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The document outlines the general provisions and different types of succession under Philippine law. It discusses testamentary succession including wills, testamentary capacity, forms of wills, revocation of wills, and legitime. It also discusses intestate succession, the order of intestate succession, and common provisions for both testate and intestate succession including right of accretion, capacity to succeed, acceptance and repudiation of inheritance, and collation. It provides an overview of the key concepts and articles in the Civil Code related to succession under Philippine law.

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Jhie Navarrosa
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60 views3 pages

Untitled 1

The document outlines the general provisions and different types of succession under Philippine law. It discusses testamentary succession including wills, testamentary capacity, forms of wills, revocation of wills, and legitime. It also discusses intestate succession, the order of intestate succession, and common provisions for both testate and intestate succession including right of accretion, capacity to succeed, acceptance and repudiation of inheritance, and collation. It provides an overview of the key concepts and articles in the Civil Code related to succession under Philippine law.

Uploaded by

Jhie Navarrosa
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as ODT, PDF, TXT or read online on Scribd
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SUCCESSION I. General Provisions (Arts. 774-780) A. Definition/What is transmitted Arts. 774, 776, 781 B.

. Succession occurs at the moment of death Art. 777 C. Kinds of Successors Heirs, Devisees, Legatees Art. 782 II. Testamentary Succession A. Wills 1. In General a. Definition and characteristics - (Arts. 783-787) (1) Personal Act; Non-delegability of will-making Arts. 784-785, 787; exception 786 (2) Rules of Construction and Interpretation/Law Governing Formal Validity Art. 788-795 2. Testamentary Capacity and Intent (Arts. 796-803) a. Age Requirement Art. 797 b. Soundness of Mind; Presumptions Arts. 798-801 3. Form a. Formal Validity Rules - Arts. 17, 815-817, 819 (1) See Law Governing Substantive Validity Arts. 15, 16, 1039 b. Common requirements Art. 804 (1) In Writing (2) Language/Dialect Requirement c. Notarial Wills (1) Arts. 805-806 (2) Special rules for handicapped testators Arts. 807-808 (3) Substantial Compliance Art. 809 (4) Requisites Arts. 820-824 d. Holographic Wills (1) Requirements Arts. 810-814 (2) Witnesses Required for Probate Art. 811 Alterations, Requirements Art. 814 e. Joint Wills Arts. 818-819 4. Codicils, Definition and Formal Requirements Arts. 825-826 5. Incorporate by Reference 6. Revocation (Arts. 828-834); kinds (Art. 830) 7. Allowance and Disallowance of Wills (Arts. 838-839) a. Probate Requirement Art. 838 (1) Issues to be Resolved in Probate Proceedings Art. 839

(a) Exceptions when practical considerations demand the intrinsic validity of the will be resolved (2) Effect of Final Decree of Probate, Res Judicata on Formal Validity b. Grounds for Denying Probate Art. 839 B. Institution of Heirs (Arts. 840-856) 1. Preterition Definition, Requisites and Effects (Art. 854) 2. Concept Art. 854 3. Compulsory Heirs in the Direct Line 4. Preterition vs. Disposition less than Legitime/Donation Inter Vivos Arts. 855, 906-918 5. Effects of Preterition, devisees only entitled to completion of legitime C. Substitution of Heirs (Arts. 857-870) 1. Definition Art. 857 2. Kinds Arts. 858-860 3. Simple Substitution Art. 859 4. Fideicommissary Substitution Arts. 863-866, 869 D. Conditional Testamentary Dispositions and Testamentary Dispositions with a Term Arts. 871-885 E. Legitime (Arts. 886-914) 1. Definition Art. 886 2. Compulsory Heirs and Various Combinations Arts. 887-903 3. Reserva Troncal Art. 891 4. Disinheritance a. Disinheritance for cause Art. 919 (1) Reconciliation Art. 922 (2) Rights of descendants of person disinherited Art. 923 b. Disinheritance without cause - Art. 918 5. Legacies and Devisees Arts. 924-959 III. Legal or Intestate Succession Arts. 960-1014 A. General Provisions Arts. 960-969 1. Relationship Arts. 963-969 2. Right of Representation Arts. 970-977 B. Order of Intestate Succession Arts. 978-1014, 992 IV. Provisions Common to Testate and Intestate Succession Arts. 1015-1105 A. Right of Accretion Arts. 1015-1023 1. Definition and Requisites Arts. 1015-1016 B. Capacity to Succeed by Will or Intestacy (Arts. 1024-1040) 1. Persons Incapable of Succeeding Arts. 1027, 739, 1032

2. Unworthiness vs. Disinheritance C. Acceptance and Repudiation of the Inheritance Arts. 1041-1057 D. Collation Arts. 908-910, 1061-1062 E. Partition and Distribution of Estate Arts. 1078-1105 1. Partition Arts. 1079, 1080 2. Partition inter vivos 3. Effects of Partition Arts. 1091, 1097, 1100, 1104-1105 EXCLUDE: Executors and Administrators (Arts. 1058-1060) to be covered by Remedial Law

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