Legal or Intestate Succession

  1. General Provisions
    1. When does Intestate Succession takes place? (Art 960)
      1. If the person dies without a will, or with a void will, or one which has subsequently lost its validity;
      2. When the will does not institute a heir to, or dispose of all the property belonging to the testator.
        1. Legal Succession shall take place only with respect to the property of which the testator has not disposed.
      3. If the suspensive condition attached to the institution of heir does not happened or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;
      4. When the heir instituted is incapable of succeeding, except in cases provided by the NCC;
    2. What is the applicable law in Intestate succession? (Art 961)
      1. in default of testamentary heirs, the law vests the inheritance, in accordance with the rules herein set forth (NCC), in the legitimate and illegitimate relatives of the deceased, in the surviving spouse and in the State.
    3. Who are entitled to the Inheritance? (Art 962)
      1. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.
      2. Relatives in the same degree shall inherit in equal shares, subject to the provisions of Art. 1006 with respect to relatives of full and half blood, and of Art 987, par. 2 concerning division between the paternal and maternal lines.
  2. Relationship, Generation, Degree, Line (Art 963-966)Direct.png
    1. Proximity of relationship is determined by the number of generations.
    2. Each Generation forms a Degree.
    3. A series of Degrees forms a Line.
    4.  in the Line, as many degrees are counted as there are generations or persons, excluding the progenitor.
      1. Kinds of Line
        1. Direct line is that constituted by the series of degrees among ascendants and descendants. (see figure above)
          1. Direct Line is either descending or ascending.
          2. in direct line, Ascent is made to the common ancestor. thus, the child is one degree removed from the parent, two from the grandparent, and three form the great grandparent.
        2. Collateral line is that constituted by series of degrees among persons who are not ascendants and descendants, but who come from a common ancestors. (see figure above)
          1. In the Collateral line, ascent is made to the common ancestor and then decent is made to the person with whom the computation is to be made.
          2. Examples:
            1. Siblings: Two Degree removed from Angelo: Adrian, Anne Rachelle, Abigail and Emmanuel are Collateral lines of Angelo which there common ancestor is Arnulfo.
            2. Uncles and Aunts: Three Degree removed from Angelo: Minerva, Elsie, Ma. Pelma and Jovita are Collateral lines of Angelo which there common ancestor is Paterno.
            3. Cousins: Four Degree removed from Angela Janine: Zuriel and Kiara are Collateral lines of Angela Janine which there common ancestor is Arnulfo. (aka Pinsang Buo)
            4. Siblings of Grandparents: Four Degree removed from Angelo: Pablo, Mercedes, Catalina, and Pedro are Collateral lines of Angelo which there common ancestor is Adriano.
          3. Full and Half Blood RelationshipDirect.png
            1. Full Blood relationship is that existing between persons who have the same father and same mother.
              1. Example (See above figure)
                1. Adrian, Anne Rachelle, Angelo, Abigail and Emmanuel are full blood siblings for having the same father and mother.
            2. Half Blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother but not the same father.
              1. Example (See above figure)
                1. the sibling Adrian, Anne Rachelle, Angelo, Abigail and Emmanuel are half blood siblings of Angela Joy for having the same father but different mother.
            3. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the same degree, save the right of representation when it should take place. (Art 968)
              1. example: (see above figure) if Adrian, Anne Rachelle, Angelo, Abigail and Emmanuel inherit from their mother, and Adrian is unwilling or incapacitated to succeed, then the inheritance, Adrian’s portion of the inheritance will be distributed to the other sibling who accepted it.
  3. Right of RepresentationDirect
    1. What is the Right of Representation? It is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or he could have inherited. (Art 970)
      1. Example: (see figure above) If Adriano left an inheritance for his children, Arnulfo through the Right of Representation may represent Paterno for his share of the inheritance.
    2. Effects of the Right of Representation?
      1. Direct Line: The representative is called to the succession by the law and not the person represented. The representative does not succeed the person represented but one whom the person represented would have succeed (Art 972)
        1. Example: (see figure above) If Arnulfo represented Paterno, Arnulfo will not succeed the whole inheritance of Paterno, but the inheritance will redound to the children of Paterno.
      2. Collateral Line: It takes place only in favor of the children of brothers or sisters, whether they be of full or half blood.
        1. Example: (see figure above) Assuming that Catalina died without any children or spouse, and she has on one sibling which is Paterno, Paterno’s children will become collateral heir of Catalina.
    3. Who can represent? (Art 973)
      1. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent.
    4. How much will of the inheritance will the represented received? (Art 974)
      1. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative/s shall not inherit more than what the person they represent would inherit, if he were living or could inherit.
        1. Example: (see figure above) Assuming that Catalina died without any children or spouse, and she has on two sibling, Paterno and Pedro, Paterno’s children will become collateral heir of Catalina only for the half of the inheritance as the other half is redounded to Pedro.

2 thoughts on “Legal or Intestate Succession

  1. Papano po halimbawa, walang Will and testament yung namatay and then may lupa na naiwan. Tanong po, Lima ang anak namatay na ang apat isa na lang ang natira. Ibig sabihin po ba yung may right to inherit na lang sa property na naiwan is yung natirang anak na lang? Wala ng right yung mga anak nung mga kapatid nya?

    Like

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