DISINHERITANCE -the process or act, thru a testamentary disposition of depriving in a will any compulsory heir of his legitime for

true and lawful causes. PURPOSE: RETRIBUTION, not vengeance. OBJECT: - to punish the ungrateful, the culpable, the cruel , the unnatural heir, or an unfaithful wife. -to maintain order and discipline in the family NOTE: ONLY compulsory heirs can be disinherited, for they alone are entitled to the legitime.

PRETERITION VS. IMPERFECT DISINHERITANCE PRETERITION The institution of heirs is completely annulled IMPERFECT DISINHERITANCE The institution remains valid, but must be reduced insofar as the legitime has been impaired.

SIMILARITIES: 1. Both, the omitted heir and the imperfectly disinherited heir get at least their legitime 2. Both, the legacies and devises remain valid insofar as the legitime has not been impaired Both refer to compulsory heirs.

3.

REQUISITES: must (code: WEL-TECCI) 1. Be made in a valid will. 2. Be made expressly 3. Made for legal cause 4. Made for true cause 5. Made for an existing cause 6. Be total or complete 7. Cause must be stated in a will 8. The heir disinherited must be clearly identified

TAKE NOTE: ART. 919- CAUSES FOR THE DISINHERITANCE OF CHILDREN AND DESCENDANTS ART. 920- CAUSES FOR THE DISINHERITANCE OF PARENTS OR ASCENDANTS ART. 921- CAUSES FOR DISINHERITING A SPOUSE All discussion pp.387-399 RECONCILIATION -the mutual restoration of feelings to the status quo. The resumption of friendly relations. -no special form, can be express or implied. EFFECTS: 1. If no disinheritance has been made yet, no disinheritance can now be done. 2. Disinheritance already made is rendered INEFFECTUAL. RULES IN CASE THE CAUSE OF THE DISINHERITANCE IS ALSO A CAUSE OF UNWORTHINESS (e.g. abandonment of children and the attempt to take the life of the testator) a. If the cause of unworthiness was made a ground for disinheritance and there is a reconciliation- the mere fact of reconciliation EXTINGUISHES the unworthiness and NO written document is needed for a condonation If the cause of unworthiness was NOT made the ground for disinheritance, or there has been no disinheritance at all, ART.1033 applies The causes of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or having known of them subsequently, he should condone them in writing.

Check: illustrations pp. 381- 82

EFFECTS: 1. Institution of heirs is annulled but only insofar as may prejudice the person disinherited, that is, insofar as the legitime of said heir is impaired The devises, legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.

2.

b.

CHECK: Examples pp. 384-85

PRETERITION VS. VALID DISINHERITANCE PRETERITION 1.the omission may either be intentional or unintentional 2.may be with or without cause 3.preterition annuls institution; therefore omitted heir inherits the the DISINHERITANCE 1.disinheritance is always intentional 2.cause must always be stated in the will; must be true and legal 3.the disinherited heir inherits NOTHING.(either in legitime or free portion) HOW DISINHERITANCE IS REVOKED: 1. Subsequent reconciliation 2. The making of a new will making the disinherited heir an instituted heir. REPRESENTATION OF THE DISINHERITED HEIR: The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; But the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime.

NOTE:

The heirs of the disinherited heir can represent the latter, but only insofar as the legitime of said disinherited heir is concerned. The children and the descendants are allowed to inherit by representation, the legitime of the disinherited heir because the fault of the heir is not the fault of the representative- and it would be unjust to punish them.

jurisdiction over any and all properties of the deceased.

Q: WHO INHERITS IN DEFAULT OF TESTAMENTARY HEIRS? 1. 2. 3. Legitimate and illegitimate relatives of the deceased Surviving spouse The State

NOTE: an intestate heir is not necessarily a compulsory heir. LEGAL OR INTESTATE SUCCESSION ART. 960 Legal or intestate succession takes place: 1. 2. 3. 4. 5. if a person dies without a will; or will is void; or one which has subsequently lost its validity when the will does not institute an heir to; or does not 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; if the suspensive condition attached to the institution of heir does not happen or is not fulfilled; or if the heir dies; or repudiates the inheritance, there being no substitution and no right of accretion takes place; when the instituted heir is incapable of succeeding Q: MAY INTESTATE HEIRS BE DISINHERITED? a. b. If the intestate heirs are also compulsory heirs (e.g. legitimate children)- YES. If the intestate heirs are NOT compulsory heirs (e.g. brothers)- NO. However, such intestate heirs may be excluded, expressly or impliedly.

Just take note: principles for the exclusion of an intestate heir- p.462 2 BASIC PRINCIPLES OF INTESTATE SUCCESSION 1. The nearer excludes the farther relative. 2. In general, inheritance is in equal shares. There are exceptions however. Q: d survived by a grandfather and a brother. Will both inherit? A: Although it is true that both are just as near in degree, still it is the grandfather alone who should inherit because the DIRECT LINE is preferred over the collateral line. SOME INPORTANT POINTS TO REMEMBER: 1. The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, the right of representation takes place only in favor of the children of brothers or sisters, whether they be of full or half-blood. Should brothers and sisters of the half-blood, survive together with brothers and sisters of the half-blood, the former shall be entitled to a share double that of the latter. Should there be more than 1 ascendant of equal degree belonging to the same line, they shall divide the inheritance per capita; should they be of different lines but of equal degree, shall go to the paternal and to the maternal ascendants. In each line, the division shall be made per capita.

6. 7. 8. 9.

LEGAL SUCCESSION- kind of succession prescribed by the law(and presumed by it to be the desire of the deceased) which takes place when the expressed will of the decedent has not been set down in a will. NOTE:

In legal succession, the law tries to follow the presumed will of the decedent. In forced succession (succession to the legitime), regardless of the decedents desire, he must comply with the rules on the legitime.

2.

3.

REASON, PURPOSE, OR BASIS OF LEGAL SUCCESSION: Because UNEXPECTED DEATH may come to any person, the law presumes what would have been the last wishes of a person had such person made a will while still alive, taking into consideration his love and affection for those closest to him. WHEN INTESTATE HEIRS CAN INHERIT: On the ground that the will is VOID, provided there must first be a declaration of the nullity of the will or a positive disallowance of a will. Q: DOES PRETIRITION CONVERT THE COURT PROCEEDING INTO AN INTESTATE PRECEEDING? A: it depends. a. If the proceeding is a TESTATE PROCEEDING, the same is converted into a proceeding for the settlement of an intestate estate (except insofar as there are legacies and devises which are not inofficious) b. If the proceeding is an ORDINARY CIVIL ACTION to annul the partition already made by the other heirs of certain properties, the action CANNOT be converted into an intestate proceeding with

4.

RELATIONSHIP- refer to codal provisions ART. 963- 969 Take note of ACCRETION & REPUDIATION- pp.466-46 RIGHT OF REPRESENT OF RREPRESENTATION 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. It exists in case of: 1. Predecease (testate and intestate) 2. Incapacity (testate and intestate) 3. Disinheritance (testate only)

RULES IN ADOPTION: 1. An adopted child CANNOT be represented 2. Neither may an adopted child be represented. REASON: The legal filiation is only between the adopted child and the adopter. Nothing with the parents of the adopter. Q: In whose favor is the right of representation in the cultural line? A: It takes place only in favor of the children of brothers and sisters (nephews and nieces). It cannot be exercised by grandnephews and grandnieces. IMPORTANT NOTES IN REPRESENTATION: 1. The representative is called to the succession by the law and not by the person represented. 2. It is necessary that the representative himself be capable of succeeding the decedent. 3. ART. 974 4. ART. 975 (Take note of bar question-p.478) 5. A person may represent him whose inheritance he has renounced. 6. A renouncer may represent but may NOT be represented. (see discussion on p.479) ------------------------------------------------------------------------ORDER OF INTESTATE SUCCESSION A. ORDER OF INTESTATE SUCCESSION TO THE ESTATE OF A LEGITIMATE CHILD (here the deceased was a legitimate child 1. Legitimate children and their legitimate descendants 2. Legitimate parents and other legitimate ascendants. 3. Illegitimate children and their descendants, whether legitimate or illegitimate 4. Surviving spouse, without prejudice to the rights of brothers and sisters, nephews and nieces should there be any. th 5. Collateral relatives up to the 5 degree of relationship 6. The state B. ORDER OF INTESTATE SUCCESSION TO THE ESTATE OF AN ILLEGITIMATE CHILD (here the deceased was an illegitimate child 1. Legitimate children and other legitimate descendants 2. Illegitimate children and other descendants (whether legitimate or illegitimate) 3. Illegitimate parents 4. Surviving spouse. Illegitimate brothers and sisters, nephews and nieces 5. The state SUCCESSION BY LEGITIMATE AND LEGITIMATED CHILDREN (see codal, ART. 979) INHERITANCE BY CHILDREN (codal ART. 980) INHERITANCE BY GRANDCHILDREN (codal ART.982, discussions pp.484- 85) SHARE OF ILLEGITIMATE CHILDREN CONCURRING WITH LEGITIMATE CHILDREN (ART. 983) ESTATE OF ADOPTED CHILDREN (ART. 984)

Continuation on LEGACIES & DEVISEES WHEN RIGHT IS TRANSMITTED The legatee or devise acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. The right to the property is vested as follows: 1. If specific- from the testators death 2. If generic- from the time a selection has been made, so as to make the property specific 3. If alternative- from the time the choice has been made 4. If acquired from a stranger by virtue of an order (express or implied) by the testator- from the moment of such acquisition RULES IN CASE OF CONDITIONAL GIFTS- from the moment of death also, provided that the condition is fulfilled RULES IN CASE OF GIFTS WITH A TERMa. If the gift is with a suspensive term, the right also vests from the moment of the testators death, although of course, it does not become EFFECTIVE until after the arrival of the suspensive term. b. If the gift is with a resolutory term, the right also vests from the moment of the testators death , but will END when the resolutory term arrives.

WHEN NO TRANSMISSION OCCURS? a. Predeceases b. Repudiation c. Incapacitated WHEN OWNERSHIP OF LEGACY OR DEVISE IS ACQUIRED? From the owners death. The following: 1. The devise or legacy 2. Growing fruits 3. Unborn offspring of animals 4. Uncollected income (but not those DUE and UNPAID BEFORE the testators death because they may fall in to the category of property acquired after the making of the will.) PAYMENTS OF DEBTS: As between the creditors and the legatees and the devisees, the former are preferred. RULE WITH RESPECT TO DONATIONS Properties donated INTER VIVOS, if proper, are NOT subject to the payment of legacies and devises IF GENERIC GIFTS: ART. 949 If the bequest should NOT BE SPECIFIC & DETERMINATE thing, but is GENERIC: Its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered. RULE IN CASE OF MONEY Money is and it has been held that interest thereon at 6% per annum may be recovered from the time there is default in the delivery of the money legacy. And there is default, once demand is made.

ORDER OF PREFERENCE FOR LEGACIES AND DEVISES Code: RPSESA 1. 2. 3. 4. 5. 6. Remuneratory legacies and devises Legacies and devises declared by the testator to be preferential Legacies for support Legacies for education Legacies or devises of a specific, determinate thing which forms a part of the estate. All others, pro rata

understood to be in favor of those nearest in degree. Take note- see some sample problems to answer in pp.453454

ACCESSIONS AND ACCESSORIES The thing bequeathed shall be delivered with all it Accessions and accessories and in the condition in which it may be upon the death of the testator. DELIVERY OF GIFT: (ART. 952) 1. If the grantee accepts a legacy other than the property specified, or other than money, this ia all right. 2. To satisfy money legacies if there be none in the estate, personal property, and later, real property may be sold. 3. If delivery is by judicial proceeds, the court will determine who should pay the necessary expenses for such delivery.

(ART. 954) PARTLY ONEROUS & PARTLY GRATUITOUS GIFTS INDIVISIBLE GIFTS: should the burden on the onerous legacy or devise be INDIVISIBLE, same must be totally, complied with those heirs of the legatee. (ART.955) ONEROUS & GRATUITOUS GIFTS- see p447 (ART.956) EFFECT OF INCAPACITY OR REPUDIATION Shall be merged into the mass of the estate, except in cases of substitution and of the right of accretion

ACCRETION- a right by virtue of which, when 2 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-devises, or co-legatees. NOTE: ISRAI IsRAi Institution substitution representation accretion intestacy

(ART. 957) WHEN LEGACY OR DEVISE IS WITHOUT EFFECT 1. TRANSFORMS 2. ALIENATES 3. LOST (ART. 958) EFFECT OF MISTAKE IN NAME OF THING No consequence, if it is possible to identify the thing which the testator intended to bequeath or devise. (ART. 959) DISPOSITION IN GENERAL TERMS A disposition made in general terms in favor of the testators relatives shall be