INTESTACYException to rule on proximity

1. Representation2. Relatives in descending line are preferred

over relatives in ascending line3. Relatives in direct lien are preferred over

relatives in collateral line

Exception to rule on equal of division1. Decedent’s brothers and sisters of the full blood

are entitled to twice the shares of the brothers and sisters of the half blood.

2. In the ascending line, the inheritance is divided equally between the paternal and maternal live, within each line, the inheritance is divided per capita

3. Whenever heirs inherit by right of representation, the representatives get only that portion which the person represented would otherwise inherit if he were living and could inherit.

Order of Succession(p. 770-771)

If the testator was a legitimate child

Priority Intestate heirsFirst Legitimate children and other legitimate

descendantsSecond In default of the foregoing, legitimate

parents and other legitimate ascendantsThird Illegitimate children and their descendants,

whether legitimate or illegitimateFourth Surviving spouseFifth Legitimate brothers, sisters, nephews and

niecesSixth Other legitimate collateral relatives up to

the 5th civil degreeSeventh State

If the testator was an illegitimate child

Priority Intestate HeirsFirst Legitimate children and other legitimate

descendantsSecond Illegitimate children and their descendants,

whether legitimate or illegitimateThird In default of the 1st & 2nd, the illegitimate

parentsFourth Surviving spouseFifth Illegitimate brothers, sisters, nephews and

niecesSixth The state

Difference between the succession to a legitimate and an illegitimate descendant

Legitimate descendant Illegitimate descendantLegitimate parents & other legitimate ascendants are excluded only be legitimate children and their legitimate descendants, as well as by an adopted child

Illegitimate parents are excluded by any descendant whether legitimate, adopted or illegitimate

Legitimate parents and other legitimate ascendants enjoy a preference over illegitimate children and their descendants

Illegitimate children and their descendants enjoy a preference over the illegitimate parents

Succession in the ascending line includes legitimate parents and other legitimate ascendants

Succession in the ascending line is limited to the illegitimate parents only. Other illegitimate ascendants are excluded

Legitimate brothers, sisters, nephews and nieces enjoy a preference over all other legitimate collateral relatives within the 5th degree, for which reason they exclude legitimate uncles and aunts

In the collateral line, succession is limited to the illegitimate brother, sisters nephews and nieces. No other collateral relative is called to the succession.

TEST OF SUFFICIENCY OF THE ESTATE (p.776)In intestate succession and whenever there are no illegitimate children succeeding the decedent, the distribution of the estate among the intestate heirs is a relatively simple process; just follow the proportion fixed by law. In the following combination of intestate heirs, there will never be a case where the distribution of the estate would require the reduction of the legitime:

Combination of intestate heirs

Intestate shares

1 legitimate (or adopted child)

Entire estate

2 or more legitimate (and/or adopted) children

Entire estate divided equally

1 legitimate (or adopted) child and spouse

½; ½

2 or more legitimate (and/or adopted) children

& spouse

Entire estate divided equally

Legitimate parents Entire estate divided equally

Legitimate paternal and maternal ascendants

Entire estate divided per stirpes

Illegitimate parents Entire estate divided equally

Spouse Entire estateSpouse with brothers and

sisters½; ½, subject to A1006

Brothers, sisters, nephews, and nieces

Entire estate divided equally subject to the right

of representation and A1006

Collateral relatives within the fifth degree

Entire estate divided equally

The State Entire estateSUFFICIENCY TEST (p 777-778)

If Strict Legitime > Free Portion = Estate is enough to pay the full intestate share of all the heirs

If Strict Legitime < Free Portion = Estate is insufficient to pay the full intestate shares of the

heirs

CONCURRENCE OF INTESTATE HEIRS (p.810)Concurring heirs Share

Legitimate and illegitimate children

Each illegitimate children is entitled to half of the share of the legitimate child

Legitimate and illegitimate children, and the surviving

spouse

Each illegitimate children is entitled to half the share of a legitimate child. The SS gets the same share as the LC. In any case, the legitime of the LC and the SS cannot be reduced

Illegitimate parents and the surviving spouse

In the absence of legitimate or illegitimate children, the illegitimate parents inherit from the decedent. When illegitimate parents concur with the SS, the former are entitled to half the estate and the latter to the other half. If both illegitimate parents survive, they are entitled

to equal shares.Illegitimate brothers and sisters and the surviving

spouse

In the absence of legitimate or illegitimate children and illegitimate parents, the illegitimate brothers and sisters inherit from the decedent. When such brothers and sisters concur with the SS, the former are entitled to half the estate and latter to the other half.

SS812

Intestate heir Intestate shareLEGITIMATE and/or

ADOPTED CHILDREN and their LEGITIMATE

DESCENDANTS(Excluding the

descendants of the adopted children)

The entire estate shall be divided equally among the legitimate and or adopted children. The legitimate descendants of a legitimate child may exercise the right of representation in cases of predeceased and incapacity. The illegitimate descendants of a legitimate child are barred by A992 from exercising the right of representation. An

adopted child may not be represented by his or her descendants.

Concurring with illegitimate children and

their descendants

An illegitimate child gets half the estate of a legitimate and/or adopted child. The intestate share of an illegitimate child may be reduced if the division prescribed above would result in the impairment of the legitime of the legitimate and/or adopted children. A predeceased, incapacitated or disinherited illegitimate child may be represented by his or her descendants, whether legitimate or illegitimate

Concurring with the surviving spouse

The estate shall be divided equally among

themConcurring with the

surviving spouse and the illegitimate children

The ss gets the same share as a legitimate and/or adopted child. Each of the illegitimate children shall get half the share of legitimate and/or adopted child; provided

that the intestate share of the illegitimate children shall be paid only after the intestate share of the SS has been paid; and provided further that the intestate share of the illegitimate children may be reduced, if after payment of the intestate share of the ss, the estate is insufficient to pay in full the share of the illegitimate children.

LEGITIMATE PARENTS or LEGITIMATE ASCENDANTS

The estate shall be divided equally between the surviving parents, provided that if there is only 1 surviving parent, the entire estate shall be given to the survivor. If there is no surviving parent, the estate shall be adjudicated to the ascendants nearest in degree, dividing the estate equally between the paternal and maternal lines; provided that in each line the intestate share shall be divided per

capita, if there are no surviving ascendants in on line, the entire estate shall be adjudicated to the line with surviving ascendants, illegitimate ascendants (I,e illegitimate grandparents and beyond) do not have successional rights. There is no right of representation in the ascending line.

Concurring with illegitimate children and

their descendants

Half the estate shall be given to the legitimate parents who shall divide the same equally between them, or otherwise consolidated in the surviving parent. In the absence of surviving parents, the legitimate ascendants will half the estate diving the same per stirpes, but within each line the inheritance shall be divided between the surviving ascendants per capita. The other half of the estate shall be divided equally among the

illegitimate children, subject to the right of representation of the grandchildren regardless of legitimacy.

Concurring with the surviving spouse

The SS shall be given half the estate. The other half shall be given to the surviving parents (per capita) or legitimate ascendants (per stirpes)

Concurring with the surviving spouse and

illegitimate children and descendants

Legitimate parents or in their default, the legitmate ascendants shall take half of the estate. The SS takes ¼ of the estate. Collectively, the illegitimate children take ¼ of the estate and shall divide the same equally among them

ILLEGITIMATE CHILDREN and their

DESCENDANTS

The entire estate shall be given to the illegitimate children who shall divide the same equally among them, subject to the right of representation of the grandchildren regardless of legitimacy.

Concurring with the surviving spouse

The SS shall take half of the estate, the other half

shall be given to the illegitimate children who shall divide the same equally among them, subject to the right of representation of the grandchildren regardless of legitimacy.

ILLEGITIMATE PARENTS

The illegitimate parents shall take the entire estate which shall be divided equally between them. Should there be only 1 surviving illegitimate parent, the entire estate shall be adjudicated to the survivor, illegitimate ascendants do not have successional rights.

Concurring with the surviving spouse

The illegitimate parents shall take half of the estate, dividing the inheritance equally between them. If there is only 1 surviving illegitimate parent, he or she takes the entire half of the estate. The other half shall be given to the SS.

SURVIVING SPOUSE The SS is entitled to the

entire estate. The rule in A900(i.e ½, 1/3; ½) is not applicable to the intestate share of the SS; it relates solely to his or her legitime

Concurring with brothers, sisters, nephews and

nieces

The SS shall take hald of the estate. The other half shall pertain to the brothers and sister, subject to the tight of representation of nephews and nieces. In the appropriate case, the nephews and nieces may inherit in their own right. The successional rights of brothers, sisters, nephews and nieces are subject to the provisions of A992 and 1006.

BROTHERS, SISTERS, NEPHEWS and NIECES

Brothers and sisters, concurring with the children of predeceased or incapacitated brother or sister will take the entire estate; provided that the children of a predeceased or incapacitated brother or sister inherit by right of representation; provided

further that their successional rights are subject to the provisions of A992 and 1006

OTHER COLLATERAL RELATIVES

Other collateral relatives shall take the entire subject to the strict application of the rule of proximity and A992

THE STATE Whenever the State inherits, it takes the entire estate.

TESTACY

TABLE OF LEGITIME (p.581)Survivors Ref LC SS IC LP IP

LC only A882 ½ ÷ LC

1LC & SS A892 ½ ¼2 or more LC, IC &

SS

A892, 895,897

,898

½ ÷ LC

1 LC ½ LC

SS & IC A894 1/3 1/3LP, SS &

ICA896, 899

1/8 ¼ ½

LP only A889 ½IC only A901 ½SS only A900 ½;1/

3; ½LP & SS A893 ¼ ½

IP only A903 ½IP & SS A903 ¼ ¼

COLLATION FORMULA (p.591)Value of the properties at time of death of decedentLess a) unpaid debts that are not extinguished

by his deathb) estate tax

Net Hereditary Estate (will be distributed to the heirs)Plus: Collationable donationsTheoretical Hereditary Estate (Basis for calculating legitime of compulsory heirs)

DISINHERITANCE(essential features)

1. Disinheritance can only occur in testamentary succession.

2. Only compulsory heirs may be disinherited. Voluntary heirs cannot be disinherited, they are not entitled to the legitime

3. Any testamentary disposition in favor of a voluntary heir may be revoked by the testator at any time prior to his death with or without cause (provided the testator still possesses testamentary capacity, and such revocation cannot be construed as a form of disinheritance)

4. A valid disinheritance carries with it the automatic revocation of any and all testamentary disposition made by the testator in prior wills in favor of the disinherited heir. Such revocation need not be

made expressly in the will that disinherits such compulsory heir. Note that disinheritance is the total exclusion of an heir from the inheritance of the testator

5. A valid disinheritance bars the disinherited hair from the testator both by testacy and intestacy. The disinheritance of a compulsory heir is an express directive of the testator to exclude such compulsory heir from the inheritance. The rules of intestacy are premised on the assumption that had the decedent written a valid will, he would have distributed his estate among his relatives in the order of preference established by the law on intestacy. The rules of intestacy therefore are based on the presumed will of the testator. Accordingly, if a person in his will expressly directed the exclusion of the disinherited compulsory heir, there is no basis to grant successional rights to the disinherited heir based on the presumed will of the same person.

p.868PRINCIPLES ON REPRESENTATION

(p. 876)

COMPARATIVE CHARTEffects of Repudiation, Disinheritance and

Preterition (p.898)

Basis of computatio

Repudiation

Disinheritance

Preterition

nExtent of exclusion of the heir

Generally total, except as provided in A 954,955, and 1055

Total. The law does not provide for partial disinheritance

Total. Where the omission of the compulsory heir is partial, the remedy is completion of legitime under A 906

Right of representation

Not available

Available in the descending line but only with respect to the legitime of the disinherited heir, and subject to A992

None. The preterited heir is entitled to full recovery. But if the preterited heir predeceased the testator, the descendants of the former may invoke A 906

Recovery None. Available Available.

Repudiation is final unless the repudiator is able to prove vice of consent

through the right of representation given to the descendants of the disinherited heir, but is limited to the legitime and is subject to A992

The preterited heir is entitled, at the very least, to recover the legitime

Application Testate and intestate succession

Testamentary succession only.

Testamentary succession only