SUCCESSION in A NUTSHELLPhilippine Copyright, 2004 Be Justice Alicia V.Sempio-Diy Every copy ofthis book must bear the signature of Justice Sempio-Diy; otherwise, i shall be considered ‘4 proceeding from an illegal source. JOER PRIVTING SERVICES #8 Zinnia Street, Roxae Distt SUCCESSION IN A NUTSHELL ‘TABLE OF CONTENTS 18 GENERAL ‘Moves of transiting OWE “Tem: (a) Decedent (0) Testor (@)_ Inheritance | ‘When ate rights to sucesion tasted? 4 Kinds of succession: (@) Tesamentary {@) Legal of Intestate : © Mice. ” What iertance inches. Hei, doves, legate distinguished 11 importance of eitineon between ber and Tegatoeevisee 8. Dual sas of bei wits Definition of wil CCharacteriice of wil Tnterrctation of wil Vali of wil Testamentary capacity Forme of wil (9) Nowra! wi (©) Holographic will, 1. Wille executed abroad 8, Join wills of Filipinas 9. Devise, lepacy, et, oatesing wiesss, 10 Cdl or smi wi. 1H. Incorporation by reference REVOCATION OF WILLS 1. When ie revocation vali Iw applicable 2. Ways of evocation. 10 " 4 2 BDitfereat ways of reveation explained (@) By implication or operation ofa ©) By anover ace (By theexeeation of anothr will oa coal [REPUBLICATION AND REVIVAL OF WILLS Definition of tem Moses of repaication Requistes and limitasons of republication Roles on revival Another ease of revival PROBATE OF WILLS Swdy Rules 73 1 90 ofthe 1997 Roles of Gil Procedure Meaning of probate Necessity of probate Probate ofa will conssive as to what matory Tho kinds of probste Grounds for daallowance of wile INSTITUTION OF HEIR Meaning of “isintion of eis” Reguistes fora valid isitution of his (terres to ember. PRETERITION Meaning of preerton SUBSTITUTION OF HEIRS Mesning of “sition of bei Purposes of subatitation of be. (@)-_ Simple, ler, o commen 0) Bret (2) Compondion (@) Fileconmisary substation (6) Reciprocal 6 B a a a B Fdeicommisary substation dscused. DISPOSITIONS WITH CONDITIONS OR TERMS Applies only to fee portion; nove othe legitine kinds of insttion. (3) With condition @) Wit atem (2) With cerain purpose or cause (Moda estieation) With condition With term, Modal insiaton Lecrnime Defcon of legtime Who are compulsory ba Things to rember. egies of eorpusory bai Reserva tone DISINHERITANCE, Meaning of dsnheiance Purpoae o objet of disinbertance, Requisites of a valid isinheritince Tings to remember about inbertance Grounds for dsnheritance Reconciliation between testator and ‘dsnheited hee. How disnbertance is revoked LEGACIES AND DEVISES Legacy and devise disinguishod Who has the duty to give leeks nd doves AndeterinateKgacy Legacy o 2% 26 2% 30 x» u u 3Legacy or devise of thing sready belonging to the legate or devise Legacy of thing pledged or mortgaged to secure a deb Legacy of ere, o rmision or riers of debt ogacy tothe debor of thing pledged by in. Legacy or devise to eroitor Ifthe testator odes the payment of + dab Altmatve legacies and devises Eegay of pn penal pone Legacy of edvation Legacy of support When does the legates oF devises sogure owmenip ofthe git? Onder of preference if the ett it not wlcent to cover al legacies and devises How egy or deve ie deivred Acceptance of lepiey of devise ‘When does legacy or devise became of bo eect? Minake at name of thine given Disposition in favor of tesatr’s relatives GAL SUCCESSION Legal sucession define, Basis of legal succession ‘When doce legal secession tke place? Rules to emerbor i lepl or intestate sucesion Other rls to remember The sharing in intestate sucesion Intestate succession in ation [REPRESENTATION Represcetton defined Rules to remember. ACCRETION Meaning of acestion 2 2 8 3 8 8 6 46 46 ” 8 0 51 Requitites of sete nnn Is there caren in legal succes? ‘Acerion mong compuliory hes ~ ‘Accretion among devises, legates, cc Examples. Oier eases ‘CAPACITY TO SUCCEED BY WILL OR BY IN! 1. Applies o both teat and intestate succession. 2. Capscty to suceoed is also called pase ‘ertumentary capacity 3, Kinds of incapacity. 4, Abwolute inact 5, Incapacity o succeed boca of pone ‘undue inaene Incapaiy by reason of public ply or moray Special dispositions Ineapacity by reason of uaweriiness Condonation ‘When is capacity or icapaciy tobe judged. Prescriptive peiod for delartion of incapaciy and recovery of property 12, Representation in ese of ineapacty. 15, Effet of acts of inespacitatd hl, esac, ‘or device with respect to healiry prope @ ACCEPTANCE AND REPUDIATION OF INHERITANCE 1. Genera principles. 2. Forms of acepance 3. Who may acept or repudiate 4 Acceptance by erediors, 5. Peo for accepting or repudiating COLLATION Meaning of cllaon Meaning of “nt collatonabe Donation ier vtos What should beet. Collation by compulsory eis @ a 6 6 co 6s 65wo. Arpendts “A In legacy or devise subject 0 oolton?. Collation by grandee, What ditions are not colstonabie What shouldbe bought collation, the thing o is vale? How to equalize shares of his i the is colton Reimbasable expenses ofthe donce Problems PARTITION General principles How is parton made Legal redemption among cosets. Legal redemption among co-owner fer the Delivery of tide to code if property remains divided tects of patton Resirocl obligation of waranty among the bis Adjudication of «crit t 2 coe ‘When obligation of warranty among o-beirs Reston or mit of the pation Rescitsion of partion on acount a eon Inclusion ofa person not an hei inthe prion isl Code ofthe Piipines 66 6 o n n B 6 SUCCESSION IN A NUTSHELL By Justo Aleta ¥. SompioDiy Moves of transanting ownership (@ aw () dozusion (6) estate and intestate sucesion (At 712, New ivi Coe) Terms (0), Decedent~ applies t 2 deceased person whose property sransnted dough soocston, whether he let # wil of ator ~ appli to 8 person who | (Inheritance ~ all property, tights and obligations of a person which te not extinguished by bis death. (Ar 76, Nec). (0) The obligations of deceased ae only to the extent ofthe value of the inerstance left by him to hie heirs, (i) In genera, obligations are tenemissible, unless purely personal ike obligations between husband and wie, and those non ansible bylaw of cont. iy Esauples of rihts extngiched by deat ®) Personal vights like marital rights, parental surhority, support, ston for legal Separation, partershi, agen}: {by Right to recognition of a legitimate oF an eginate chi Except when action has already been Filed, (Ar 73, Fay Code) Also ction strana to hee if eld dies during minority or in tate of insaniy His have yeas le the action, (Ar. 173, Family Cody,a Action already commenced survives, notwithstanding death of ether party (i) Action fer adoption isnot extinguished by eat of adopter: (See 13, RA 8552), (©) Right to hold ofce ob, pubic or privat. (©) Right of a awyer to sepresent his lien When are rights to succession transmitted: Rights to succession a tensed fom the moment of the death of the decedent (Art 777, NCC). (@)_ Heirs become owners on date of decedents dest although properties are dlvered to them inte. (©) Both acceptance and repudiation retract to the moment of det, Kinds of succession: Succession may be: (2) testamentary (by will sod, ©) egal or intestate by lav), © ted (ply by will and partly by operon of law) (Art 78, NCC) ‘What inheritance inludes: Not only transmissible riahts and obligations at the sine of death bt alo thase which accrued Since the opening ofthe succession (Art. TS, NCC) Example: Alluvium, but noc popes acquit afer ‘he will ws made. which go tothe iste hes oir, devise, lepatee distinguished (Art 782, NCC): ‘Heir ~ cated to he sucesion by wil ot by operation of tw also one who suceeds by univer eo yal er fraction or aliquot part of the estate. May be Leics womtary, a when 2 fend or child is given part ofthe estate tobe taken fom the fee portion. Devisee: One given gift of teal property in wil ‘egutee: One given a if of persona ropety in a wil portance of dstintion between heir and legateldevtsce (6) Thete ae heirs in ett (Compulsory bes) and (egal or itesste hs) section, “ee Legateet and devisees exist only in testamentary © In preteriton, an instituted heir gots nothing, while a Iegite or devises gets the property given to hn as long ‘hte legtime i ot impaied: (A888, NCC) Dual status of heir (4). koa wil, «compulsory her may be given more thn bis lepine, (@) He ie compulory bet with respect othe legitime. He fs voluntary bei with respect to the excess (Hea compulsory heir dies ahead of the testator, his Tepe goes to hi tld by rereseration, The eld of «voluntary heir who predeccases the testator gts nothing, Bacause there ne representation tog volunay eis nor i the free prion WILLS Definition of will: An act whereby a person is permitted, vith the formats prescribed by lat contol to a certain Aegree the diepoition of is esate, to lake effect afer his death. (Aa. 783, NCC) Characteristics of «wil: (@)Starwory (b)Uniaterat eirs cant accept while ttt i stil alive) {e)_ Solemn or forma (4) There must be animus tstand (6) Testor must have testamentary capacity (9. Striely persona. (0) Effective mors causa (hy. Eseily revocable or ambulatory Meaning of srt personal (8. 788, NCC} (6) Cannot be fet in whole or in par tothe discretion (i) Duration or ecacy of designation of bis, dvises, or lgatees cr the portions given to them, cannot be Teo the dscrotion of thied person,Interpretation of wil (Gil) But the testator may entrust to « third person the sibaon of speci property oe sums of money le (0 a specified class or entse tnd the designation of persons, institutions, end establishments fo wach Property or money isto be given (Art 786, NCC), Ec: Charitable isittions 2000 Law Class of San Sebastian College (©) 18 admits of ditret interpretation, in ease of dott, inuerpretation which wil make the dispositions epertivg Shall be preferred (Art. 788, NCC), because tesacy i prefered to intenacy ° (6) Ambiguities in wi (Latent o intrinsic: Does not sppeat on the face of the will andi isovered only by exis evidence Ex: [institute my sive. (But I hive two sisters) glee my piano to Liss (Bu ave two (Pant or ceria: Appa om he eof he wil Examples: insite one of my tee nephews (but the nephew i nto, T ve X one of my three cars (Gidhou stating which ea). (© How to esove ambiguities (© Latent or intrinsic: Feam context of the will or extn evidence, excaling the orl declarations of the testator (A. 789, NC (Patent or extrinsic: Consider the words ofthe wil ot the circumstances under which the will was made, but not the orl declustions of the tsar (i) yo the ra deco of er ‘be considered? ” Because to do so can sel in fnud, at words of «dead man canbe distorted or peru. (@ Words are 10 be interpreted in their ordinary or grammatical seas, not inthe technica sense (Are 90, Nec). © Examples: Natural child means child by nature Use and possession of property oaly means ‘wut, nt ownership. But technical words wed ae to be than ia the tecnica sens, unless (© contrary intetion appears fom the context, oF (Git saintly appears ta will was dean solely by the testator, and he was unacquainted with such technical sense (Art. 70, i) Example: “Amp” means defacto adoption ot legal Guill) adoption Afraeqird properties oto intestate hes Rules of interpretation apply ointtation of eis a¢ well sof legates apd devisees. ty of wills ‘As to form (exinsie void): Depends onthe Taw in Torco athe tine of excction (Ant. 793, NCO), Inari validity Governed by be lin force atthe ie of decedent's death. (i) Legis canno pss a law validating void wil, like holographic will executed before the New Civil Code, because the olé Civil Code did not recognize holographic wil Gi Suppose the testator had no legitimate ascendant, descendants, or wife, He died in 1949, He has & recognized spurious child, bat mage wil lesing AI is popes to a tend. His esate was seed in SI, fe the wll valid? (4a) The wil valid Because the inisi validity ‘ofa il is governed bythe Iw atthe time of The estate's death. A spurious elild had 20 hereditary rights under te old Civil Code (bb) But ifthe testator had died in 1951, the furious ehild would get hit leptime even sf born before the New Civil Code, because oes determin the ime of dea of “Testamentary capacity: (Art. 796 and ff, NCC) dete ~ Capacity 19 make a wll,Passive ~ Capacity to receive property under 4 will Who can mate wl: o @ cy Those not expres prohibited by law (AR. 796, NCC) (63) Fecal pesoas cannot rake wil his i evident fiom the requiemen of soundness of mind (66) Convits under civil intediton can make will (ce) Spent can rake wil ‘Mast be 18 years of ae. (An. 797, NCC), (4a) Thus, those below 1 cannot make wil (6) But sexi inmate Mast be of sound mind atthe tne ofthe wil’ execution. Meaning, tha the testator knows (ea) The nate of the extate to be distbutd (08) The proper objects of ie bounty. (ce) The character ofthe testamentary ae, (Od age sone (ent snot enough. Must be senile dementia (Seay of meatal faces de to ald ag). Presumption i sanity (Amt. 800, NCC), Bt there is also presumption of insanity, if cone moth o Tess before the making of he will the {exator wae publly Known tobe insane (Art. 80, i), Supervening incapacity does nt invalidate wil, nor supevening eapscity validate a will (Ar 01, NCC). Forms of Wills: Nowrial and Holographic « Notaral will ()_ Must bein writing (Ax. 808, NCC). (i) Must be execu in language of dslst known to the testator (Ar 804, i) Witnesses donot have to kno the it ar language ofthe wil but the attestation cause (aot ‘he wil) st be ietrpreed to them (Art 808, fd) (Gi) Mus be signed at the nd by the testator or another person in his presence and at his express destion (ae 805, ih, Person signing should not be one of the setng wines, unless Bee are aoe Han 3 such witmesses, (in Re Will of Tan Dio, #5 Phil 07) (iv) Must be atest and subteribed by thee of more cree witnesses in the presence of the testator and af eae another (Ar. 803, 1d) Credible means! OF sound min, 18 year or me, Not bing, deaf, or dam, Ale tore and ite, Domicile in the Philippines (oot necessary 4 in) Has not been convicted of fasifieton, perjury, or fale testnony, (Ars. 820, $21, NCC) But wtnesies donot have to now the language af he il except that the testtion clase most be fnterpreted to ther. (Ar. 80. Also, bind or aniliterte can ‘make wil but he eannot be a witness 0 wl. (0) The testator of person who signed for him and the vtnesses must sgn each and every page on the left marin ofthe wil except the ast page ‘The signatures may be on the right, op, oF bottom ofthe murgin ofthe wil (Avena. Garin 42 Ph 145, Neyuev. Mol 47 Pl 152) But lack of marginal signatures is fatal (sate of Tampoy v. Albertine, L-14322, Fe. 25, 1960), (si) All pages of the will mast be colaively numbered leer placed onthe upper part ofeach page (Ar. 805,11) (4s) Means “One, Two, Three” But can be“, 2.3" FA, B,C," o ILI. (Nayuev. Moja id; Aldabav. Roque 43 Phil. 378)(68) Pospose: To prevent fad, eubstittion or detest loss of any page. So, substantial compliance is enous (oi) Must haven atestation clause which must state (et 05,1 (4s) The numberof pages where the wile writen (68) That the testator signed inthe presence ofthe witnesses aad the witnesses signed in the presence ofthe testator and of cae othe Purposes: (43) To presere in permanent form the resord of fae, (08) To have proof of compliance (Ge) To minimize commission of fraud or undue intnce Failure to state number of pages inthe attestation clase i fatal (Re Andra, 42 Phil 1) unless numberof pags spear elsewhere in the wll Singsonv, Florentino, L603, Oct 25,1952; Gonzales. Gonzales, 3272, Now 29,185), (op Mat be notarized (Ar. £05: (43) The following ate not esenil dite, place of| cexceation, dhe reading of the wil 19 wines, (6) Only the stesation clase interpreted to the winese ithe langage isnot kaon to ther, nd not the il sh. (ce) The noay does ot have to read te wil exept ifthe testator i ing (Ar. S08), (8) The notary need not be peseat a the time of (ee) Witnesses also need not appear before the (9 Bat notary eat be a witness to the wil, (6x) If the testator ie deaf of a deatmute, he must personaly rid the wil of he mst designate two sons (aed not be the aeting witheees) to rad for commie the wilt im, but they mst Know the sign language (Art 807), o (6) he testator Hin, he will shuld be ead to him twice one, by one ofthe mebeerbing Wises, and tain, bythe notary publi, (Amt. 808). ‘Bue: (a) A bin, det, ed dum an canot make & vel because ofdifcalty of communication, (6) The notary public esanat be one of the aesting, witnesses, because he cannot tcknowiedge his oo at Holographic wil (Language must be knowa to the testator. (Art. 804, Neo) (i) Remus be eniely writen, dated, and signed by the testtr. (AR. 810) (Gi) esenions,caeeiations, eras, alterations must te autbenicated by the ful signatre ofthe testator (hot 814); others the alltations, es. are voi, but aot the il oa ie) Iter ae dispositions writen below the signature, they must be dated and signed in order wo be valid (at 812), (0) When there are disposition that ae signed but not Aled, but the lst spon has a signature and Ante uch date validates the dapsone preceding it (an 813, Advanages of holographic wis: (i) Moc intimate and prions (id) Unlikely to be influenced by fraud or undue influence (i) No wines, no marginal signs, no notation {nd acknowledgment needed (iv) Subject to no other frm (A. 810) (4) Can be tad in ot ofthe Pailppines (i) Probate ofholographe wl: (i) foot contested, only the testimony of one witness who knows the handwriting and signature of the tensor needed (Ar. 1). Gi) If the will is contested, a Least three of such wesc ae required (A)o ® (Gil) In the absence of said witnesses, expert testimony ray be preseated. i). Wits executed abroad: (1 executed by a Filipino, it can be im any form stblshod ia the country’ where he may beat he tine of fxecution (Ar. 815). (i) TE executed by an alien, will may be executed in sccordance wih (2a) Lex dont (rt. 816) (00) Les national). (62) Philippine law ft). (G6) Lor lot celebrations (ple where testator was st the ime of execution) (Art 17) nt ill of Filipinos: (9) Joint will defined: A will excouted by two oF more persons inthe sme instumont, either forthe reciprocal beaelit or forthe benefit of «tied person. (Art 818, Neo), Example: A and B exocuted a wll ia one Distinguished from reciprocal oF mutual wis: Reciprocal or mutual ills provide tht the survivor of the testators wil succeed fo all or some of the Properies ofeach decedent Example: A made a will king his eit. B also mad a il making A his bee Mutu or reciprocal wills ae valid, bu if made in fone instrument, they are void not because they ate recip ut boca they af on (©) Join wil, whether teieaal ono, are void (Ae. 18). (Reasons why joint wills are vid (@) To allow a8 much ae posible secrecy, «wil being @ purely personal act (i) To prevent undue inlueee by the more aggressive tester onthe ob. (i) tn case of death ofthe vexators at ferent tines, probate would be harder » (i) He iitaes against the night of testator to revoke is wl at any tine, lke revocation by tearing ot (0) In cae the testator are husband and wife, one may be tempo to kill the oe. (©) Void even i executed by a Filipino ina foreign country whee ssh wile llowed (At. 819), (How shout ot wilsexceutd by foreigners? (If executed abroad and valid i the country of execution, valid also here (lr Tcl elebaton) (i) If executed inthe Philippines, void because it is gains our publi policy Devise, legacy, et, t attesting witnesses (Art. 823, NCC). (@)_ The devise ot legacy i void, bt the wil valid (©) If given tothe spouse, parent, o child of an atesting wien, he legacy or devin ie albo vod ut he atesting Witness can ail act as such, if thre are thre other competent witnesses tothe wil) (Art. 823, i) (©) But if the wines or bis spouse, parent, or child is a compulsory her, be wil ot lee hi lepine (@) Can scompulory heir bean attesting winess? Yes, bat ny ope given to him ost ofthe free portion ie wo (Can the notiry who acknowledges the wll bea witness) No, because he cannot acknowledge something before mse Codie (or a smal wl (2) Meaning (Ar. 825, NCC) (A supplement or adiion too wil (i) Made afer the execution of wil and anexed oi vo be taken as par thereof, iy Explains, ales, o adds to he orga wl (0) How exrcated- (oy With the same formats a8 will (Ar. £26) Gi) May be notarial or bologapie (6) Hos revoke (i) A notarial witl may be revoked by a notarial ox holographic codicil; a holographic will may be evoked by a holographic or nour codicilA vata will can never be revoked by an invalid od, whether expres or imply. (11) Incorporation by reference: Means a will validly exceuted incorporates only by reference (without copying the whole thing) certain documents or papers, especially inventories and books of account, 1 save time and energy Resuisies (ar. 820) (@) The document or paper refered to must be in existence at the time ofthe execution of the wil ‘Therefore, future papers cannot be incorporated by refreove (©) The will must cll deserbe and ident the document xp, especially the numer of pages thereof (6) The document or paper refered to must be identifi by lea and saisficory pea (by pro evidence or evidence ‘nde (@) The testator and the witnesses must sin cach and every page ofthe paper o document, xcept voluminous books fof account cr iventoies, but numberof pages mutt be REVOCATION OF WILLS ‘When is revocation v4 i law applicable (Art 829, NCC): (2) If done outside the Pitipines (GIF by one o0t domiciled bere (4s) Apply he In a the place where the will was (bb) Follow the law atthe pace where the testator vas domiciled a the ie he wil was made; ot (¢e) Follow Philippine av. (i) 1 done by one domiciled in the Philippines (2a) Follow Philippine law (since his domicile is here () Follow the general rule of the fer foci ‘clebratons ofthe revocation (Ar. 17) (©) fone in the Philippines — Follow Philippine law whether the testator is domiciled ia the Philippines oF not; Le. ler loc ‘celebrations of the revestion Ways of revocation (Art. 880, NCC}: (2) By implication or operation of aw, ttl or aria (©) By an overt act (burning, tearing, cancelling, blues. (©) By a revoking will o codicil, totally or partially expesly or imply. Diferent ways of revoation explained (4) By implication oF operation of law When after the execution of a will, certin set or events take place rendering void the will rotaly oF partly (pesupposing # change of mind on the pat of the testator ike (© When the teator sls or donates the thing given as legacy ot devise (Ar. 987, NOC} (Gn cases of legal separation, annulment of mariage, and estan of malty of mariage, with respst 1 the property vento the guy spouse (Art 45,50, Fanily Code (i) When an ei, epee or devises consis an at of suwerthness under Aa. 1052, NCC. When a credit given as a legacy is judicially demanded by the testator (Ar. 936, NCC), (2) When one or some of the compulsory heits ate eterited or ited inthe wil, the inaittion of hers oid, but the legacies and devisees remain Valid as loag a the leptin is not impaired (Ar. (0) By an overt act (burning, tearing, cancelling or vbraing. or erumpling) (AE. 830, pa. (3), (NCC): (i) May be done by the testator or another upon hie© (i) The subjective phate ofthe act must be completed (fy for example, even a small part ofthe will s ‘nes. (Gi) There mast be expt o make wil the time of (i) IF the testator threw his wil into stove withthe ina of evoking ito thai wood be bumed ence Someone ight the sow, but smncbody removed the wil Rom the stove before it was Hpk there is no ‘evocation Beeause there was never the overt act of ‘ming © If will is burned accidentally, there is m0 revocation in view of the lack of ition to evoke (00 Tearing of the wil, even if igh or ony into two Piess, enough revocation a log a the subjective Phase is posed (ci) Obliteration is rendering the words ilegible; canceling is the drain of ines aeos he tx, but ‘he words rein legible (cancelation ofthe sina eset revocation, but eaneelation o eblitertion of aon-ital ports leaves the other parts ofthe wl in force (Gs) If 2 willis mutilated by eror or accident, there being no anim revocand, thre i revocin. (6) what was burned was nly the envelope ening ‘he will, thee sno revocton, By the execution of another will B32 and, NCC): by a cole (Ae. )- Revoking wil or codicil mutt be valid as to form coterie, revocation is voi (i) Revoestion ty subsequent wil o coil takes eect even if the now will somes inoperative beease of the incapacity or renunciation ofthe his, lates, lov devisees (Art 852, NCO), Gi) implied revocation by subsequent will (Ast. 831) the subsequent will dose not revoke the fist win an expess maser, aly thse dispositions in the frst wil that are iacoasistent or contary tothe Second will are aed Reasons: (1) The la doesnot favor implied (2) Btfors to reconcile must be made. (Gv) Revocston based ona fake or illegl cause i void (ae 533) sample of filse cause: istinted A as bee ‘Then he leaned that A was already dead, 80 he ‘nade another wll nsttuting B. If A fms ot o be Sill alive he and aot B inherits fom T, because the revocation ofthe will in is favor was based on & fale cause. (0) Note the difeence between an invalid second will nd-an ineffective second will If he second wil is od, i anal revoke, IC is only inoperative by reason ofthe incapacity or renunciation of the hei, Tepe, of devises, revoestion takes pice. (i) Doctrine of conditional revocation or dependent ‘lative revocation “hie rofers to a revocation that i condiona i, revocation takes pie ony i the contin is ful. Example: T makes Will No, (1), After one week be executes Will No. 2). Then be tore Will No. (1) pieces. Upon his dat, it was discovered Tha his Wi No.2) had oe been validly excutd 1s Will No. (1) revoked, or should it be given cect? 1 one case it was eld that Will No. (1) was revoked because the tering was accompanied by ‘imo revocand (Diag v. De Leo, 43 Pil. $13), eater, it was rule hat there was no revo citer by subeoqunt will or by over act of tearing case the tearing was prompted bythe fale beliet thatthe second will wat validly executed (eee Ar 33, NCC, which states that revocation of a will asco ale or illegal eau i ml and vod). Or, under the doctrine of dependent relative revocation, te reveition by destton or overt set 5 good only if he condition is lle, sme, dat the revoking wile valid, Here, the condition was ‘ot flied: therefore, the revocation by over act,4d not materialize. (De Molo v. Molo, etal, L-2538, Sept 21 1951), (i) The second wil refered to by the testator a his ast vl votes his fst wil especialy if he provisions ofthe two wills are inconsistent, Ike a8 who ae eng insu a heir (8) Remember tht the testator can revoke his will at anytime before his death (8) Recognition ofan legitimate child in wil oes not lose ite effect even i the will ls revoked (Art. 34, NCC). REPUBLICATION AND REVIVAL OF WILLS Definition of Ter ‘Republeation isthe at ofthe testator of resting a will which i void as to form (like there were ony two tenting winestes of here was no ateation clase) oe which had ben revoked (Ant 835, NCO), Revival isthe restoration of validity to 8 previously revoked wil by operation of aw. Modes of Republication (@)_ Re-exccution of the orignal wil (copying the orginal provisions thera) (6) Execution of a codicil refering to previous wil (aso known a implied republication) (Ar. 836, NCC), tes and imitations of republication: (0) Hal void as 0 form (ike there were only tw etng witesse there was no atsation clause), the ow wil ast eepeodace or ops all he provisions ofthe frst wil (@)- But te effect ofthe wil i the date of execution of the new wil not of the ol wl. (i) TET gave all my cas to A ia ny fest wil which turned out void as to form, and copied all ite ‘rovsions in a acoond will and I had only 3 cars ‘when I executed the frst will and & care when I executed the second will my heir A wil ge 8 cas (©) If will is void as to form, i cannot be republished by sere reference ina codil. There must bea ew will of dill reproducing all the provisions ofthe first void wl But if the first will was valid but had later been revoked, + codieil merely refering tothe revoked will revives ssid voi wil Tere f a0 need to reproduce the provisions ofthe rvoked wil. The wil s however, tffetve a ofthe date ofthe code. (14 will ie void due to fraud or undue inuence, the cxcetion ofa cdi efiring to the previous void wil fs suficintrepublcaon. There is no need to repdace its provisions, (AR. 836, NCC). ales on Revival (Art. 837, NCO}: (@) If the second will expresly revoked the First will, revocation ofthe second will does nt revive the firs (6) IF the second wil only impliedly revoked the first wil (ike having inconsistent provisions), revocation of the cond will revives theft il (the second wil revoking the Fist wil invalid, the frst wil ssl festive because the revocation is void Amother Case of Rev While the preterition of « compulsory heir anal the instution of hei, ail i the omited hei dies ahead of the test, the ineittion of es revived, without predie 0 the right of represenation (AR. 854, sec. par, NCC). PROBATE OF WILLS ‘Study Rules 73 to 90 ofthe 1997 Ras of Cit Procedure ‘on Setlment of Esate of Deceased Persons Meaning of probate: The act of proving before «competent court the due execution of a will by a person with testamentary capacity, and the approval ofthe will by said Necessity of probate: No will shall pass real or personal ‘property unless proved and allowed in accordance with the 17Rales of Court (Art. 838, NOC). Probate ofa il conclave as to (2) due exeation ofthe will (©) testamentary capacity of the tsar, ‘Two hinds of probate: (3) During the testator’ item (ante mortem probate) Reasons: () To prevent of minimize fraud intimidation, (oF undue influence inthe exciton of wll (To enable the testator 4 comet at once any ‘ulure to comply with the legal requiem, (Report ofthe Code of Commission, p, 53-54) Note: But the testator can sil revoke bis wil although already probated during his lifetime () After the testes death Grounds fr disallowance of wills (Art. 839, NCC). (@)_Formaitesrequited by law were not compli with (©) Testator had no testamentary capity atthe time of exceution of the wil (©) Will was exeouted trough fre, duress, or influence of (© Will was procured by undue and improper pressure and influence on the pat of the Beneficiary or some other (Signature of the testator on the will was procured by fea, (9) Testaor acted by mistake or did not intend thatthe infrument he signed shuld be his wil when he signed it Remenber: (@) The grounds for disallowance of wills in Ant $39 are exclusive; no other ground ean serve to disallow will (Peeson Corel, 45 Phil. 216). (0) While the presence of force, dues, fear or threat in the execution of a contact renders it merely voidable (ie ‘apale of raifcation), thei presence in a wll ender the wl yd (©) There is undue influence when the testator does something ‘beause of fear or desie for pesce or from any oct fecng that he is unable to resist (Torres v. Lape, 48 Phil. 72}. Bat he who alleges undue influence must ‘ove i (Macapinaev. Alimorong 16 Phil 1), (Thee is no und influence if the esttor gives the whole fice portion to an ilegiimate child or a mistress. Mere affection, although illest, snot undue inflvence, as Tong asthe giving was volunay (Cou. Pemandez Den, 42 Pil 536), However, a mistress is incapacitated to inherit, on {he ound of publi morliy and public policy (At. 1028 in elition to Art 739, NCC), (©) Fraud and undue influence are mutually sepugnant and exclude each oer ab that thee jinder at grounds for ‘opposing probate shows the absence of definite evidence ‘guint the validity of the wil (Lesiano v,Iasano, I 18979, Juge 30, 1968), INSTITUTION OF HEIR tiation of Hees”: Meaning of This “an act by vine of which a testator designates in his will he person of persons who are to succeed hi in bi propery and transmissible rights and obligations”. (Ae. 840, Nee). Requisites for alld instttion of betes: (a) Refers cly 0 voluntary hei; cannot affect helene (6) Applicable sso to devisees and legates (6). Exists only in estamentryeucsesson, (@)_ Even a conceive sild can be instituted, sbjoct to A. Dad 1 of NCC (6) Heirs, lepatecs, and devisees must be certain or sseerinale (There must be 90 preterton, except that devises and legacies ae valida Tog asthe Tegidme is ao imped (&) The instttion must be effective; that, there it no‘Predecease, repudiation, or incapacity of heirs. (Art. 841) (@) The wil must be exnsclly and itnscally val @ 1 the instton is pari the remainder ofthe estate 008 to the intestate hei (At. 841, Other rules to remember: () An heir most be designated by his name and surname, tnd when two persons fave the sue name the wil mus indieateeioumstances to identify the her (Ar. 843, Neo), [Even ifthe name ofthe heir i omitted if there is no Aout a ois deat, the iatiaon is vai (A. 843), x: "My oly boda” (he ttntor as only one rhe) (©) Bre in name, suman, osirumstances of the he shall ‘ot vitae the instiution i he ean be ascertained in any other manner (but not by the oral declaration of the testator) (Ar. 84). If several perons have the same name and surname end simile circumstances, and even withthe presentation of ‘ihe proof the bei canaat be iene, none shall bean hie. (Ar. 844), (¢)Instuson of an unknown person is void, (Ar, 845) Examples: “institute my frend.” (But ave many friends), “Linaitte my student inthe 4 year of the SSC College of Law” (have many such stdent) (© Special kinds of insttaton ©The poor in general (Apply Ax. 1030, NOC) (i) The reatives of the testator (meaning those nearest in degree) (Art, 959), (Gi) *X and is tien” (Are. 849) ~The ae insted simtanousy ® @ (ie) "My brothers and sisters” ~ ually, even if some are fill and some half Blood (A. 848), (@) Heirs instituted without designation of shates inherit in gual parts (Art. $48), But this does not apply tothe lene (©) °Tinsined bis 200 A and hie friends X and Y to bis PIM esate, Divige 0 o 0 « o @ © © First give his leytime of P800,00.00. Then, divide the ether PS00,000,00stnong A, X and Y equally “Tinstted A and Band he dee children of Chis estate of PLO0,000.00" How should the estate be divided? Divide the estat nto fve (5) equal parts. Tinstituted his two Lrothers and thes half-sister, Divide (]) They ger equal shares (Art 48). Gi) Remember, though, that in intestate succession, {ul-bood ges double share ofthe half-lood “Tinstted A snd theater's 2 cident his estate (fF 100,000.00. Divide, Divide the estate into tree (3) ual paris oF shares; fe, the heirs inherit simultaneously, not successively (Art. 849). A statement ofa fale cause in he ination of here ‘considered not writen unless it appears fom the will ‘hat the testator would nothave made he insttuon had he knowm of the falsity ofthe cate (Art 880) tins my student X fr geting 10 Law inthe last bar examinations” ‘The institution eval vente stent did not get 100% in Civil Law, What is daregarded isthe false ‘nue, not the institution, inci 1 institute my friend F to 1/2 of my PIM estate” Who gets the other 1/2? The intestate bets (Ar. 51). A voluntary hei who des before the testator or who ‘proves toe incapacitated tansmits nothing this eis (2.856), (0) Thereieno representation among voluntary ber (ai) ‘Thee sal no representation in legacies and devises, “T hascildren AandB. Absa A-1 I Tinsivtes bischilden A and BtohisPM esate, but A diesabead (OFT, who gts his esate” a‘Ac! gets A’s legitime of P250,000 by represents tn The remand fin ee pees Bs Componente (©) Renee hat «psn wh eases cmt te recone (at 9 PRETERITION Art. 854, NCC: “The pretention a omission of one some, o allof the compulsory eis inthe dit line, whethes Living at thetime of the execution ofthe will or brn arte death of ‘estar, shall ann the institution of but the devises and legacies shall e valid ins far as they ae not inofitous 1K the omited compulsory bets should die before the ‘estar, he instton shall be effectual, without prj to the righ of representation.” Total omission of one, some, oral of the compulsory heii the deat in, (6) Omission may be inteatona or unintentional. (©) Compulsory bis mast inthe direct line (asecndants and descendant). (@ Conpatsory heirs maybe vigor conceived atthe time ofthe nation (©) The institution of bei shal be annulled or void, but legacies and devises remain i mt noficious, (© Iteomiedheirredcenses the tester, the insion is effectual, without prejudice to the right of (@) legitimate ascendans o descendants are included. (0) I 8 compulsory heir i given avery small share, complete only his legitie. There is preterit, (© tfachild hasbeen given donation infer vv. there is "nopretrton because the donation san advance on hin legitime Soe isentidedenly tothe completion ot his lepitime. ©) The omission of the surviving spouse in the wil isnot Pretritonbesause she is not» compulsory heir in the ‘rect ine So, give er th legitime given o ery lav ()_Iebvother or sisters re omited, hee is no preterition 2 ‘because they are not compulsory heirs and notin the ct ine, (©) “Thas hvce sons A, Band C. Hemakes wilinstiting ‘Aand Band his trend F. Who ges his ette?™ ‘Ans: F gts nothing since he i voluntary bei, not a legate or oevisee. The institution is annulled because of peertionor the omission of. But if Fas legate o devise the gifts valid nt noficis 1 Inofiious, itis educbe SUBSTITUTION OF HEIRS “Meaning of “substitution of hee 11s the appointment of another heir default of afer the heir cgay nated (Art 857, NOC). Purposes of substitution of heirs (@) To prevent the propery from falling ito the hands of people not desized by te testator. (©) Topreventintestatesucesson (©) Toallow the wstator greater freedom to reward those ‘more worthy of his affection and bounty than is ‘intestate eis ‘Note: Tere may alsobe substiution of legates and devises. Kinds of substitution (Az. 858, NCC) (2) Simple, sdgor or common (As. 859) (Without stating the reaions for substation), ‘One or more person sibs he insite eis Incase of predeease, repudiation, or incapacity [ExT instituted A ashis hei, but provided in is wil that in ease A cannot fr any reason receive the ‘nertance, he shal be substiated by B simply, T designates Basis heirand Cas B's subst 0) Brag An. 860): x: T institutes Aas his hee, with Band Cas substitutes (AM. 860), (2) Compendious (Art 860) xs And B are ntitted, with Cas subsite B@ Fideicommissary substitution (Art. 863) ~ Soe scursionbelowand next pages (0) Reciprocal Art 86) x: Aand Bare insted, withthe provision that IFA predeceases, renounces, of turns out t0 Be Ineupaciated,B subsites him, and vice-versa, Even if the orginal shares given to A and B are otegul ike A was given 23 and I'S of he tesalor's ‘ext, since the institution reciprocal, either Ao B predecoates,renounes, ois ineapaciated, the other ts the orignal share ofthe one orginally insite. (9 Remember tat he cause forthe substiution aed nat be sated, in which ease the svbsition applies in peedevesse, renunciation oF apes Fideicommissary substitution (Ar 863, NCC). "T insites A as first her or fiduciary, but he must preserve and transmit the estate to second het B called fideicommissary orbeneficiary, with he following conditions (@) Thesubatintion does not appytotheleptime (Ar. 868). (©) Thefideicormissry substitstion must be express the obligation to peeserve and transit the propery 10 the second ber is clearly imposed. (©) The second het should not go beyond one degree or ne transfer from the it hei (Art. 863). (©) Both heir inbert om the testator (@) Both eis must be living rat leat conceived atthe time of estates death, (9 The second ber acquires hs right from the time of the test's death fhe des before the fist ir iciary ies, his (he second ei’) right pases to his eis (art 866) (&) The frst heir enjoys the property almost like @ swsutactary (Ar 866), So: () Hecinot alienate the property: (Gi) He sented to ein of wef improve: ments, legitimate expenses, and credits (ar 865), (8) One degree mean one generation or one wanser (0, the second beircan be juridical person, (Since the substtate must be ane degree from the fist on to 0 tei he mist he a parent o child ofthe ist hee, He cannot bes brother, bese boris two degrees om the fate Thenulity ofthe Sdeicommisar subsiton doesnot Prejudice the validity ofthe instiuion ofthe fst ee ‘The Fideicommissary clause is simply deemed not writen. (Art. 868). Remember also ® o ® © © ® ‘Suppose the fiduciary dies aead ofthe testator the second hee gt the propery nota fdeicomminsry butaea simple subsite, to ve eet tothe testator’ But ifthe second heir or fdecommissry dies thoad of the testator, there 18 no fideicommssary ‘usb boaur both ein mast being atthe me ‘ofthetesttr's dest, since both ner fone ese However, if after the testator’ death, the fidecomunisary dies ahead ofthe cir, the righ of ieicommissary (or second het) passes this heirs (An 866), he ica registers the propery in his mame without the fideicommisary substitution, innocent parties se protected However, ithe property is unregistered, the buyer scquires only the sles rights Le, subject to the Fieicommissary substitution The fiecommissry ea sortofnaked owner ownership iseonsoidied in hin upon transmission ofthe property tohim The second heir canbe, a8 stated above, a juridical person, provide there i only one transer The secon hei, being an ei als ofthe testator, must ‘eeapactted to suceed the testator, not the first bir orf “insite A as frst heir and Bas ieicommissary or secondbeir.AprodeceaesT. Will Binhent when ies? "es, not ae ideicommissary bua an ordinary substiutebet T instituted A as frst heir and BA's brother, as fideicommissary or second hi. died and his propeused ont A. Upon A’s death, will B ge the propery? No, The fideicommissary substation isnot valid because B is second degre fom A. Property wll goto As eis, teste oe mtx (0) Tinsiuted a fist heir A’ von Alas second hit and Al's mother is thied hein. Ie this = valid Fieioramissay substitscon? ‘AS far a6 A and A-1 are concemed, yes. But as 10 Act's mothe, no Because she ir not cae depce from A, in fc, she may not even be related to A by blood. But she may sill get the propety from Act by testa or DISPOSITIONS WITH CONDITIONS OR TERMS 1 2 Applies tothe free portion; never tothe legtime Kinds of tn (9) ih a condition: Bis insited provided he pases the 2010 ber exams 0) With o term: B is insted beinaing 2010, (©) For a certain purpose or cause (Modal institution): Ais ven P 30,000 fo be epent forthe interment ofthe With Condition: (2) Impossible or illegal conditions and those agunst good customs ae demod not inposed and do aot pice the heir even ifthe testator should provide otherwise (Ar. 373) Only the condition i vod. (©) An absolute condition no! Yo marry i vod for being against good morality and public policy. lence, she Alspostion is deemed not subject tos condition and ts vali. (A873) {€) Absolute condition no 10 remarry i ls wid a aginst ‘morality and public plicy, exept: (When imposed on the widow or widower by a deceased spouse. If the condition is vielted, the widow or widower gets only hisher leptin. Free portion goes tothe intestate heirs ofthe deceased (aa) When imposed on the widow/widower by the sendants or descendants of the deceted spouse faa) “ (8) Examples (0) insted fiend povided he wil never mae. marie after T's death, Fis sil ented 0 inherit from T beesse the condition immoral i) Hinsttoed his wifes sole heir there are no other compulsory Beis) an condition that when she becomes a widow, she would not remarry. Two yetrs afer H's death, the widow remaried The condition iva as othe free potion. Bot the wife stl gets er eatin. i) insted is frend B provided he does at many The condition is valid because it nt an shsolut prohibition. (©) Disposition capttora: A diposition on coniton that theft shall ake in his will prowsionin favor ofthe testator or anyother person. (Ar. 875) The disposition isefs void, rst coin. So the her gets aohing Because He nsiation 1 a lity (0) Pacesaive condition (Art $76) The ftfilment depends Solely onthe heir and must be performed by him personaly (i) Mustbe fulfilled as soon asthe het earns of thetestors deat, i) When condition bas already een complied vith and eaanat be complied with again ‘Condition is deemed fale (Ar, 876) x The heir must eam how ta play he piano (i) Substantial or consirucive compliance is Enough iat i the ir ed his best). (a) Casual or mised condition (AR. 877: ‘Casual — depends upon chanse or the wil of ‘hid ern. Mixed — depsnds pay on the wil of the hes ‘an pany upon chance o the wil of thi pevson Examples; Ua Abecomes 2 ly “That wins fist prize inthe lt.® o conteae te ine Miss Universe beauty ales: (© Condition may be fale befor or afer te death ofthe testator, (Gi) steady complied with and testator was not aware ofthe complince, aleady deemed fulfils (i) already complied with and tesatoe was aware of the compliance, deemed fuliled if cannot be complied with agin, xs Tha B becomes ler, (iv) Asai, substantial oF constructive compliance is sulci, ‘Negale poesavecondtion (A instintes B provided he stops smoking (GB gets the propeay upon giving security, and wil ‘veto rer the propery incase of conraveaon of cooton, with ful and interests (Av 879). Positive potestatve condition (© A insatesB provided the ater leas how to play ‘he pana, (i) Upon A's death, the property is placed under administration until the condition is flied (As, 80, 4 Wi Term @ ® Distinguished from condion A term issue t happen, It merely suspends the demands of ihe x. give this property to X upon his mother’s death. (The moter wil surely di) A condition not only suspends the demasiebily, bt even the acquisition ofthe igh el. It ty ce may ot Iappen. Ex. [give this property 10 X i his mother des of In a disposition witha term, the heir acoutes the right Pending arrival of the term, and transits the right to 2» i © ® ‘his heirs even before the arivl of the term (Art 878 NCO). This is beease aterm is sure to happen But if the instituted heir under a suspensive condition dis before the condition 1s fulied, he ‘eansmits nothing this becausehe never inherited from the testator Kind ofterms (Suspensive: Begining 200. (9) Resolatry: Effet cease on December 12003. (ily) Bx dic in diem: From a certain day t a een ay ke fom year 20022010, ules follow (© Tinsinuesbisbrother for yersafter seu ‘A enters possession at onse, which wll end sie yeas. (i) Tinstutes his bother A years fiom his (T's) death This isa suspensve term, The legal eis fnter into possession of the property inthe reantime before atval of ttm alter giving security (AP. 885). A get the property only afer 5 years fom testator death (i) TinsotutesB subjettoa sespensiveconiton: I T dies, the property shall be placed unde sdminisation unil the condition is flied (ant 880), Insuspensive term, the legal irs nt into tne possession of the property before term aves, sulyect to giving security (Art 85), Ifthe legal ais donot pve security, pve the property under administration (Ar. 880) (9) Ainstates B upon the deth of (aa) Legal eis posses property until the term arvesafer gvingseuunity. security int ven, pce the property under adminis (bb) Instiuted heir who dies before the av of the term aansmits sights this owns, ‘Thsis because the erm is suelo come 2»Mod ‘May be statement ofthe objet ofthe institution. or theplsstion othe proper fr actin xpos, ora char Jmpored onthe bei oe egteldevse (@ Bvanples (0) institute A to my estate fr his legal education, (i) Linstiae Aas my hee provided he devotes 50% ofthe income ofthe property othe establishment ‘fs professoal char im Civil Law atthe San Sebastian College of Law (0) Resto fal (0) The inheritance canbe immediately demanded provided the er gives security for compliance With the wishes of esto, (Art. 88). (6) Hiemstra propery with ruts and interests if obligation is disegurded (Art 882). (@) Distinguished from suspasive condition in that suspesive conditions ot et filed, propery = not demandsbl even i security fs offered, In modal institution, propery is ‘mmedistely demandable provided ber aves Security for compliance with wishes of LEGITIME Definition oflegtime: That partofthe test sestate which be cannot dispose of becaur the law has reserved it for his compulsory hes (are 865, NCC) Who are compatsory hers? (@) Primary compulsory heirs (i) Legitimate children and their legitimate (i) Sorviving spouse (Gi) legitimate children and their descendants, wheter leptimate or iegitimat. (©) Secondary compulsory ets (i) Legitimate parentsand othe legitimate ascendant to ‘(they inherit only in default of legitimate children snd their descendants). (i) Mlgiimate parents (the iegimate ascendant: rot inched). They snert only default of legitimate and legitimate children and the respective descendants, Remember: (a) _ Purpose of legitime is protect he surviving spouse and the children from the unjustified anger or noughdesness of the testator. (@) _thereareno compulsory hes. hee can eno eine (o)Thetestatorcanot deprive the compulsory heisof thee lege except trough valid disnherance. (@) Thetesttorcanot impose any condos substitutions or burdens onthe lepine except the ond thatthe txtale wil note divided fara period not exceeding 20 Years (Ans 1083, 494 NCC), (e) Donations intervivor ate to be reduced if found inofiious (Le, they exceed the fee potion. (9 Compulsory heirs ate not compelled to accept their Teptime 5 imes of compulsory hers (a) Legitimate children — 12 of ett divided by eumber ofeiren, (One egitmate eid — sil 12 {e) One legitimate child and surviving spouse— Child — 12 Surviving spouse — 18 (a) Twoormore legitimate children and surviving spouse: Legitimate children — U2 fe) Two or more legitimate children, surviving spouse Sate shareas ne legitimate ‘Meiate children Legitimate dren ul te taken othe fee ptian) | Heimat eilren ~ Each gets 12 of share we legitimate ell (Alo w be taken trom the Tee (Leptin parents and Surviving spouse = 1/2, 144‘Surviving spouse and illegitimate children: Surviving spouse — 13 Megiimate eitren — 1/3 (0) Legitimate paces, surviving spouse legitimate ‘children — * a Legitimate parents — 12 (even if there i oly one patent). Surviving spouse — 1/8 Megiinate children — 1 © Leginmate parents only — 12 O) Mlegiimateciten only — 12 (Surviving spouse only — 1/2, but i mariage was in articado mors and testator ied within 3 months om ‘mariage, 13; if partes, however, had lived lopether for more than S years before thei mariage 12. © Legitimate prensandilletimate children Legitimate parents —172 Miepitmatecilen — 14 (es) Megtimae parent only — 1/2 (0) Mlepitimate parents and surviving spouse Megiimate parents —14 Surviving spouse — 1/4 (6) Megitanate children only — 1/2 (©) tegitimate parents and illeptimate children Parenis— None legitimate etiaren — 12 Remember as: (©) Legitimate chive svaye got 1/2 ofthe exate as icine, Andthiss eevee oly onc (6) Legiimate paces secon computer eel alvays et 12 ofthe estes the ition ths tc evenf ere sony one pate pert (©) Therein representation he sending (8) Theleptime ofthe surviving spouse mut be pai fest ae tn den pee pana hile euhf tem might get 2 ht ‘leit child. (©) Theresa reresenatio oiling cien, 2 (H)Mlegitimate children do not inherit abinestato from leptime children and celatives of thir leit father and mother because of the barrier, and vice versa (992) (@) Brother and sinters are not compulsory his, but they ‘weintete heir Soa tsar cn give his et estate ‘osuangesinhis wll excluding is trohes and sere (8) Todetermine the etme, get the valve of he proper, minus debts, plus the value of donations subject 10 collation (Art 908), (© Donations to children shall be charged to theirlegtime; donations to strangers shall be charged tothe free portion: i they are inofcious, the sal he reduced (art 909), The egitime of legitimate parents shall be divided becween them equ, Ifone parent i dead, the other sets the whole eine (&) the testator has no legitimate paren but is survived by asendants of equal dewre, the legiime shall be divided equally between patral and maternal lies IF theaseendants are of diferent degrees, the ones nearest in degre get teenie legtime (Ar 889), Reserva Troneal ‘Art 891,