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Effect When Heir Predeceased Or Is Incapacitated Or Disqualified> In order for an heir to inherit, he must be alive, capable and willing to inherit at

the time of the opening of the succession of the decedent or testator. The death of an heir

extinguishes his legal personality. Lacking such, the heir who predeceased can no longer

inherit. However, the right to inherit may be passed to certain individuals depending on the

circumstances.

1. Forced Succession

The right of representation will apply. In absence of any representatives, the share

left vacant will go to the co-heirs in their own right. In default of co-heirs, intestacy will

apply.

2. Testamentary Succession

General Rule: An heir who dies before the testator shall transmit no right to his

own heirs. This rule is absolute with respect to a voluntary heir but not with respect to

compulsory heir.

A voluntary heir is an heir who called to the whole or to an aliquot part of the free

portion of the inheritance by virtue of will. There is no right of representation in case of

predecease and incapacity.

On the other hand, in case of compulsory heir, what is transmitted to the

representatives of the compulsory heir is his right to the legitime and not to the free portion

in case he has been instituted by the testator to the whole or to an aliquot part of such free

portion since the right of representation pertains only to the legitime and not to the free

portion.

If the share is made vacant due to the predecease or incapacity of the instituted heir,

the share passes to any substitute if named. If there is no substitute, the share goes to the

co-heirs by accretion.

3. Legal Succession

The right of representation will apply. Legitimate or illegitimate descendants mayrepresent in the direct line. In the collateral line only nephews and nieces of the decedent

may represent their parents (brothers and sisters of the deceased).

The rule under Art. 968 where the share(s) which are rendered vacant shall pass to

the co-heirs of the incapacitated heir by right of accretion are not absolute. If the

incapacitated heir happens to be a child or descendant of the share which is rendered

vacant by reason of incapacity shall pass to such children or descendents by right of

representation. The inheritance shall be distributed among them per stirpes and not per

capita. Therefore, the right of representation is superior to the right of accretion.

Effect When Heir Repudiates> Repudiation occurs when the heir renounces his inheritance. Both compulsory

and testamentary heirs may do so.

1. Forced Succession

The heir who repudiated cannot be represented. The vacant share passes to co-heirs

through accretion.

2. Testamentary Succession

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The heir who repudiated cannot be represented. The vacant share passes to the

substitute, if any. If there is no substitute, then the share passes by accretion to the co-heir.

3. Legal Succession

The heir who repudiated cannot be represented. The vacant share passes to co-heirs

through accretion. This rule is absolute because as a rule an heir who repudiates his

inheritance may not be represented. Therefore, the inheritance shall be distributed among

them per capita.

Effect When Heir Is Disinherited>The most important effect of disinheritance is the deprivation of the compulsory

heir who is disinherited of any participation in the inheritance.

1. Forced Succession

The right of representation will apply. However it is only applicable in the direct

descending line but never in ascending line.

In absence of any representatives, the share left vacant will go to the co-heirs in

their own right. In default of co-heirs, intestacy will apply.

2. Testamentary Succession

The right of representation will not apply when an heir is validly disinherited for the

reason that, the right of representation pertains only to the legitime and not to the free

portion.

3. Legal Succession

The right of representation will not apply.