WILLS AND SUCCESSION

SYLLABUS

FIRST WEEK- ART. 774-824

A. General Provisions – Art. 774-782

1. Definition of Succession – Art. 774
Elements of definition
2. Definition of Inheritance – Art. 776
3. Distinguish succession from inheritance

Questions you should be able to answer at the end of the study of

General Provisions?
1. How is succession distinguished from inheritance: Art.774 v.
Art. 776
2. What are transmitted through succession? Art. 774, Art. 776
(Note: Art. 781 compare with Art. 793)
Case: Alvarez
3. How is the transmission effected? Art. 778-780
4. From whom are they transmitted? Art. 775
5. To whom are they transmitted? Art. Art. 782
6. When are they transmitted from decedent to heirs? Art.777

B. Wills in General – Art. 783-787, 796-803, 818, 839

1. What is a will – Art. 783
2. Characteristics of a will:
a. Purely personal act – Art. 784-787, Discuss with Art. 818
b. Free act – Art. 839 (3)(4)(5)(6)
c. Dispositive of property (Exceptions)
d. Revocable – Art. 828, 818
e. Testator has testamentary capacity – Art. 796-803
f. Takes effect upon death –Art. 777
g. Gratuitous – no exchange of values
3. Rules on interpretation of wills – Art. 788-794
Patent and latent ambiguity – how to resolve
4. Validity of wills – Art. 795, discuss with Art. 815-817, 777

SECOND WEEK – ART. 804-834

C. Different kinds of wills:
1. Common requisites – Art.804
Cases: Lopez v. Liboro
Suroza v. Honrado
Abangan v. Abangan
2. Requisites for Attested Will – Art. 805-808
Cases: Payad v. Tolentino
Matias v. Salud
Garcia v. Lacuesta
Barut v. Cabacungan
Nera v. Rimando
Javellana v. Ledesma
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3. Special requisites for handicapped testators – Art. 807-808

Cases: Garcia v. Vasquez
Alvarado v. Gaviola
4. Rule on substantial compliance with attestation clause – Art.
809
Cases: Icasiano v. Icasiano
Cagro v. Cagro
Javellana v. Ledesma
Cruz v. Villasor
Caneda v. CA
5. Requisites for Holographic Will – Art. 810-814
Cases: Compare Gan v. Yap and Rodelas v. Aranza
Labrador v. CA
Compare Azaola v. Singson and Codoy v. Calugay
6. Witnesses to attested wills – Art.820-824
1. Qualifications
2. Disqualifications
7. Codicils and Incorporation by Reference – Art. 825-827
8. Revocation of Will and Testamentary Provisions –Art. 828-834
a. Discuss with Art. 106, 854, 957, 1032
Cases: Maloto v. CA
Gago v. Mamuyac
b. Doctrine of Absolute Revocation v. Doctrine of Dependent
Relative Revocation
c. Elements for Revocation to be inoperative

THIRD WEEK- ART. 835-856 (Art.887, 964-967)

9. Republication and Revival of Wills – Art. 835-837

a. Republication by reproduction –Art. 835
b. Republication by referral- Art. 836
c. Execution of 3 wills with 2nd will expressly revoking first
will- Art. 837
10.Allowance and Disallowance of Wills
a. Probate of will mandatory – Art. 838
b. Matters to be proved during probate
Cases: Nepomuceno v. CA
Gallanosa v. Arcangel
De la Cerna v. Rebecca Potot
c. Probate not necessary – Art. 841, Exceptions
d. Grounds for Disallowance of a Will – Art. 839
11. Institution of Heir
a. Definition – Art. 840
b. Important rules:
(1) Institution does not cover entire estate – Art. 841, 851
(2) Rule on legitimes limit power of testator to dispose of
his estate - Art. 842
(3) How to designate heir - Art. 843-845
(4) How much heirs get from will:
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i. No designation of shares – Art. 846

ii. If instituted some individually and others collectively-
Art. 847
iii. Institution of full blood and half-blood brothers and
sisters – Art. 848, 967
iv. Institution of parent and child – Art. 849
(5) Rule on false cause as basis for institution of heir – Art.
850
Case: Austria v. Reyes
c. Mixed Succession – Art. 851
d. Rule when testator intended that designated heirs shall
inherit the whole estate but portions allotted to them in the
will do not cover entire estate/free portion - Art. 852
Balane’s formula
e. Shares of designated heirs exceed the whole estate/free
Portion – Art. 853, Balane’s Formula
12. Preterition – Art. 854
a. Meaning of preterition
b. How to determine if there is preterition
(1) Case: Reyes v. Barreto-Datu
(2) Art. 855 – completion of legitime, not preterition
i. applies when something is left to an heir (from the
free portion)
ii, reduce the shares of testamentary heirs
c. Compulsory heirs in the direct line- discuss with Art. 887,
964, 965, 966,
Cases: Nuguid v. Nuguid
Acam v. Acam
Acain v. IAC
c. Effects of preterition
(1)on institution of heir
(2) legacies and devises
(3) on the will
13. Rule on right of representation– Art. 856, Art. 923

FOURTH WEEK- SUBSTITUTION OF HEIRS -ART. 857-885

14. Substitution of Heirs – Definition – Art. 857

a. Kinds of substitution – Art, 858, 859, 860, 863
b. Simple substitution
(1) causes/grounds for substitute to inherit in lieu of
heir first instituted – Art. 859
(2) 2 ways of making a simple substitution – Art. 859
(3) Reciprocal substitution – Art. 861
(4) Conditions/charges v. first heir same as those on
substitute – Art. 862
c. Fideicommissary substitution – Art. 863
(1) 4 elements of a fideicommissary substitution-
Art. 863, 866
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Cases: PCIB v. Escolin

Palacios v. Ramirez
(2) Fideicommissary substitution cannot burden legitime –
Art. 864
(3) 2 ways of making a fideicommissary substitution –
Art. 863, 865
(3) Nature of right of second heir to property – Art 866.
Discuss with Art. 868 (nature of institution of first heir)
(4) Prohibitions on fideicommissary institutions – Art. 867,
Art. 869
(5) Prohibition v. alienation of inherited property – Art. 870
15. Testamentary Dispositions with a Condition, Term or
Mode – Art. 871-885
a. General Provisions – Art. 871-872
(1) Institution of heir subject to condition, for a certain
purpose or cause – Art. 871
(2) Legitimes cannot be burdened by any charge,
condition or substitution – Art. 872
b. Condition - Art. 873-877, 879-881, 883 (2), 884
(1) impossible, illegal or contrary to good customs –
deemed not written – Art. 873
(2) condition prohibiting first or subsequent marriage –
deemed not written – Art. 874
(3) condition prohibiting subsequent marriage – when
valid – Art. Art. 874
(4) meaning of 2nd paragraph of Art. 874: right of usufruct,
an allowance or personal prestation
devised/bequeathed for time that heir is unmarried
(5) N.B. imposition of condition to marry a certain person
or from a particular class - valid
(6) prohibition v. exchange of values – Art. 875
(7) rules on suspensive condition – Art. 876- 884
c. Term – Art. 878, 885
d. Mode – Art. 882, 883 (1)

FIFTH WEEK – LEGITIME – ART. 886-890, 892-903

NOTA BENE: UNDER ART. 176 OF THE FAMILY CODE, THERE IS ONLY
ONE TYPE OF ILLEGITMATE CHILDREN. SO ALL REFERENCES IN ART.
887, 895, 897, 898, ARE IMPLIEDLY REPEALED. THE SHARE OF AN
ILLEGITMATE CHILD IS ½ THE SHARE OF A LEGITIMATE CHILD.

16. Legitime
a. Definition - Art. 886
b. Kinds of compulsory heirs- 887 (paragraph 4 and 5, no longer
applicable – all are called illegitimate children)
c. Kinds of relationship among compulsory heirs – primary,
secondary, concurring
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d. Different combinations – Art. 888-890, 891-903

(Refer to Nota Bene above)
Law on legitime restricts right of testator to dispose of his
estate - Art. 904 (Discuss with preterition)
Rule on free portion – Art. 914
Exceptions: Art. 870, 1080, 1083
e. Compromise/renunciation of future legitime between
testator and heir – void, but anything received in
consideration thereof treated as advance of legitime - Art.
905
f. Compulsory heir may demand completion of legitime – Art.
906, relate with Art. 909, 910 and 1062
g. Testamentary dispositions that impair legitime subject to
reduction – Art. 907, relate to Art. 1011
h. Computation of net hereditary estate/legitime – Art. 908, 909,
910
i. Order of reduction to satisfy legitime– Art. 911
j. Rule on reduction of devise – Art. 912-913
k. Order of payment of legacies/devises – Art. 950

SIXTH WEEK – RESERVA TRONCAL – ART. 891

17. ReservaTroncal
a. Definition – Art. 891
b. Purpose
Case: Gonzales v. CFI
c. Requisites
Case: Chua v. CFI
d. Nature of right of reservista over reserva
Cases: Edroso v. Sablan
Sienes v, Esparcia
e. Nature of right of reservatorios over reserva
f. Parties in reservatroncal
(1) Mediate Source – origin of property –ascendant or sibling of
Prepositus
(2) Prepositus – descendant or sibling of mediate source
Central figure in reserve troncal:
i. as absolute owner of property, can prevent reserva
troncal by selling, donating or bequeathing
it as devise or legacy by testamentary succession
ii. point of reference for 3rd degree relationship
(3)Reservista – ascendant who inherits the property by
gratuitous title; reserve troncal begins
(4) Reservatorios – class or group
i. not required to be alive at time of death of Prepositus as long
as they are alive at time of death of Reservista
Cases :Padura v. Baldovina
Florentino v. Florentino
ii. within 3rd degree of Prepositus
f. Reserva Maxima v. Reserva Minima
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h. Rights of reservatorio v. obligations of reservista

Case: Sumaya v. IAC
i. Extinguishment of ReservaTroncal
Case: Cano v. Director
18. Disinheritance – Art. 915-923
a. Requisites for disinheritance to deprive a compulsory heir of his
legitime
(1) effected through a will specifying the causes therefor– Art.
915-916
(2) only causes enumerated in Art. 919, Art. 920 and Art. 921,
as the case may be, are allowed – Art. 916
(3) burden of proving the truth of cause rests on other heirs, if
disinherited heir denies it – Art. 917
(4) If will does not specify the cause, cause is not among those
set forth in Art. 919-921, or the cause, if contradicted, is
not proved – the disinheritance is deemed imperfect and
will annul the institution of the heirs, but legacies, devises
and other testamentary provisions that are not inofficious
are valid.
b. Causes for disinheritance of children and descendants – Testator
is the parent or ascendant: Art. 919
(1) Eight (8) grounds are exclusive
(2) Ground 1: final conviction of attempt on life is required
(3) Ground 2: accusationof crime
3.1. where penalty prescribed is 6 years or more
imprisonment
3.1.1. accusation includesinformation
3.1.2. presenting incriminating evidence
3.1.3. acting as witness v. testator
3.2. accusation is groundless: testator is acquitted
because
3.2.1. there is no crime
3.2.2. did not commit crime
3.3. acquitted on reasonable grounds – testator
cannot disinherit
(4). Ground 3: descendant convicted of adultery or concubinage
with spouse of testator
(5) Ground 4: descendant causes testator to make or change a
will by FVIU
(6) Ground 5: unjustifiable refusal to support testator
Balane: there is just refusal if descendant’s means are just
enough for the members of his family that are preferred in
the order of preference for support
(7) Ground 6: maltreatment of testator, by word or deed
7.1. conviction is not required, case need not be filed
7.2. may be proved by mere preponderance of evidence,
so if case in number 1 does not result in conviction, then
the act could fall under this cause
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7.3. Case: DyYiengSeangio v. Hon. Amor Reyes, G.R. No.

140371-72, November 27, 2006
(8) Ground 7: Leads as dishonorable or disgraceful life
8.1. catch-all provision
8.2. denoteshabituality
(9) Ground 8: conviction of crime with penalty of civil
interdiction
9.1. civil interdiction is the accessory penalty to
reclusion perpetua and reclusion temporal
9.2. the duration is for life or for the period of the
sentence imposed
c. Causes for disinheritance of ascendants – testator is the
descendant- Art. 920
(1) there are 8 grounds – also exclusive
(2) Ground 1: abandonment by ascendant of children
inducing daughter to lead a corrupt life
attempt against their virtues
conviction not required
(3)Grounds Nos. 2, 3,4, 5, and 7, in Art. 920, are the same
grounds stated in Nos. 1, 2, 3 4, and 5 in Art. 919.
(4) Ground 6: Ascendant commits any of the causes for loss of
parental authority (Art. 231, Family Code)
(5) Ground 8: attempt by a parent against the other, unless
they reconcile
d. Causes for disinheritance of spouse – testator is spouse – Art. 921
(1) Similar grounds in Articles 919 and 920 – Ground Nos. 1,
2, 3., and 6.
(2) Similar grounds in Articles 920 – Ground No. 5
(3) New ground: No. 4: spouse has given cause for legal
separation
3.1. If there is a final decree of legal separation – no need
to disinherit. Testamentary dispositions in favor of
offending spouse revoked by operation of law. Offending
spouse disqualified to inherit by intestacy.
3.2. If innocent spouse executes another will after decree
and reinstates offending spouse, construed as
condonation and spouse will inherit.
e. Effect of reconciliation between offended party and offender :
(1) if no will – deprives offended party of cause to inherit
(2) if already disinherited – sets aside disinheritance
f. There is right of representation in disinheritance – Art. 923
relate to Art. 856
Children and descendants represent disinherited heir with
respect to the latter’s legitime; but if descendants are
minors or legally incapacitated to act, disinherited heir
cannot be usufructury or administrator of inherited
property.
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SEVENTH WEEK: LEGACIES AND DEVISES- ART. 924-958

19. a. What can be bequeathed or devised – Art. 924

Anything that is alienable.
b. Testator may impose charges or obligations on testamentary
heir, devisee or legatee – Art 925
(1) Balane calls the charges or obligations sub-devise or sub-
Legacy
(2) if imposed on devisee or legatee – D/L liable only to extent
of legacy or devise
(3) if imposed on compulsory heir – H liable only up to value of
free portion given to him/her
c. Heir charged with legacy or devise is bound; if testator does not
charge any specific heir, all liable in same proportion they inherit
- Art. 926
d.Two or more heirs who take possession of estate solidarily liable for
loss or destruction of devise or legacy even if only one is negligent
– Art. 927
e. Heir charged with sub-devise or sub-legacy is liable for eviction it
thing is indeterminate and indicated only by its kind – Art. 928
f. If legacy/devise is only partly owned by testator – D/L will get that
part – Art. 929
Exception: testator expressly declares he is giving the whole
thing. Estate buys the rest of property and if owner does not like
to sell, estate gives D/L, testator’s share plus cash value of rest
g. Legacy or devise belonging to another when the testator thought he
owned it – VOID – Art. 930
Exception: disposition takes effect if testator acquires it after
making his will
h. If thing given as legacy or devise is not owned by testator at the
time of making the will but he orders his estate to acquire it, D/L is
valid. If owner does not sell or demands exorbitant price, D/L gets
just value of thing – Art. 931
i. L/D of thing already belonging to L/D is ineffective, but if legacy
consists of freeing the thing from encumbrance, the legacy is valid
to that extent – Art. 932
j. L/D belonged to L/D at the time of execution of will, L/D is
ineffective even if L/D subsequently alienates it – Art. 933
Exception: if L/D acquires it onerously after the making of will-
entitled to reimbursement from heir or estate for price
k. L/D of something pledged or mortgage to secure a debt, estate shall
pay the debt to free thing from encumbrance – Art. 934
Exception: if testator provides otherwise
Any other burden (e.g. easement, usufruct) attached to property
l. legacy of credit or remission of debt – Art. 935-937
(1) legacy of credit – testator bequeaths a credit v. a third person;
apples only to amounts outstanding at time of testator’s
death; estate to comply with legacy by assigning all rights of
action v. debtor – Art. 935
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(2) legacy of remission of debt – applies only to amounts existing
at time of testator’s debt; estate to comply by giving L an
acquittance –Art. 935
(3) legacy of pledge – limited to discharge of pledge – Art. 936
(4) legacy shall lapse if testator subsequently files a collection
case v. debtor- Art. 936
(5) generic legacy of release or remission of debt comprises only
those existing at time of execution of will – Art. 937
m. legacy or devise made to creditor not applied to his credit or
payment of testator’s debt – Art. 938
n. Art. 939 relate to Art. 925
o. Art. 940 rule on alternative legacies; relate to Art. 942 and 943
p. Art. 941 - Legacy of generic personal property valid even if nothing
of the same kind exists in the estate; estate shall buy it; executor to
choose thing of medium quality - neither inferior not superior
quality
q. Art. 941 – devise of indeterminate real property valid only if there
be immovable of its kind in the estate
r. Art. 944 – duration and amount of different legacies
(1) education – until L is of legal age, or until L finishes prof, voc
or gen. course, with diligent study
(2) support – during lifetime of L, unless testator provides
otherwise
(3) rules as to amount:
i. amount prescribed by testator
ii. what testator used to give during his lifetime
iii. in accordance with his needs (social standing and
circumstances)
s. legacy of pension – shall be demandable from death of testator and
payable at the beginning of each period and shall not be returned
although legatee died before the end of the period – Art. 945
t. Art 946 same as Art. 934, par. 3 – usufruct attaches to L/D until
extinguished
u. Rules on demandability, fruits and ownership of D/L – Art. 947-949
(1) demandability
(4) pure – upon testator’s death –Art. 947, 945
(5) with a term – upon arrival of term
(6) conditional – upon happening of suspensive condition
(2) fruits
i. pure and specific – upon testator’s death – Art. 948
ii. pure and generic – upon determination of what is to be
delivered to D/L unless the testator provides otherwise
– Art. 949
iii. with a term – upon arrival of the term
iv. conditional – upon happening of suspensive condition
(3) ownership
1. pure and specific – upon the death of the testator – Art. 777
2. pure and generic:
i. if the thing comes from testator’s estate – upon
testator’s death
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ii. if the thing is to be acquired from a third person –

upon acquisition
3. with a term – upon the testator’s death (effect retroacts)
4. conditional – upon testator’s death (effect retroacts)

v. order if preference of payment of legacies – Art. 950

Art. 950 to be followed for any other reason other than impairment
of legitimes; otherwise follow Art. 911: “If you reduce legacies,
reduce all except those preferred according to testator.”
w. thing bequeathed includes all accessions and accessories – Art. 951
x. L/D must be delivered if able to do so and obligation cannot be
discharged by giving its value – Art. 952
y. L of money to be paid in cash even if estate does not have any
z. Expenses for delivery of D/L is for account of estate or heir but shall
not reduce legitimes – Art. 952
aa. L/D cannot take possession of L/D but shall request it from heir or
executor – Art. 953
bb. Rule when there is only one legacy or devise – L/D cannot accept
part and repudiate other part – Art. 954
cc. If L/D dies before D/L is delivered and leaves several heirs, some
may accept and some repudiate share respectively belonging to
them and rule on accretion, acceptance and renunciation apply as
the case may be – Art. 954
dd. Rule when there are two D/L , one of which is onerous and other
gratuitous– D/L cannot accept one and repudiate the other; either
accept both or repudiate both – Art. 955
Exception: both are onerous or both gratuitous – D/L may accept
and renounce both or accept one and renounce the other
Exception to the exception: if testator intended that the D/L are
inseparable, D/L either accept both or renounce both
ee. Compulsory heir who is also D/L: may accept inheritance and
renounce D/L or waive inheritance and accept D/L – Art. 955
ff. D/L cannot or unwilling to accept D/L or D/L becomes ineffective,
property goes to mass of estate- Art. 956
Exception: in cases of substitution and right of accretion – Art. 956
gg. Grounds for revocation of legacy or devise (by operation of law) –
Art. 957
a. transformation of thing
b. testator alienated the thing, intention to revoke manifest
b.1. exception - if testator reacquires the thing by virtue of right
of repurchase, D/L valid –
b.2. alienation annulled because of vitiated consent – D/L valid
c. D/L totally lost
hh. Mistake in designation (name) of thing bequeathed or devised does
not invalidate the D/L if it is possible to identify it – Art. 958
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EIGHTH WEEK – LEGAL OR INTESTATE SUCCESSION- ART. 960-
1014

1. Who are intestate heirs – 8 classes in order

2. Table of Intestate Shares - Art. 978-1014 (Total intestacy:
different combinations)
3. How proximity is determined - Art. 963
Degree defined
Line defined – Art. 964
- direct or
- collateral
4. Kinds of direct line – Art. 965
- ascending
- descending
5. Direct line – ascent made to a common ancestor –
6. Collateral – ascent to common ancestor and then descent to
person with whom computation is made
7. Full and half-blooded relationship defined – Art. 967
8. Rules in intestacy:
a. Nearer excludes the more remote.
b. Descending line is preferred over the collateral.
c. Descending line is preferred over the ascending.
9. There is no limit to the consideration of heirs in the direct line; in
the collateral line, the limit is 5 degrees
10. If several relatives are of same degree, one or some are
incapacitated to accept the inheritance, his portion shall accrue to
others of same degree, unless the incapacitated has the right to be
represented in the inheritance. _ Art. 968
11. If share is repudiated - share of renouncer goes to heirs of the
same degree by accretion. Renouncer cannot be represented.-
Art. 969
12. In renunciation, those of the following degree shall inherit in their
own right. – Art. 969
13. Representation defined – Art. 970
14. When does right of representation operate?
a. Predecease – Art. 982, 975
b. Disinheritance – Art. 923
c. Incapacity or unworthiness to succeed – Art. 1073
15.When does representation not operative – Art. 968-969,
Art. 977
16.In what kinds of succession does it operate?
a. Compulsory
b. Intestate
N.B. does not apply to testamentary succession
17. The representative succeeds to the estate of the one whom
the person represented would have succeeded. – Art. 971
18. Right of representation:
a. takes place in the direct descending, never in the ascending
line
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b.takes place in the collateral line only in favor of

children of brothers or sisters, whether full or half-blood
c. representative must himself be capable of succeeding – Art.
973
d. Succession by representation is by stirpes – representative
shall not inherit more than what the person they represent
would inherit- Art. 974
Compare with Art. 1005 – per capita (equally) v. per stirpes (by
representation
e. Nephews and nieces of deceased inherit by representation is
they survive with uncles or aunts. If alone, inherit in equal
parts . – Art. 975
f. A person whose inheritance an heir has renounced may
represent the latter. – Art. 976
g. Heirs who repudiate may not be represented. – Art. 977
19. Iron curtain rule prohibits an illegitimate child from inheriting
from the legitimate relatives of his parents; such relatives may not
inherit from illegitimate child – Art. 992
20. In default of persons entitled to succeed intestate from the
deceased, the State shall inherit the whole estate. The Rules of
Court shall govern how the State shall take possession of the
Estate.
a. personal property to municipality/city where decedent last
resided and real estate property to mun/city where located
b. if decedent not a resident, estate shall be assigned to city/mun
where property is located
c. estate for the benefit of public schools, and public charitable
institutions in area
d. court apportion estate according to needs of beneficiaries
e. at instance of interested party or motopropio, court may order
permanent trust so only income from property shall be used
f. any person legally entitled to estate may claim by court action
within 5 years from date property was delivered to State
21. Bocayo v. Borromeo – nephews and nieces exclude uncles and
aunts (Art. 1009 by inference)
22. Other collaterals – entire estate in equal shares
Rules:
a. No distinction between full and half-blood
b. No representation
c. Nearer excludes the more remote
d. Up to 5th degree only (Art. 1009-1010)
e. In case of illegitimate decedent, collaterals up to nephews and
nieces only

NINTH WEEK – PROVISIONS COMMON TO TESTATE AND

INTESTATE SUCCESSIONS -- Art. 1015-1105

1. Right of Accretion
a. Definition – Art. 1015
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b. When accretion takes place

1) predecease
2) renunciation
3) incapacity
PROVIDED, only some, not all of the instituted heirs give
ground
2. Elements of accretion – Art. 1016
a. 2 or more persons called to the same inheritance (they are all
related to the decedent in the same degree) or same portion
thereof
b. proindiviso
c. one of the persons thus called, predecease, renounce or is
incapacitated to succeed
d. N.B. accretion takes place in intestacy only if there is no right of
representation in the case of predecease, incapacity or
unworthiness of person called to the inheritance. In
renunciation, there is always accretion.
3. How does accretion operate? - Art. 1019
In the same proportion that they inherit
4. Heirs to whom share accrues inherit all the rights and obligations
attached to share.
Exceptions: (1) unless the testator provides otherwise for
testamentary succession
(2) the obligation is purely personal
5. When will accretion take place in intestacy?
(1) Predecease – only if there is no right of representation
(2) Renunciation – always; co-heirs inherit in their own right
(3) Incapacity or unworthiness – only If there is no right of rep.
6. Among compulsory heirs, accretion takes place only when there is
a free portion left to 2 or more of them or to anyone of them and
a stranger – Art. 1021
IF the part repudiated is the legitime, the other co-heirs inherit it
in their own right.
7. Accretion in testamentary succession - inferior to substitution. If
the instituted heir (PRI) and there is no substitute designated, the
vacant portion of the instituted heir go to the legal heirs of the
testator. – Art. 1022. This means that if there is neither
substitution nor accretion, the vacant part shall go by way of
intestacy.
8. Capacity to succeed by will or intestacy
1. Persons not incapacitated by law may succeed by will or
intestacy. – Art. 1024.
2. Who are incapacitated to succeed?
a. Persons who are not alive at the time of death of testator
or decedent. – Art. 1025
Exceptions:
a.1. unless the compulsory heir who dies has descendants
who have the right to represent him
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a.2. Child already conceived at the time of death of

testator/decedent who under the law is given presumed
civil personality under Art. 41 of CC.
a.3. Corporations or entities may succeed under a will,
provided they already exist at time of testator’s death and
their charter does not prohibit them from inheriting – Art.
1026
b. Persons who are validly disinherited in a valid will.
c. Persons who are incapacitated to inherit under Art. 1027.
d. Persons who are incapacitated to inherit under Art. 1032.
e. Persons who are disqualified to be instituted as heirs under
Art. 1028 in relation to Art. 739, CC
3. Testamentary disposition for prayers and pious works for the
benefit of his soul – property designated will go to his Church
(1/2) and the State (1/2). Church and State shall use the
inheritance for purposes under Art. 1013.
4. Testamentary dispositions in favor of the poor in general, w/o
designation of particular persons or community – Art. 1030
a. limited to poor living at the domicile of testator upon his
death.
b. Who is to designate (in order of preference)
b.1. person designated by the testator for that purpose
b.2. executor (if not named in will, judge will appoint one)
b.3. MTC judge, mayor, municipal treasurer
5. Incapacity to succeed by reason of unworthiness (Art. 1032)
a. Eight grounds
b. Grounds 1, 2, 3, 5 and 6 are the same as inheritance. Effect
of Art. 919 and Art. 1032 is the same. Under common
grounds, there is no need to disinherit because the heir is
incapacitated to inherit under Art. 1032.
c. If testator had knowledge of the causes of unworthiness at
the time he made the will, and instituted the heir in it, he is
presumed to have pardoned the heir, or if testator comes
to know them subsequently, he should condone the causes
in writing (written pardon). – Art. 1033
d. In Art. 919, disinheritance is lifted by reconciliation.
e. What to follow if reason for disinheritance is a common
ground – follow rules of disinheritance (Balane)
f. When to judge capacity of heir - Art. 1034
(1) No. 1, 6. 7, and 8 – at time of death
(2) Nos. 2, 3, and 5 – requires final judgment of
conviction
(3) No. 4 – expiration of month allowed for report, if
required to file one
(4) Conditional institution, legacy or devise – at time of
compliance with condition and time of death of
decedent.
g. Grounds 6, 7, and 8 cover 6 cases relating to a will
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h. If Incapacitated heir is descendant of decedent who has

descendants at the time of death of decedent, the latter shall
acquire his legitime but the incapacitated heir shall not have
administration nor usufruct over property inherited by his
descendants. – Art. 1035
i. Art. 1035 assumes that net free portion has been disposed of
completely, if not, intestate share of incapacitated heir will
also go to his descendants.
j. Acts of alteration and administration done by incapacitated
heir prior to judicial order of exclusion are valid as to 3rd
persons who acted in good faith but co-heirs may recover
damages from the excluded heir. – Art. 1036
k. Unworthy heir entitled to be reimbursed for necessary
expenses incurred by him from estate – Art. 1037
l. Unworthy heir must return property, fruits and rents from
property that he received while in possession of property. –
Art. 1038
m. Capacity to succeed from decedent governed by national law
of decedent – Art. 1039
n. Right of heir to recover inheritance from disqualified heir
who took possession thereof must be exercised within 5 years
from possession. – Art. 1040