Class Notes - Wills
Class Notes - Wills
Fideicomissary substitution I give all of my properties to A, but upon his death, whatever shall remain shall go to his son C. (no obligation to preserve and transmit the properties, PCIB v Escolin) Testator gives 1/2 of his parcel of land to his niece, and the other 1/2 to the brothers of the testator. Upon the death of my niece, whether before or after my own death, the 1/2 wil be passed to my brothers or their own heirs. No FC (Crisologo v. Singson) You can only have FS either: 1. by expressly calling it by that name; and 2. by imposing upon a first heir, the absolute obligation to preserve and transmit the properties to another heir Suppose that T died in 1985 giving his entire estate to his sons, A and B. T died in 1995, 4 months later, Ts wife gave birth to C. Is there preterition? -YES, a compulsory heir in the direct line may be living at the time of the execution of the will, or born after the death of the testator. A voluntary heir does not transmit any right, if he predeceases the testator In case of a compulsory heir, however, there is a right of representation only as to the LEGITIME, not upon the free portion because in TESTAMENTARY succession, the right of representation pertains only to the legitime and not the free portion The heir, whether voluntary or compulsory, CANNOT transmit any right to his own heirs in case of repudiation because Article 977 enunciates that heirs who repudiate CANNOT be represented.