testator brings an action for
recovery of credit, the legacy is REVOKED. Cf Article 936, NCC
 PROBLEM
• Daniel owes Tom P300,000. Tom executed a will giving a legacy of his
credit against Daniel in favor of Lorna. Prior to Tom’s death, Daniel paid
P100,000. How much legacy is Lorna entitled to, if any? Explain.
LEGACY OF DEBT/LEGACY OF WAIVER OF CREDIT

• NATURE: When the testator (creditor) releases the debt owed by the legatee (debtor). There is remission of
debt.
• WAIVER Cf Article 937, NCC
• SPECIFIC: Only the debt mentioned in the will is remitted.
• GENERIC: Only those debts existing at the time of the execution of the will are remitted. Debts
subsequent to the execution of the will are not deemed remitted.
• EXTENT OF LEGACY: Shall be effective as regards that part of the debt existing at the time of the death of
the testator. Cf Article 933, NCC
• ENFORCEMENT: By giving the legatee an acquittance, should he/she request one. Cf Article 935, NCC
• EFFECT OF JUDICIAL ACTION: If after the execution of the will, the testator brings an action for recovery
of credit, the legacy is REVOKED. Cf Article 936, NCC
 PROBLEM
• Daniel owes Tom P300,000. Tom executed a will condoning the loan
obligation of Daniel. Prior to Tom’s death, Daniel paid P100,000. How
much legacy is Daniel entitled to, if any? Explain.
 LEGACY IN FAVOR OF A CREDITOR OF THE TESTATOR

• Legacy made in favor of a creditor of the testator (cf. Article 938, NCC)
• GR: The legacy shall not be applied to the debt
• The obligation (debt) is not extinguished; the debt subsists.
• ER: Unless the testator expressly so declares
 ALTERNATIVE LEGACIES or DEVISES, Article 940, NCC

• In alternative legacies, who has the right of choice?

• GR:
• 1st: The heir upon whom the obligation to give is imposed upon.
• 2nd: The executor or administrator if no heir is so obliged
• ER: If the testator names who has the right of choice
• If the person who has the right of choice dies before making the choice, the
right shall pass on to his/her heirs.
• Once the choice has been made, it is irrevocable. Cf. Alternative obligation
 PROBLEM
• Efren executed a will, which states “I hereby give to Olive my only car, or
my horse named Silverado”. Upon Efren’s death, who should decide
which of the alternative legacies will be delivered to Olive? Explain.
 Generic Legacy or Devise, Article 941

• A legacy of generic personal property

• VALID even if there be no things of the same kind in the estate.
• A devise of indeterminate real property
• VALID only if there be immovable property of its kind in the estate.
 Generic Legacy or Devise
• WHO HAS THE RIGHT OF CHOICE?
• GR: The right of choice shall belong to the executor or administrator who shall comply with the legacy by the delivery
of a thing which is neither of inferior nor of superior quality. Article 941, 3rd par.
• Limitation: Must deliver a thing which is neither of inferior nor of superior quality
• ER: The testator expressly leaves the right of choice to the heir, or to the legatee or devisee. Article 942
• Limitation:
• Generic devise: Those that are in the hereditary estate
• Generic legacy:
• If there are none of the kind in the estate, the selection may be among those outside of the estate
• If there are any of the kind in the estate, the selection is limited to them.
• Once the choice has been made, it is irrevocable. Article 943
 PROBLEM
• Frank gave a legacy of “gold bracelet” to his sister, Tanya, and a devise of
“farmland in Batangas” to his brother, Leo. When Frank died, there were
no “gold bracelet” and “farmland in Batangas” among his properties. Are
the legacy and devise mentioned in the will void or ineffective? Explain.
 PROBLEM
• In Karl’s will, he wrote: “I hereby bequeath to Sonia some of the animals
in my farmland”. Is the legacy valid? Explain.
 Legacy for Education and Support
LEGACY FOR EDUCATION, Article 944, 1st par
• GR: It shall last until the legatee is of age, or
• ER: Beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course
diligently.
LEGACY FOR SUPPORT, Article 944, 2nd par
• GR: It shall last during the lifetime of the legatee.
• ER: Unless the testator provides otherwise.
AMOUNT OF LEGACY:
• The amount fixed by the testator.
• If the testator has not fixed the amount of such legacies:
• If the testator during his lifetime used to give the legatee a certain sum of money or other things by way of support, the same amount shall be
deemed bequeathed, unless it be markedly disproportionate to the value of the estate.
• it shall be fixed in accordance with the social standing and the circumstances of the legatee and the value of the estate. Article 944, 3 rd par
 ARTICLE 948, NCC
• WHEN DOES THE LEGATEE or DEVISEE ACQUIRES OWNERSHIP?
• WHO OWNS THE IMPROVEMENTS? WHO BEARS THE LOSS OR DETERIORATION?
 WHO OWNS THE FRUITS?
• There are two kinds of fruits:
• Fruits from the time of execution of the will but before the death of the testator (F1)
• Fruits upon the death of the testator until the property is delivered to the
legatee/devisee (F2)
The legacy or devise is of specific and determinate thing

• WHO OWNS F1?

• GR: F1 goes to the estate (Article 948, par 1)
• ER: Unless the testator expressly provides that F1 goes to the legatee/devisee (Article
793)
• WHO OWNS F2?
• Legatee/Devisee owns the F2. WHY? Because upon the testator’s death, the legatee or
devisee acquires ownership over the property. (Article 948, par 1 and Article 781)
The legacy or devise is generic or indeterminate thing

• See Article 949, NCC

• GR: F2 will go to the estate
• ER: If the testator expressly so ordered.
 ORDER OF PREFERENCE
• Article 911 – If the estate is not enough to cover the legitime of the CH,
the devises or legacies shall be reduced pro rata, without any distinction
whatever.
• Article 950 – It presupposes that the legitime has already been secured,
but the free portion is no longer sufficient to cover all the legacies and
devises. It contemplates a scenario where the legacies/devises exceeded
the estate. Hence, there will be reduction by preference under Article 950.
 ORDER OF PREFERENCE
If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made
in the following order:
(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.
 Article 952
ARTICLE 952. The heir, charged with a legacy or devise, or the executor or
administrator of the estate, must deliver the very thing bequeathed if he is able to do
so and cannot discharge this obligation by paying its value.
Legacies of money must be paid in cash, even though the heir or the estate may not
have any.
The expenses necessary for the delivery of the thing bequeathed shall be for the
account of the heir or the estate, but without prejudice to the legitime. (886a)
 PROBLEM
• Frank gave a legacy of “gold bracelet” to his sister, Tanya. There was a
gold bracelet in the estate when Frank died. The executor wants to deliver
to Tanya the cash equivalent of the gold bracelet. Can Tanya refuse
accepting cash, and insist on the delivery of the gold bracelet? Explain.
 PROBLEM
• Frank gave a legacy of “P300,000” to his sister, Tanya. The free portion of
the estate left by Frank is worth P500,000 consisting of jewelries. The
executor wants to deliver to Tanya jewelries worth P300,000. Can Tanya
refuse accepting jewelries, and insist on the delivery of P300,000 in cash?
Explain.
 ARTICLE 953
• ARTICLE 953. The legatee or devisee cannot take possession of the thing
bequeathed upon his own authority, but shall request its delivery and
possession of the heir charged with the legacy or devise, or of the executor
or administrator of the estate should he be authorized by the court to
deliver it. (885a)
 ARTICLE 954
ARTICLE 954. The legatee or devisee cannot accept a part of the legacy or
devise and repudiate the other, if the latter be onerous.
Should he die before having accepted the legacy or devise, leaving several
heirs, some of the latter may accept and the others may repudiate the share
respectively belonging to them in the legacy or devise. (889a)
 ARTICLE 955
ARTICLE 955. The legatee or devisee of two legacies or devises, one of which is onerous,
cannot renounce the onerous one and accept the other. If both are onerous or gratuitous,
he shall be free to accept or renounce both, or to renounce either. But if the testator intended
that the two legacies or devises should be inseparable from each other, the legatee or
devisee must either accept or renounce both.
Any compulsory heir who is at the same time a legatee or devisee may waive the
inheritance and accept the legacy or devise, or renounce the latter and accept the former, or
waive or accept both. (890a)
 Article 954 vs Article 955
• Article 954: There is only one legacy/devise but divided into two parts.
• Article 955: There are two legacies/devises.
 PROBLEM
• Oscar bequeathed a legacy of a car to Mary, with a corresponding
obligation to donate P500 to a nearby church every month of October for
3 years. Can Mary limit her acceptance of the legacy to the car, and reject
the obligation? Explain.
 ARTICLE 956
ARTICLE 956. If the legatee or devisee cannot or is unwilling to accept the legacy or
devise, or if the legacy or devise for any reason should become ineffective, it shall be
merged into the mass of the estate, except in cases of substitution and of the right of
accretion. (888a)
 ARTICLE 957
ARTICLE 957. The legacy or devise shall be without effect:
(1) If the testator transforms the thing bequeathed in such a manner that it does not retain either the form or the
denomination it had;
(2) If the testator by any title or for any cause alienates the thing bequeathed or any part thereof, it being
understood that in the latter case the legacy or devise shall be without effect only with respect to the part thus
alienated. If after the alienation the thing should again belong to the testator, even if it be by reason of nullity of
the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been effected
by virtue of the exercise of the right of repurchase;
(3) If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir’s
fault. Nevertheless, the person obliged to pay the legacy or devise shall be liable for eviction if the thing
bequeathed should not have been determinate as to its kind, in accordance with the provisions of article 928.
(869a)
 ARTICLE 959
ARTICLE 959. A disposition made in general terms in favor of the
testator’s relatives shall be understood to be in favor of those nearest in
degree. (751)
 PROBLEM
• Testator disposed the free portion of his estate to his “male relatives who
are lawyers”. Upon his death, three male lawyer relatives survived him:
Bert, his brother; Angelo, his grandfather; and Celso his grandson. The
free portion is worth P300,000. Who shall inherit, and how much?
Explain.
 PROBLEM
• Testator disposed the free portion of his estate to his “male relatives who
are lawyers”. Upon his death, four male lawyer relatives survived him:
Michael, his son; Bert his brother; Angelo his grandfather; and Celso his
grandson. The free portion is worth P400,000. Who shall inherit, and how
much? Explain.
 INTESTATE SUCCESSION
1. In testamentary succession, if the testator has no CH, then there are no legitime that will
be impaired. The entire estate of the testator becomes the free portion and is free for
his/her disposition.

2. But if there are CH, and these CH are instituted, the legitime of the CH are deemed
included in the institution. The excess will be considered chargeable against the FP.

3. If there are legacies and devises, we respect them if they are not inofficious, i.e., if they do
not exceed the FP. If they exceed the FP, then those legacies/devises have to be reduced.

4. If decedent dies without a will or the will has been declared void, then how do we
distribute his estate? We distribute his estate following rules on intestate succession.
 WHEN DOES INTESTACY OCCUR?
ARTICLE 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, or
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. (912a)
 LAW OF INTESTACY
• The law [of intestacy] is founded . . . on the presumed will of the deceased
. . . Love, it is said, first descends, then ascends, and, finally, spreads
sideways. Thus, the law first calls the descendants, then the ascendants,
and finally the collaterals, always preferring those closer in degree to
those of remoter degrees, on the assumption that the deceased would have
done so had he manifested his last will...
 WHO ARE INTESTATE HEIRS?

1. Legitimate ascendants (LA)

2. Illegitimate parents (IP)
3. Legitimate children and descendants (LC)
4. Illegitimate children (IC)
5. Surviving spouse (SS)
6. Brothers, Sisters, Nieces, Nephews (BSNN)
7. Other collateral relatives within 5 th civil degree of consanguinity
8. State

NOTE: ALL CH are LH. But not all LH are CH. The collateral relatives are not CH but they are LH .
How do these LH inherit? Do all of them
concur with each other?
• Rule of Proximity: The nearest excludes the more remote (Article 962), except in case there is right of
representation

• Rule of Equal Division: Relatives who are in the same degree shall inherit in equal shares, except (1)
the division between whole and half-blood (Article 1006); (2) the division in representation; and (3) the
division in the ascending line (Article 987, par 2.)

• The direct line excludes the collateral line (See Article 964)
• The descending line excludes the ascending line (Rationale: The love of a person is like the flow of a
river; it flows downwards and never upwards)

• If they concur in legitime, they concur in intestacy.

 RULES GOVERNING INTESTACY
• WHAT ARE THE RULES GOVERNING INTESTACY?
• Rule of proximity
• If the decedent was survived by his children (1st degree) and grandchildren (2nd degree), who shall inherit?
• The direct line excludes the collateral line
• If the decedent was survived by his children (direct descending line) and a brother (collateral line), who shall inherit?
• The descending line excludes the ascending line
• If the decedent was survived by his children (descending line) and parent (ascending line), who shall inherit?
• If they concur in legitime, they concur in intestacy
• If the decedent was survived by his legitimate children, wife, and 1 illegitimate child, who shall inherit?
 INTESTATE SHARE
Suppose the testator was survived by LA alone

• LA are entitled to receive the entire estate as their intestate share. Since LA are also
CH, they will receive the inheritance in two characters. The 1st as legitime, the 2nd
as share in the FP.

• NOTE: The intestate share therefore provided in the law necessarily includes the
legitime. Same rule with Testamentary Succession.
 NOTE
• In intestacy, you should know who got the FP because they are responsible for paying the
legacies and devises. You pay in proportion of their shares in the FP. Those with bigger
part, shall share a bigger part of the legacy.

• Not only are legacies and devises are chargeable against the FP. Donation inter vivos
given during lifetime are chargeable against FP. This is the reason when the donation
exceeded the FP, the donation is inofficious and must be reduced because there’s no
excess in which it can be charged against.

• ALWAYS REMEMBER in INTESTACY: Who received the FP? How much of the FP was
received?
 INTESTATE SHARE
• Suppose the LP of X concur with X’s siblings (brothers and sisters), who shall
inherit?
• All of them are LH but not all of them are entitled to inherit.
• Among the LH, we apply rules of intestacy.
• Direct line excludes the collateral. The LP exclude the siblings. Only the LP
inherit the entire estate X.
 INTESTATE SHARE
• Suppose the legitimate parents concur with the legitimate children of X, who will
inherit?

• We follow the second rule: Among the relatives in the direct line, the descending
excludes the ascending. Hence, only the legitimate children will inherit.

• What will the legitimate children receive?

• The entire estate, to be divided among themselves equally. Each descendant will
receive the inheritance in two characters, as legitime, and as share in the FP.
 INTESTATE SHARE
• Suppose the LP concur with illegitimate children. Who will inherit?
• LP and IC, following the rule that if they concur in legitime, they concur in intestacy.
• INSTESTATE SHARE?
• LP get ½ of the estate
• IC get ½ of the estate
• WHO GOT THE FP?
• LP – Nothing from the FP because their legitime is ½ of the estate. To reiterate, the intestate share also
includes the legitime.
• IC – The legitime of the IC is ¼ of the estate. But in intestate, IC got ½ of the estate. Hence, all of the
FP went to IC. If there are legacies/devises, IC will pay to the extent of the FP that they receive.
 INTESTATE SHARE
• Suppose the legitimate parents concur with surviving spouse. Who are the LH?
• All of them are LH.
• Will all of them inherit?
• YES.
• How will they share the inheritance?
• LP - ½ of the estate
• SS – ½ of the estate
• NOTE: The entire estate is distributed to the LH who are entitled to inherit. To whom does the
FP go? Check their legitime. The legitime of the SS is only ¼ of the estate, yet she gets ½ of
the estate. It means that all FP goes to SS.
 INTESTATE SHARE
• Suppose the LA concurs with the SS and IC:
• LA = ½

• SS = ¼
• IC = ¼
• To whom does the FP go? LH LEGITIME IS FP
LA 1/2 1/2 -
• Check the legitime of each LH.
SS 1/8 1/4 1/8
IC 1/4 1/4 -
 INTESTATE SHARE
• Suppose a legitimate child concurs with the illegitimate children:
A

| |

CDE B

Net estate = 120M

 ANSWER
• Who are entitled to inherit? 1LC (B) and 3 IC (CDE)
HEIRS IS LEGITIME NEW IS NOTE:
B 2 48M 60M 60M 1. B’s legitime is fixed at ½
of the estate or 60M.
C 1 24M 30M 20M
2. The legitime of the IC will
D 1 24M 30M 20M come from the FP. How
E 1 24M 30M 20M much is the FP? 60M.
TOTAL 5 120M 30M 20M
QUESTION: What if there are
legacies/devises? Who shall pay?
 INTESTATE SHARE
• Suppose the LC concurs with SS and IC.
A - B

| |

D C

Net Estate = 120M

 ANSWER

DETERMINE THE LEGITIME.

HEIRS LEGITIME
C 1/2 60M
D 1/4 30M
B 1/4 30M
TOTAL 120M
 ANSWER

HEIRS IS LEGITIME NEW IS NOTE:

C 2 48M 60M 60M 1. B’s legitime is fixed at ½
of the estate or 60M.
D 1 24M 30M 12M 2. The legitime of the IC and
B 2 48M 30M 48M SS will come from the
TOTAL 5 120M 120M 20M FP. How much is the FP?
60M.
3. The total of the IS of B
OBSERVATIONS: and D is 72M, but the FP
1. In intestacy, SS is preferred. is 60M only. How will you
2. In case the estate is insufficient, the IC suffers the reduction. divide the 60?
 INTESTATE SHARE
• Suppose legitimate children concur with the surviving spouse
A+ - B

C D E

• Net estate is = 120 M. Distribute the estate.

 ANSWER
HEIRS LEGITIME IS FINAL
C 20M 1 30M 30M (20M –Leg; 10M-
FP)
D 20M 1 30M 30M (20M –Leg; 10M-
FP)
E 20M 1 30M 30M (20M –Leg; 10M-
FP)
B 20M 1 30M 30M (20M –Leg; 10M-
FP)
TOTAL 80M 4 120M 120M
 INTESTATE SHARE
• Suppose one legitimate child concur with the surviving spouse
A+ - B

• Net estate is = 120M. Distribute the estate.

 ANSWER
HEIRS LEGITIME IS FINAL
C 60M 1 60M 60M (60M –Legitime)
B 30M 1 60M 60M (30M –Leg; 30M-
FP)
TOTAL 90M 2 120M 120M

Cf. Santillon v Miranda, G.R. No. L-19281, June 30, 1965

“So Art. 996 could or should be read (and so applied) : ‘If the widow or
widower and a legitimate child are left, the surviving spouse has the same
share as that of the child.’”
 INTESTATE SHARE
• Suppose the LC concurs with SS and IC.
A - B

| |

FG CDE

Net Estate = 120M

 ANSWER
HEIRS LEGITIME IS FINAL
C 20M 2 24M 24M (20M –Leg; 4M-FP)
D 20M 2 24M 24M (20M –Leg; 4M-FP)
E 20M 2 24M 24M (20M –Leg; 4M-FP)
F 10M 1 12M 12M (10M –Leg; 2M-FP)
G 10M 1 12M 12M (10M –Leg; 2M-FP)
B 20M 2 24M 24M (20M –Leg; 4M-FP)
TOTAL 100M 10 120M 120M
 INTESTATE SHARE
• Suppose only illegitimate children survive: They get the entire estate.
• Suppose the illegitimate children concur with BSNN: BSNN are excluded,
following the rule that the direct line excludes the collateral line.
 INTESTATE SHARE
• Suppose the surviving spouse concurs with BSNN:
• SS = ½
• BSNN = ½
• Suppose the surviving spouse concurs with OCR5: The spouse excludes all OCR5.
 PROBLEM
• X died intestate without issue. He was survived by: 3 full blood sisters –
C, A and N; 3 half blood brothers – B, O and Y. X’s estate amounts to
P900,000.00. Divide the estate and explain your answer.
 ANSWER
HEIRS LEGITIME IS
C - 2 200K
A - 2 200K
N - 2 200K
B - 1 100K
O - 1 100K
Y - 1 100K
TOTAL - 9 900K
 PROBLEM
• Carlo has three legitimate children, Mandy, Morgan and Meg. Carlo
executed a last will and testament, giving 1⁄2 of his estate to Madel.
Mandy died ahead of Carlo. When Carlo died, Madel, the illegitimate
child of Mandy wants to know if she can inherit from the estate of her
grandfather. Explain your answer.
 RIGHT OF REPRESENTATION
ARTICLE 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 if he could have inherited. (924a)
ARTICLE 971. The representative is called to the succession by the law and
not by the person represented. The representative does not succeed the
person represented but the one whom the person represented would have
succeeded. (n)
 RIGHT OF REPRESENTATION
1. In the direct descending line
ARTICLE 972. The right of representation takes place in the direct descending line, but never in
the ascending.
2. In the collateral line
ARTICLE 972. xxx
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. (925)
ARTICLE 975. When children of one or more brothers or sisters of the deceased survive, they
shall inherit from the latter by representation, if they survive with their uncles or aunts. But if
they alone survive, they shall inherit in equal portions. (927)
 RIGHT OF REPRESENTATION
• There is representation only with respect to inheritance conferred by law.
• What are the inheritance conferred by law?
• Intestate succession
• Legitime
• No right of representation in testamentary succession.
• No right of representation in repudiation.
 RIGHT OF REPRESENTATION

A+ - B
|
C D E
| | |
F GH IJK
 Who are the heirs of A?
 Suppose D predeceased A, who shall inherit from A?
 Supposed E repudiated his inheritance, who shall inherit from A?
 RIGHT OF REPRESENTATION

A+ - B
|
C D+ E
| | |
F GH IJK
 Suppose D predeceased A, who shall inherit from A?
 RIGHT OF REPRESENTATION

A+ - B
|
C D E (repudiated)
| | |
F GH IJK
 Supposed E repudiated his inheritance, who shall inherit from A?
 RIGHT OF REPRESENTATION
• A+ - B

• |

• C DR ER

• | | |

• F G H I J K

• | | | | |. |

• LM NO PQ R S
 RIGHT OF REPRESENTATION
• A+ - B

• |

• CR DR ER

• | | |

• F G H I J K

• | | | | |. |

• LM NO PQ R S
 RIGHT OF REPRESENTATION

• The heir is an illegitimate child but he predeceased his natural parent. Can he be
represented by his children?
• X is a legitimate child of G who predeceased the latter. Aside from an illegitimate child
which he acknowledged (in the child’s birth certificate), X also adopted a child of his
friend. May the children of X represent him with respect to the estate of G?
 AQUINO vs AQUINO
G.R. No. 208912. December 07, 2021

• READ THIS CASE.

 ACCEPTANCE AND REPUDIATION

• Capacity to Succeed IS NOT SYNONYMOUS to Capacity to Accept.

• Prerequisites of a valid acceptance/repudiation:
• The heir must be certain of the death of the decedent. (Article 1043, NCC)
• The heir must be certain of her rights to the inheritance.
• Acceptance/Repudiation, once made, is IRREVOCABLE. (Article 1056,
NCC)
 ACCEPTANCE
• Acceptance may be
1. EXPRESS
• An express acceptance MUST be in a public document. Article 1049, 1 st par.
2. IMPLIED
• Acts of mere preservation or provisional administration do not imply an acceptance of
the inheritance if, through such acts, the title or capacity of an heir has not been assumed.
• Article 1050, NCC
 REPUDIATION
• The repudiation of an inheritance shall be made:
1. In a public or authentic instrument, or
2. By petition presented to the court having jurisdiction over the testamentary or
intestate proceedings. See ARTICLES 1051, 1057
 EFFECT OF REPUDIATION
• Repudiation as a testamentary heir includes repudiation of inheritance as a
legal heir.
• Repudiation as a legal heir does not mean repudiation as a testamentary
heir, UNLESS, he/she is aware of being a testamentary heir when the
repudiation was made.
 RIGHT OF ACCRETION
• ACCRETION IN TESTAMENTARY SUCCESSION
• ARTICLE 1015. Accretion is a right by virtue of which, when two or more persons
are called to the same inheritance, devise or legacy, the part assigned to the one
who renounces or cannot receive his share, or who died before the testator, is added
or incorporated to that of his co-heirs, co-devisees, or co-legatees. (n)
 Right of Accretion
• ARTICLE 1016. In order that the right of accretion may take place in a
testamentary succession, it shall be necessary:
• (1) That two or more persons be called to the same inheritance, or to the
same portion thereof, pro indiviso; and
• (2) That one of the persons thus called die before the testator, or renounce
the inheritance, or be incapacitated to receive it. (982a)
 Right of Accretion
• ARTICLE 1023. Accretion shall also take place among devisees, legatees
and usufructuaries under the same conditions established for heirs. (987a)
 RIGHT OF ACCRETION
• ACCRETION IN INTESTATE SUCCESSION
• ARTICLE 1018. In legal succession the share of the person who
repudiates the inheritance shall always accrue to his co-heirs. (981)
• ARTICLE 1019. The heirs to whom the portion goes by the right of
accretion take it in the same proportion that they inherit. (n)
• ARTICLE 1020. The heirs to whom the inheritance accrues shall succeed
to all the rights and obligations which the heir who renounced or could not
receive it would have had. (984)
• ARTICLE 1021. Among the compulsory heirs the right of accretion shall
take place only when the free portion is left to two or more of them, or to
any one of them and to a stranger.
• Should the part repudiated be the legitime, the other co-heirs shall succeed
to it in their own right, and not by the right of accretion. (985)
 RIGHT OF ACCRETION

1. “I institute X, Y and Z to my entire estate such that X ½, Y ¼ and Z ¼.” Will there be
accretion if X becomes incapacitated to inherit?
2. “I institute x to ½, y to ¼ and z to remaining ¼ of the estate.” When Z predeceases the
testator, to whom shall the share of Z go?
3. “I give ½ of my estate to ABC.” Will there be accretion in favor of co-heirs if A
predeceases the testator?
4. “I institute ½ of my 10M bank deposit to A, the other half to B.” To whom shall the
share of B go if he repudiates his inheritance?
 PROBLEM

A+ - W

X - B(repudiates) C
|
D E
A instituted B, C, and W to his entire estate such that B gets 1/3 , C gets 1/3, and W
gets 1/3. A left an estate worth 240M at the time of his death. Suppose B repudiates
his inheritance, distribute the estate.
 ANSWER
1. EFFECT OF REPUDIATION. Since B is also a CH, his repudiation applies to both
his legitime and his share in the intestate party. But because the testator disposes his
entire estate thru a will, there will be no intestate succession. Does B’s repudiation
include his testamentary part? YES, because unless qualified, the repudiation, it is total,
i.e., entire inheritance.
 May the children of B represent their parent? NO.
ARTICLE 977. Heirs who repudiate their share may not be represented.
2. TO WHOM SHALL THE SHARE OF B GO? DETERMINE IF THERE IS
ACCRETION.
 SOLUTION
HEIRS WILL LEGITIME LEGITIME By FINAL
W/OUT B WITH B ACCRETION SHARE
C 1/3 = 80M ½ = 120M 60M 20M 140M
W 1/3 = 80M ¼ = 60M 60M 20M 100M
B 1/3 = 80M It is as if he no longer 60M
(repudiates exists
)
TOTAL 180M (FP=40M) 40M 240M

1. The total legitime of C and W, without B in the picture is 180M.

2. The FP is 40M which becomes vacant as a result of B’s repudiation.
3. The 40M that becomes a vacant share goes by accretion to the co-heirs (1018).
 PROBLEM

A+ - W
| |
Y X+ B(repudiates) C
| | |
G F DE
• A was survived by his spouse, W; two legitimate children, B and C. B has two legitimate children, D and E. X and
Y on the other hand are the illegitimate children of A. X, who predeceased A, was survived by F and G, his
legitimate and illegitimate children, respectively.

• At the time of A’s death, the value of the estate is 240M. Distribute the estate.
 ANSWER
• DETERMINE THE EFFECT OF:
• Repudiation of B = no representation
• When X predeceased the A = may be represented
• DETERMINE IF THERE IS ACCRETION
 SOLUTION
HEIRS INTESTATE LEGITIME FINAL SHARE 1. Since intestacy, divide the estate to the number of
shares according to the rules of intestacy. 1 heir =
C 2 = 80M ½ = 120M 120M 240/6 (number of shares) or 40M.
W 2 = 80M ¼ = 60M 60M 2. Check if the legitime was impaired. In the
B NONE NONE NONE computation, the heir who repudiated will no longer
be included.
X 1 = 40M 60M 30M
3. C’s legitime was impaired. We need 40M to complete
Y 1 = 40M 60M 30M his legitime. Where will be get it? FP.
TOTAL 240M 300M 240M 4. After completing the legitime of C, the remaining FP
is120M. The FP is not enough to complete the
legitime of W, X, and Y.

5. We first complete the legitime of W. Legitime of W is

preferred over the IC.
 PROBLEM
A+ - W

|illegit |

C B+

|illegit |

D E

B predeceased A, and was survived by one legitimate child, E and one illegitimate child, D.

A left a will: W = ½; Z (nephew) = 10M

The value of the Estate is 240M. Distribute the estate.

 SOLUTION
HEIRS WILL LEGITIME FINAL
SHARE 1. Give the legitime first.
B - ½ = 120M 120M 2. If we follow the will, the
legitime of B and C will be
W 1/2 = 120M ¼ = 60M 60M impaired.
3. Nothing is left of the free
C - ½ of 120M = 60M 60M
portion after completing the
Z 10M 0 legitime.
TOTAL 240M 240M 4. Since there’s no more FP, Z
will not receive the legacy,
and the W will only receive
her legitime.
 PROBLEM
X+ - W

| QUESTION:

A B A and B. who are CH in the

direct line, were omitted from
X executed a will which contains the following provisions: the will. Were they preterited?
• W = ½ estate
• Z = a legacy of 10M
At the time of X’s death, the value of the estate is 240M. Distribute the estate.
 SOLUTION
WHAT ARE CHARGEABLE
HEIRS LEGITIME WILL ACTUAL FINAL
AGAINST THE FP?
SHARE SHARE
1st. DONATIONS INTER VIVOS
A 60M 0 60M 2nd. LEGACY/DEVISE
3rd. INSTITUTION OF HEIRS.
B 60M 0 60M
W 60M ½ = 120M 50M 110M SOLUTION:
Leg – 60 (instead of 1. The FP is 60M. Who shall get
FP -60 60M) the FP?
2. Legacy first (Z) before
Z 0 10M 10M 10M
institution of heir (W).
TOTAL 180M 240M 3. FP after deducting the 10M
(FP = 60M) legacy is 50M.
4. The remaining FP will go to W
as testate share.
 PROBLEM
Z - W

Aillegit

• Z executed as will instituting as his heir to ½ of the estate. Z also gave a 10M legacy to
Z, his nephew. At the time of his death, the value of the estate is 240M. Distribute the
estate.
 SOLUTION
HEIRS LEGITIME WILL SHARE

W 1/3 = 80M ½ = 120M 120M QUESTION:

Leg – 80M
FP -40M WHO SHALL GET THE
REMAINING 30M?
A 1/3 = 80M 0 80M
 Will W who already got
Z 0 10M 10M
½ of the estate still be
TOTAL 160M 210M included?
(FP = 80M) (FP = 30M)
 ANSWER
• When the will contains an institution of CH, unless a different intention can be gathered
from the wording of the will, the testator wants to limit the inheritance of the CH
instituted to the amount or aliquot parts specified in the will.
• The balance of the estate therefore goes to the other LH by intestacy and the heir who
was already given the institution should no longer be considered as an intestate heir.
 SOLUTION
HEIRS LEGITIME WILL SHARE INTESTACY FINAL SHARE

W 1/3 = 80M ½ = 120M 120M 0 120M

Leg – 80M
FP -40M

A 1/3 = 80M 0 80M 30M 110M

Z 0 10M 10M 0 10M
TOTAL 160M 210M 240M
(FP = 80M) (FP = 30M)
 PROBLEM
X+
|
A+ B repudiates C incapacitated D
| | | |
EF GH IJ KL
• X executed a will instituting ABCD to the entire estate. At the time of his death, the
estate is worth 720M. Distribute the estate.
 SOLUTION
HEIRS LEGITIME WILL REPRESENTATION ACCRETION FINAL SHARE

A 120M 180M Leg – 120M E = 60M E = 60M

FP – 60M F = 60M F = 60M
B 0 180M FP – 180M 0
C 120M 180M Leg – 120M G = 60M G = 60M
FP – 60M H = 60M H = 60M
D 120M 180M Leg – 120M 300M 480M
FP – 60M
TOTAL 360M 720M 720M
(FP=360M)
 PROBLEM
X+
|
A+ B repudiates C incapacitated D
| | | |
EF GH IJ KL
• Suppose X died intestate. At the time of his death, the estate is worth 720M. Distribute
the estate.
 SOLUTION
HEIRS LEGITIME INTESTATE REPRESENTATION FINAL SHARE

A 120M 240M E = 120M E = 120M

F = 120M F = 120M
B 0 0 0 0
C 120M 240M G = 120M G = 120M
H = 120M H = 120M

D 120M 240M 240M

TOTAL 360M 720M 720M
(FP=360M)
 Capacity to Succeed by will or intestacy

1. Who are disqualified to succeed by reason of possible undue influence? –

Article 1027
2. Who are disqualified to succeed by reason of public policy? - Article
1028, cf. Article 739
3. Who are disqualified to succeed by reason of unworthiness? – Article
1032
 By reason of unworthiness, Article 1032
(1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue; cf
Article 920 (1)
(2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; cf Article 919
(1), Article 920 (2), Article 921 (1)
(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; cf Article 919 (2), Article 920 (3), Article 921 (2)
(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; cf Article 919 (3), Article 920 (4)
(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;
cf Article 919 (4), Article 920 (5), Article 921 (3)
(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)
 PROBLEM
• X is a priest who heard the last confession of his mother, S. S died with a
will, giving ¼ of free portion of her estate to X, and another ¼ of the free
portion to X’s church. S was survived by two sons, X and Y, daughter, Z,
and her husband, T. The estate is worth P1Million. Divide the estate.
 PROBLEM
1. S was found guilty of committing adultery with their family driver T in
2010. S’s husband, X, died two years after the conviction in 2012. He
was survived by S and their son, M . X’s estate is worth P500,000. In a
last will that was executed in 2008, X gave T a legacy worth
P50,000.00. Divide the estate.
2. Would your answer be different if X executed the will in 2011 after the
conviction of T and S? Explain.
 COLLATION
1. To collate – to restore or to add to the mass of the hereditary estate the
value of the gratuitous disposition – See Article 1061
2. To impute (to charge)– See Article 1062 – 1066
3. To reduce
 COLLATION

Lester, during his lifetime, gave a donation inter vivos to his son, Mark,
worth Php300,000. The donation is silent about collation. When Lester died,
he was survived by his four legitimate children, Lyza, Via, Marvin and
Mark. His estate is worth Php700,000 at the time of his death.
1. How much are the legitimes of the three children?
2. Divide the estate in intestate succession.
3. Suppose the deed of donation states that the donation is not subject to
collation, how will you divide the estate?