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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Article 843 of the New Civil Code of the Philippines provides that the testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. Even though the testator may have omitted the name of the heir, should he designate him in such a manner that there can be no doubt as to who has been instituted, the institution shall be valid.
Under the Law on Succession of the Philippines, heirs are generally classified into two categories: compulsory heirs and voluntary heirs. While compulsory heirs are those called upon to succeed by operation of law to a portion of the estate known as the legitime, while voluntary heirs are designated by the testator through a will. This article focuses on the latter — the “other” heirs who inherit not by right of blood or law, but by the express intention of the decedent.
Succession is a legal mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by his will or by operation of law.(Article 774 of the New Civil Code of the Philippines)
Under Article 840 of the New Civil Code of the Philippines, the institution of heir is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations.
It is through this institution that voluntary heirs are created, not by blood, not by statute, but by the testator’s designation.
Who qualifies as a Voluntary Heir?
Article 843 of the New Civil Code of the Philippines provides that the testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. Even though the testator may have omitted the name of the heir, should he designate him in such a manner that there can be no doubt as to who has been instituted, the institution shall be valid.
Errors in name of the Voluntary Heir
An error in the name, surname, or circumstances of the heir shall not vitiate the institution when it is possible, in any other manner, to know with certainty the person instituted. (Article 844 of the New Civil Code of the Philippines)
When Identity Cannot Be Determined
If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of other proof, the person instituted cannot be identified, none of them shall be an heir. (Article 844 of the New Civil Code of the Philippines)
In case of designation in favor of unknown persons, Article 845 of the New Civil Code of the Philippines states that every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. However, a disposition in favor of a definite class or group of persons shall be valid.
Death of the Voluntary Heir before the testator
A voluntary heir who dies before the testator transmits nothing to his heirs. (Article 856 of the New Civil Code of the Philippines)
Voluntary heirs occupy a unique place in Philippine succession law. Their right to inherit is rooted not in bloodline, but in the expressed will of the testator. The Civil Code ensures that the testator’s intention is respected while providing safeguards. As a result, voluntary heirship reflects the delicate balance between testamentary freedom and the protection of legal heirs.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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Very helpful to a layman like me. Clearly presented. Thanks