WILL - HEIRS and Capacity To Succeed
WILL - HEIRS and Capacity To Succeed
WILL - HEIRS and Capacity To Succeed
HEIRS
I. Compulsory heirs
Art. 887, 902, 992 903 NCC
- There are generally three classes of heirs: voluntary,
legal/intestate and compulsory
The rule in Art. 992 of the NCC has consistently been applied by the
Court in several other cases. Thus, it has ruled that:
a. where the illegitimate child had half brothers who were
legitimate, the latter had no right to the former’s inheritance;
b. the legitimate collateral relatives of the mother cannot succeed
from her illegitimate child;
c. a natural child cannot represent his natural father in the
succession to the estate of the legitimate grandparent;
d. the natural daughter cannot succeed to the estate of her
deceased uncle who is a legitimate brother of her natural father;
and
e. an illegitimate child has no right to inherit ab intestato from the
legitimate children and relatives of his father (Manuel vs. Ferrer,
August 21, 1995).
Relationship
Arts. 963-967 NCC
Article 963. Proximity of relationship is determined by the
number of generations. Each generation forms a degree.
Determination of Proximity of Relationship
The former unites the head of the family with those who
descend from him.
Computation of Degrees
The Article illustrates how degrees of generation are
computed. Stated otherwise, Art. 966 gives direction
in the determination of the degree of relationship of
the collateral relatives to the decedent
1. Legitimate children
a. Exclude parents, collaterals and State
b. Concur with surviving spouse and illegitimate children
c. Excluded by no one
2. Illegitimate children
a. Exclude illegitimate parents, collaterals and State
b. Concur with surviving spouse, legitimate children, and legitimate
parents
c. Excluded by no one
3. Legitimate parents
a. Exclude collaterals and the State
b. Concur with illegitimate children and surviving spouse
c. Excluded by legitimate children
4. Illegitimate parents
a. Exclude collaterals and State
b. Concur with surviving spouse
c. Excluded by legitimate children and illegitimate children
5. Surviving spouse
a. Excludes collaterals other than brothers, sister, nephews and
nieces, and State
b. Concurs with legitimate children, illegitimate children, legitimate
parents, illegitimate parents, brothers, sisters, nephews and
nieces
c. Excluded by no one
7. Other collaterals
a. Exclude collaterals in remoter degrees and the State
b. Concur with collaterals in the same degree
c. Excluded by legitimate children, illegitimate children, legitimate
parents, illegitimate parents, surviving spouse, brothers and
sisters, and nephews and nieces
8. State
a. Excludes no one
b. Concurs with no one
c. Excluded by everyone (Balane, 2010)
Iii. Legatees
(782)
- Those called to succeed by operation of law
- which means that a person was given the gift of
personal property in a will
Iv. Devisees
(782)
- a person was given a gift of real property in a will
ii. Living
- Arts. 1025, 40, 41, 1024 NCC
NOTE: This provision has been superseded by Art. 5 of P.D. No. 603 (The
Child and Youth Welfare Code), which declares that the civil personality of
the child shall commence from the time of his conception, for all purposes
favorable to him, subject to the requirements of Art. 41.
Scope of disqualification
These testamentary provisions/donations mortis causa are
considered as void for reasons of public policy
Criminal conspiracy
Unlike Article 739(1), the disqualification contemplates a
decision of a criminal offense and the gift was given to a
co-conspirator perhaps share to the loot. To fall within this
disqualification, the heir must be given a bequest by the
testator in consideration for the commission of an offense.
Purpose:
The purpose of disinheritance is not vengeance BUT
RETRIBUTION inasmuch as there can possibly be no
feelings of vengeance between parents and children or
between husband and wife at the supreme hour of death.”
The object of disinheritance is to punish the ungrateful, the
culpable, the cruel, the unnatural heir, or an unfaithful
spouse.
A disinheritance excludes the heir not only from the legitime but also
from the free portion; in other words, he is completely excluded from
the inheritance.
(g) The cause must be STATED in the WILL itself (Art. 918).
(Although the exact words of the law need not be used nor
details given, nor is it essential that the statement of the fact
of disinheritance and the statement of the cause be made
together in one will or instrument as long as a necessary
connection is proved. Neither is it essential that the
disinheritance be made in the same instrument by which the
testator provides for the disposition of his properties mortis
causa, for the law merely says “a will,” meaning “any will”).
(Merza v. Paras, L-4888, May 25, 1953).
(h) The heir disinherited must be clearly identified, so that
there will be no doubt as to who is really being disinherited.
(i) The will must not have been revoked — at least insofar
as the disinheritance is concerned.
Characteristics of Reconciliation
(a) Reconciliation needs no special form; therefore it may be
expressed or implied. (Ultimately, this is a judicial question of fact).
There is implied or presumed reconciliation if the parties live again
in the same house.
Effects of Reconciliation
(a) If no disinheritance has been made yet, no disinheritance
can now be done. (Art. 922).
(b) Disinheritance already made is rendered INEFFECTUAL;
in other words, it is as if there had been no disinheritance at all. (Art.
922)
(c) If the cause for unworthiness was NOT made the ground
for disinheritance, or there has been no disinheritance at all,
Art. 1033 will apply.
Art. 1033 says: “The causes of unworthiness shall be without
effect if the testator had knowledge thereof at the time he
made the will, or if having known of them subsequently, he
should condone them in writing.”
Computation
OBJECTIVE
ELEMENTS OF
SUCCESSION