Excess of Succession Notes

Insert page 9 of PPTX
Effect of no will: if you’re not a cumplosry heir you don’t have any right to the estate.
Even if asawa and anak ray hatagan, there is still a need for apportionment. If testator wants to give
more than the others.
Black sheep and good sheep- equal in legitime
You are given the prerogative of a will so that you can adjust the will.
How to disinherit? You need to have a will and testament.
Legtime that part of the estae which is reserved for the part of your compulsory
Disposable: free portion.
Ex: You can give a caregiver a portion of your lot by making a will
If di nako I mention akong comuplusory heir, ma in valid bc of preterition. .see caytetano case In state of
Pennsylvia, preropty rights of the testtor is recognizdd. That’s is why walay share si hermogenes kay
philly mansi adoracion.
Cite instances of the Bases of succession (Family and PRoeprty Law)
Basin mugaws exam
Will making not like a contract. Revocable at will! He need not explain the reason. Revocation is
absolute.
The testator is given the prerogative as to how his or her estate is to be distributed.
Family Relations Basis:
Ex: the concept of legitime
Remember these:
Direct relatives exclude the collaterals
Prefernce sa law is descendants, and ascendants. (Collaterals such as siblings, they are subordinate
compated to direct)..
See principles qritten in pga 12
Disposition Mortis Causa
No death, no succession.
Before this passes ownership right, this has to be proven probate. Hold your horses. This still needs to
be probated in court. The court would still approve it. “Admission to Probate” IF NOT, that will is a
worthless piece of paper.
Who will probate?
Apart from the heirs, it is most desirable that the testator himself! Why? The questions involved in
probate can be answered by the testator himself.
Can testator revoke his will that has already probated before the Court?
YES. The will is revocable even if the will is already probated.
Interest of the family may override the will of the decedent.
No future inheritance
Who re legal heirs
- if walay children
If walay parents
- the siblings (illegit) or cousins up to the 5th degree (children of cousin) (if sila tanan 5 th degree, they can
assert a right. But if there is 4th degree, 5th degree cannot anymore assert. NEARER EXCLUDES THE
FURTHER
TAKE NOTE OF THE DISTINCTIONS OF THE TERMS
Objects of Succession
What may be transmitted?
Money Debts
- When you talk about 1m debt, is it the same to pay rent? NO
Ex: A mother has a land with a bldg. THIs mom entered into a contract of lease duing her lifetime
undertaking that in the even tht she would decide to sell lthe property she would give preference to the
lessee.
Is this oligation?
Yes. Does this survive the death? YES. The child is bound to respect that undertaking made by the
mother. In fact the son can be compelled y the lessee.
Is this on the same footing on the same obligation?
Utangan 1m ang mother. Is the heir liable?
NO. The obligations referred to by the law in Art 776 are nto monetary obligations, because these are
not collectibe directly from the heirs. This will be presented as a claim against the estate of the
decedent. DILI pwede direct. (Administration Proceeding in Special Proceedings)
Is monetary obligations part of the inheritance?
APIL man. Pero you don’t ask it directly to the heirs. Part siya kay ma affect man ang distributive shares
sa heirs.
When predecessor entered to conytact which survived, heris should respect and comply with that
obligation.
“RIGHTS” gani- moment of death; POSSESSION depende if na administer.
Just bc possessed by administrator, doesn’t mean walay right ang heirs. Art 777 pertains to the RIGHT
OF OWNERSHIP! Distingsuihs this from right of possession.
IMPT NEXT MEETING: WILLS.
Testate Succession:
Rules
Why is testacy preferred over intestacy? What is the principle behind?
We have to respect the wishes of the testator to his property. We are respecting the prerogative of
the testator to decide in what manner will the estate shall be disposed of.
It’s only in testacy where we would know for sure the desire of testator. Intestacyis only the
presumed will of the testator.
Situation:
A died. A’s children looks for a a LWT but they didn’t find any. SO these children distributed the property
among themselves on the supposition that there was no LWT. However, years after, a will and
testament was found, in that- your client was given more than his legitime. Do you think you have a
basis to set aside the previous distribution wherein your client should be given more?
What is the objective of a probate proceeding?
Determining the intrinsic validity of the will.
W/N
2 issues in involved in probate:
Sanity and Mental soundness of testator
Solemnities of the will.

GR: Oblicon: contracts shall be obligatory in whatever form they may be entered into.
Are we adopting the same rule in will and testament?
No, since a will must comply with the prescribed forms and solemnities of a valid will.
Disinheritance is a disposition of property. A will which only contains a disinheirance must be probated
as well.
No need to probate (if kanang mga acknowledgement of children) bec there is no disposition of
property.
The filing of a petition for probate is imprescriptible. Bc of the policy that testacy is preferred over
intestacy, to give effect of the wishes and desires of the testator.
Extrinsic: FORMALITIES
Law of the country at the time of the making of the will.
INTRINSIC:
PROVISIONS OF THE WILL (more strict)
PLACE- THE NATIONAL LAW OF THE DECEDENT (ART. 15).
Next Meeting: Solemnities of a Will.
Specific requirements (extrinsic) of a will
In repudiation, there is no right of representation. But in disinheritance, there is right of representation

(your children can represent you).
* disinheritance necessarily includes the legitime.

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Insert page 9 of PPTX

Black sheep and good sheep- equal in legitime

How to disinherit? You need to have a will and testament.

Disposable: free portion.

Cite instances of the Bases of succession (Family and PRoeprty Law)

Basin mugaws exam

Ex: the concept of legitime

Direct relatives exclude the collaterals

See principles qritten in pga 12

Disposition Mortis Causa

Who will probate?

YES. The will is revocable even if the will is already probated.

Interest of the family may override the will of the decedent.

TAKE NOTE OF THE DISTINCTIONS OF THE TERMS

What may be transmitted?

- When you talk about 1m debt, is it the same to pay rent? NO

Is this on the same footing on the same obligation?

Utangan 1m ang mother. Is the heir liable?

Is monetary obligations part of the inheritance?

“RIGHTS” gani- moment of death; POSSESSION depende if na administer.

IMPT NEXT MEETING: WILLS.

Why is testacy preferred over intestacy? What is the principle behind?

What is the objective of a probate proceeding?

Determining the intrinsic validity of the will.

2 issues in involved in probate:

Sanity and Mental soundness of testator

Solemnities of the will.

Are we adopting the same rule in will and testament?

Law of the country at the time of the making of the will.

PROVISIONS OF THE WILL (more strict)

PLACE- THE NATIONAL LAW OF THE DECEDENT (ART. 15).

Next Meeting: Solemnities of a Will.

Specific requirements (extrinsic) of a will

In repudiation, there is no right of representation. But in disinheritance, there is right of representation

* disinheritance necessarily includes the legitime.

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