Concept of Succession
Succession
• It is a mode of acquisition by virtue of of which the
property, rights and obligation to the extent of the value of
the inheritance, of a person are transmitted through his
death to another or others either by his will or by
operation of law
Nature: A gratuituous transmission of properties from
deceased person in favor of his successors. Debt of the
decedent shall not be inherited by heirs
Types of Succession
1. Testate or Testamentary Succession - specific heir/s are
designated thru last “will and testament” executed in the form
prescribed by law
> a person who died with a will is a ‘Testate” / Testator [died with a
written will]
2. Legal or Intestate Succession - death without a will or an invalid
one.
> succession shall be made in accordance to the default provision of
the Civil Code
3. Mixed Succession- transmission of decedent property shall be
partly thru the virtue of written will and partly thru operation of law
Will- an act whereby a person is permitted, with formalities
prescribed by law, to control to a certain degree the
disposition of the estate, to take effect after his death
> it is an expression of decedent desire as to how his
properties will be distributed after death
Types of Will
1. Holographic will - will that is entirely written, dated and
signed by the hand of the testator himself
2. Notarial will- a notarized will signed by the decedent and
witnesses
3. Codicil- a supplement or addition to the will, made after
the execution of a will, annexed to be taken as part of
thereof by which disposition made in the original will is
explained, added to or altered
Elements of Succession
1. Decedent - the general term applied to the person whose
property is transmitted through succession with or without
will.
2. Estate- the properties, rights and obligations of the
decedent not extinguished by his death. Also referred to as
inheritance
3. Heirs- person called to successioneither thru a will or by
operation of alw
Heirs under Intestate Succession
1. Compulsory heirs - persons that will inherit the estate
by default. [only by their absence shall the estate be
partitioned to other relatives, if no relatives, estate will go to
the government]
2. Relatives up to the fifth degree og consanguinity
3. Republic of the Philippines
Types of compulsory heirs
a. Primary heirs- legitimate children and direct decendants
b. Secondary heirs-legitimate/illegitimate parents and ascendants.
> shall inherit only in absence of Primary heirs.
> no inheritance if there is primary heir
c. Concurring heirs- the surviving spouse and illegitimate children
NOTE: Normally inheritance will be shared by Primary and Concurring heirs,
If no Primary heirs, inheritance will be shared by Secondary and Concurring
heirs
Definition of TERMS
a. Legitimate children- born out of legal marriage
b. Direct decendants- refer to children or in their absence
their grandchildren
c. Legitimate parents- refer to biological parents
d. Illegitimate parents-adopting parents
e. Surviving spouse- widow or widower of decedent
f. illegitimate decendants- illegitimate children
Basic Intestate Partition Procedures
a. The decedent and the surviving spouse shall first share
in their common properties [net common properties/2]
b. Determination of decedent net interest
> exclusive properties of decedent
> share of decedent on the net common properties
c. Partition of the decedent’s net interest to the heirs
1. surviving spouse
2. Legitimate children
3. Illegitimate children
Heirs under Testamentary Disposition
• 1. Compulsory heirs
• 2. other persons specified by the decedent in his will
• Legitime-part of testators properties which cannot be disposed of because
the law has it reserved for certain heirs [compulsory heirs]
• Free portion - can be disposed of to additional heirs irrespective of their
relationships.
• Note: Disinheriting compulsory heirs should be based
under the law
Thank you
EdcUbina
