WHAT IS LEGAL SUCCESSION?

 

Photo from Unsplash | Rajiv Perera

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.

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AT A GLANCE:

Succession is a 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)

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Article 960 of the New Civil Code of the Philippines states that legal or intestate succession takes place:

1. If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
2. When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;
3. If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;
4. When the heir instituted is incapable of succeeding, except in cases provided in this Code.

 

In applying legal or intestate succession, it must be noted that under Article 962 of the New Civil Code of the Philippines that in every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. 

 

Let’s Apply. 

Jose Mari, a widower, has an estate in the total amount of Sixty Million Pesos (PhP60,000,000.00) and has three children named Gerard Franco, Ryan, and Rene. For reasons only known to Jose Mari, his favorite child is Gerard Franco. He was very vocal about it.

 

In fact, he says he would give Gerard Franco the bulk of his estate amounting to Forty Million Pesos (PhP 40, 000, 000. 00). He says he would give Ryan and Rene both the amount of Ten Million Pesos (PhP 10, 000, 000.00) each) which is actually their lawful share.

 

The intention of Jose Mari in giving the bulk of his estate to Gerard Franco is still in accordance with law only if he executes a Will. Under the law, if Jose Mari executes a Will, he can freely donate one-half of his estate which is Thirty Million Pesos (PhP 30,000,000.00) to anyone he desires. The other half which is called legitime cannot be freely disposed of by Jose Mari to persons other than Gerard Franco, Ryan, and Rene who are all his compulsory heirs.

 

If Jose Mari really meant what he said, the best way to prove it is by executing a Will. Otherwise, Jose Mari did not actually mean what he said. In this case, there is no way for Gerard Franco to receive that Forty Million Pesos (Php 40,000,000.00) estate of his father Jose Mari.

 

Why is that so?

 

The law says:

 

Under Article 961 of the New Civil Code of the Philippines, in default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State.

 

If a person (decedent) dies without a Will, the law takes over. This means that it is the law which will dictate the proper distribution of the whole estate of a decedent to his compulsory heirs. Strangers or friends will not get any from the decedent. This is called Legal or Intestate Succession

 

Applying the law to our example above, the whole estate of Jose Mari amounting to Sixty Million Pesos (PhP 60,000,000.00) will be distributed equally to his children namely: Gerard Franco, Ryan, and Rene being his only compulsory heirs. Thus, each compulsory heir will receive Twenty Million Pesos (PhP 20,000,000.00) each.

 

But, in case Jose Mari actually executed a Will without the formalities required by law as it was not written and executed in a language or dialect known to him? Still, legal or intestate succession takes place.

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