The Foundation of Succession
Succession is the legal mode by which the assets and liabilities of a person are transferred upon their death.
The Core Elements (Art. 774)
For succession to occur, a specific sequence of elements must be present. The death of the decedent is the event that triggers the entire legal process.
The Three Paths of Succession
1. Testamentary Succession
This occurs when a person leaves a valid will, directing how their estate should be distributed. While it prioritizes the testator's wishes, it is not absolute.
Notarial vs. Holographic Wills
A testator can choose between two types of wills, each with strict, distinct formal requirements.
2. Compulsory Succession
This is a mandatory system that limits testamentary freedom. The law reserves a portion of the estate, the legitime, for certain relatives called compulsory heirs.
The Legitime
A testator cannot dispose of the legitime portion of their estate as it is reserved by law for compulsory heirs.
3. Intestate Succession
This applies when a person dies without a will, with a void will, or when the will does not cover the entire estate. The law provides a default distribution plan based on relationship proximity.
Primary Causes of Intestacy
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Deep Dive: Protecting the Family
Hierarchy of Compulsory Heirs (Art. 887)
The law establishes a clear pecking order for who is entitled to the legitime. The presence of a primary heir excludes secondary heirs.
PRIMARY
Legitimate Children & Descendants
SECONDARY
Legitimate Parents & Ascendants (in default of Primary)
CONCURRING
Surviving Spouse & Illegitimate Children
Preterition vs. Defective Disinheritance
Forgetting an heir is very different from deliberately, but incorrectly, trying to remove them. The consequences for the will are severe and distinct.
Preterition (Art. 854) - The "Oversight"
Total omission of a compulsory heir in the direct line.
Effect: Annuls the institution of heirs. The will's validity is severely compromised.
Defective Disinheritance (Art. 918) - The "Failed Attempt"
An express disinheritance made for a cause not specified by law.
Effect: Does not annul the institution. The heir is simply restored to their legitime.
Common Rules Across All Paths
Right of Representation & The "Iron Curtain"
Representation allows a descendant to inherit in place of their parent. For decades, the "Iron Curtain" (Art. 992) barred illegitimate children from this. The landmark Aquino v. Aquino case changed this.
BEFORE Aquino Ruling
Illegitimate Child (IC)
Legitimate Grandparent (LG)
IC could NOT represent their parent to inherit from LG.
AFTER Aquino Ruling (2021)
Illegitimate Child (IC)
Legitimate Grandparent (LG)
IC can now represent their parent to inherit from LG. The curtain is pierced for representation.
Acceptance of Inheritance
Heirs can formally or informally accept their inheritance, which retroacts to the moment of death.
- ✔ Express: Made in a public or private document.
- ✔ Tacit: Inferred from acts of ownership, like selling inherited property.
Repudiation of Inheritance
Rejecting an inheritance must be a formal, explicit act. This decision has a critical consequence.
- ❌ Formal Act Only: Must be in a public instrument or a petition to the court.
- ❌ No Representation: An heir who repudiates cannot be represented by their own children. Their link in the succession is severed.