The ISRAI Framework

Philippine Succession Law Hierarchy

A comprehensive visual guide to the ISRAI Framework - the systematic approach to resolving vacant shares in inheritance under Philippine succession law.

What is ISRAI?

ISRAI is a systematic framework that ensures orderly property transfer by progressing from the most specific expression of the testator's will to the most general application of law, guaranteeing that no portion of an estate remains without a rightful heir.

The ISRAI Hierarchy

Each step represents a priority level, with higher priorities taking precedence over lower ones

I

Institution of Heir

Priority 1 - Testator's primary designation

Highest Priority
↓
S

Substitution

Priority 2 - Testator's backup plan

↓
R

Representation

Priority 3 - Descendants step into ancestor's place

↓
A

Accretion

Priority 4 - Co-heirs absorb vacant shares

↓
I

Intestacy

Priority 5 - Legal default distribution

Last Resort

Step-by-Step Breakdown

I

Institution of Heir

The testator's primary designation of heirs, legacies, and devises. This reflects the fundamental principle that a validly expressed will constitutes the supreme law of succession.

Requirements:

  • • Valid and properly probated will
  • • Heir must be alive at testator's death
  • • Heir must have legal capacity
  • • Heir must accept the inheritance
  • • Cannot violate legitime protections
S

Substitution

The testator's backup plan when primary institution fails. Allows testators to anticipate problems and designate alternatives in advance.

Four Types:

  • • Simple: Basic substitute designation
  • • Brief: Complex multiple arrangements
  • • Reciprocal: Mutual substitution
  • • Fideicommissary: Successive inheritance (limited)
R

Representation

A legal fiction allowing descendants to step into their ancestor's place and inherit shares that would have gone to the represented person.

Key Rules:

  • • Direct line: Unlimited degrees
  • • Collateral: Limited to nephews/nieces only
  • • Available for predecease, incapacity, disinheritance
  • • NOT available for repudiation
  • • Distribution follows per stirpes method
A

Accretion

Mechanism for co-heirs to absorb vacant shares when representation is not available. Reflects presumed testator intent to keep property within designated group.

Requirements:

  • • Plurality of heirs (two or more)
  • • Joint/collective institution (pro indiviso)
  • • No specific individual portions designated
  • • Available even for repudiation cases
  • • Proportional distribution among remaining heirs
I

Intestacy

The ultimate safety net ensuring no portion of an estate remains without an heir. When all testamentary mechanisms fail, law provides distribution based on family proximity.

Intestate Succession Hierarchy:

Primary Heirs
Legitimate children & descendants + surviving spouse
Secondary Heirs
Parents & ascendants + surviving spouse
Other Heirs
Illegitimate children, collateral relatives, State

ISRAI Decision Tree

How to Apply ISRAI in Practice

Follow this decision tree to systematically resolve inheritance issues

START: Vacant Share Identified
↓
Is there a valid will that institutes an heir for this share?
YES
↓
I - INSTITUTION
Check requirements
NO
↓
I - INTESTACY
Apply intestate rules
↓
If Institution fails...
S
Substitution
Check if testator provided substitutes
R
Representation
Check if descendants can represent
A
Accretion
Check if co-heirs exist
I
Intestacy
Apply legal distribution

Practical Examples

Scenario 1: Institution Works

Situation: Juan institutes his son Pedro as heir to his house
Analysis: Pedro is alive, capacitated, and accepts
✓ RESULT: Institution succeeds
Pedro inherits the house. Process stops at "I".

Scenario 2: Substitution Applied

Situation: Juan institutes Pedro, but Pedro predeceases. Juan's will says "if Pedro dies, then Maria"
Analysis: Institution fails, but substitution is available
S - RESULT: Substitution works
Maria inherits as substitute heir.

Scenario 3: Representation

Situation: Juan institutes Pedro, Pedro predeceases leaving children, no substitution provided
Analysis: Institution fails, no substitution, but Pedro's children can represent
R - RESULT: Representation applies
Pedro's children inherit by representation.

Integration with Compulsory Succession

ISRAI operates within the constraint of compulsory succession

The legitime system protects certain family members against complete disinheritance

Estate Division

Compulsory Heirs Categories

Primary Compulsory Heirs
Legitimate children & descendants (1/2 of estate)
Secondary Compulsory Heirs
Parents & ascendants (1/2 if no descendants)
Concurring Compulsory Heirs
Surviving spouse & illegitimate children

Key Constraint:

The Institution step of ISRAI cannot be used to completely disinherit compulsory heirs or reduce their shares below the legally mandated minimum. This ensures family protection remains paramount.