CIVIL LAW: WILLS AND SUCCESSION IN THE PHILIPPINES

In Philippine civil law, wills and succession are primarily governed by the Civil Code of the Philippines. This area of law deals with the orderly transfer of a deceased person’s estate, which includes property, rights, and obligations, to their heirs or successors. Here, I’ll detail key concepts, legal requirements, distinctions, and processes involved in wills and succession under Philippine law.

I. GENERAL PRINCIPLES OF SUCCESSION

Succession is the mode of transferring ownership or rights to a person’s estate upon their death. Philippine succession law provides several means by which succession may occur:

Testamentary Succession: Succession through a valid will.
Intestate Succession: Succession without a will, whereby the estate is distributed according to the provisions of the Civil Code.
Mixed Succession: Succession that combines testamentary and intestate elements, occurring when the will does not dispose of the entire estate.

II. ESSENTIAL TERMS

Decedent: The person who has died and whose estate is to be administered.
Heir: Any person called to the succession, whether by will or by law.
Devisee/Legatee: A person designated in the will to receive personal or real property (specifically, personal property for legatees and real property for devisees).
Estate: The property, rights, and obligations left by the decedent.

III. TYPES OF WILLS

The Philippine Civil Code recognizes two types of wills:

Notarial (Ordinary) Will: A will that follows stringent formal requirements, including notarization.
Holographic Will: A will entirely handwritten by the testator, signed, and dated.

Validity Requirements for Wills

The testator must be of legal age (18 or older) and must have testamentary capacity (sane and free from undue influence).
The will must meet formal requirements specific to its type (notarial or holographic).

Notarial Will Requirements

A notarial will must:

Be written in a language known to the testator.
Include at least three credible witnesses.
Be signed by the testator and each page must be signed at the bottom to avoid fraud.
Be acknowledged by the testator and witnesses before a notary public.

Holographic Will Requirements

A holographic will:

Must be entirely handwritten, dated, and signed by the testator.
Needs no witnesses or notarization for validity.

IV. TESTAMENTARY CAPACITY AND FREEDOM

Testamentary Capacity: The legal ability of a person to make a will. A testator must be at least 18 years of age and must be of sound mind.
Freedom of Disposition: Philippine law permits testators to freely dispose of their properties in a will, subject to the limitations of compulsory heirs.

V. COMPULSORY HEIRS AND LEGITIME

Compulsory Heirs: These are persons whom the law mandates to receive a portion of the estate, regardless of the testator’s wishes. They include:
- Legitimate children and descendants.
- Legitimate parents and ascendants.
- The surviving spouse.
Legitime: The portion of the estate that must be reserved for compulsory heirs. It is a minimum share that cannot be withheld except under legally specified grounds.

Computation of Legitime

The legitime is computed from the net estate of the deceased, which is the gross estate minus debts and obligations.
Example: If a decedent is survived by a spouse and three children, each child receives an equal share of the estate’s legitime, and the spouse also receives a legally mandated portion.

VI. DISINHERITANCE

A testator may exclude a compulsory heir through disinheritance, which must be:

Expressed in a will.
Based on specific legal grounds (e.g., abuse, attempt on life, serious offenses).
Complied with according to procedural requirements.

If the grounds for disinheritance are not stated or are legally insufficient, disinheritance is null, and the heir may claim their rightful share.

VII. REVOCATION, ALTERATION, AND REPUBLICATION OF WILLS

Revocation: A will can be revoked at any time by the testator, either by creating a new will or by a deliberate act of destruction.
Alteration: Any modification of a will must comply with the same formalities as creating a new will.
Republication: A will can be republished by an act that reaffirms its contents, such as by creating a codicil (a supplement to a will).

VIII. INTESTATE SUCCESSION

When a person dies without a valid will, intestate succession applies. The estate is then distributed according to a legal hierarchy:

Primary Heirs: Legitimate and illegitimate children or descendants.
Secondary Heirs: Legitimate parents and ascendants.
Collateral Heirs: Siblings, nephews, and nieces.
Surviving Spouse: The spouse has a specific share depending on the presence of other heirs.

Order of Intestate Succession

The order prioritizes descendants, then ascendants, and finally collaterals. If no legal heirs exist, the estate may escheat to the state.

IX. ADMINISTRATION OF ESTATES

After death, an estate must undergo settlement. This process may occur through:

Extrajudicial Settlement: For estates without debts and with all heirs in agreement, allowing the estate to be divided without court involvement.
Judicial Settlement: Required if there are disagreements among heirs or outstanding debts.

Steps in Judicial Settlement

Filing a Petition: An heir or interested party files a petition for settlement in court.
Appointment of an Executor or Administrator: This person is responsible for managing the estate’s distribution.
Payment of Debts and Obligations: All debts must be paid from the estate before distribution to heirs.
Distribution: Remaining assets are distributed according to the will or, in the case of intestacy, according to legal provisions.

X. PROBATE OF WILLS

The probate process is a judicial procedure to authenticate a will:

Probate of Notarial Wills: Presented in court to confirm its authenticity and compliance with legal formalities.
Probate of Holographic Wills: Requires evidence from at least one witness who can confirm the handwriting and signature of the testator.

Contesting a Will

Grounds for contesting include:

Lack of testamentary capacity.
Undue influence or coercion.
Fraud, forgery, or lack of formalities.

XI. RENUNCIATION AND WAIVER OF INHERITANCE

Heirs may renounce their inheritance rights, either entirely or partially. This renunciation must be clear and explicit, and once made, it is generally irrevocable.

XII. SUCCESSION RIGHTS OF ILLEGITIMATE CHILDREN

Illegitimate children, while considered heirs, have a reduced share compared to legitimate children:

Illegitimate children are entitled to half the share of legitimate children.
If the decedent leaves no legitimate children or parents, illegitimate children inherit the entire estate.

XIII. LEGAL CONSEQUENCES OF VOID OR VOIDABLE WILLS

A void will or disposition has no effect, meaning the estate is distributed as though the decedent died intestate. Grounds for nullity may include the absence of testamentary capacity, improper formalities, or unlawful clauses.

XIV. CONCLUSION

Philippine law on wills and succession balances respect for the testator’s wishes with the protection of compulsory heirs’ rights. Proper compliance with the formalities and principles governing wills and succession is crucial to ensuring that the testator’s estate is distributed as intended and in accordance with the law.

This legal framework provides a structured and equitable approach to succession, intending to preserve family relations and honor both the deceased’s wishes and the rights of heirs.