Intestate Succession: Causes of Intestacy (Philippine Civil Law)

Intestate succession occurs when a person dies without a valid will, or the will they have left does not dispose of their entire estate. The Philippine Civil Code outlines specific causes of intestacy, which determine when and how an estate is distributed according to the law rather than the decedent’s wishes. Below are the meticulously categorized causes of intestacy under Articles 960 to 1014 of the Civil Code of the Philippines:

1. Absence of a Will (Article 960)

When a person dies without executing a valid will, the estate is distributed via intestate succession.
Example: If an individual dies without preparing or leaving any testamentary document, their heirs will inherit according to the rules of intestacy.

2. Void Will (Article 960)

A will is declared void due to failure to comply with formal or substantive legal requirements.
Example: A will that lacks the proper attestation clause, is not signed by the testator, or was executed under duress is considered void.

3. Total Preterition of Compulsory Heirs (Article 854)

If a will completely omits all compulsory heirs, the omitted heirs receive their rightful shares through intestacy.
- Compulsory heirs include:
  - Legitimate children and descendants
  - Legitimate parents and ascendants
  - Surviving spouse
  - Illegitimate children
Partial preterition, where only some compulsory heirs are omitted, does not result in total intestacy; the omitted heirs are entitled to their legal shares, and the rest of the will remains valid.

4. Ineffective Testamentary Dispositions (Article 960)

A valid will exists, but some of its provisions are invalid or ineffective. These scenarios include:
- Lapsed or revoked legacies and devises.
- Predecease of a beneficiary (without substitution).
- Invalid conditions attached to a testamentary disposition.
- Beneficiary deemed legally incapacitated to inherit.
Example: If a will leaves a legacy to a friend who predeceases the testator and no substitute is named, that portion of the estate devolves through intestacy.

5. Extinction or Exhaustion of Testamentary Property (Article 960)

When the estate's testamentary portion is entirely exhausted or destroyed:
- Any remaining estate not covered by the will passes through intestate succession.
Example: If a testator leaves a specific property to an heir but the property no longer exists at the time of death, the heir cannot inherit, and intestate rules apply.

6. Invalidity of the Institution of Heirs (Article 1027)

If the institution of heirs is nullified due to:
- Uncertainty in designation.
- Illegal conditions imposed by the testator.
- Violation of mandatory formalities.
The estate, or the affected portion, will pass through intestacy.

7. Disinheritance Without Just Cause (Article 918)

A compulsory heir disinherited without valid or just cause will still inherit via intestate succession.
Example: If a father disinherits his legitimate child without proof of a legal ground, the disinheritance is void, and the child inherits under intestate rules.

8. Waiver or Renunciation of Inheritance (Articles 1022-1023)

When an heir renounces their inheritance, the portion renounced is treated as part of the intestate estate and redistributed among the remaining heirs.
Example: If a legitimate child waives their share, their portion is divided among the surviving compulsory heirs.

9. Unworthiness to Inherit (Articles 1032-1033)

Certain acts render an heir unworthy to inherit:
- Conviction of a crime against the decedent, such as parricide or falsification of the will.
- Allegations or accusations against the decedent proven false or malicious.
The disqualified heir’s share passes to other qualified heirs through intestacy.

10. Failure to Fulfill a Condition in a Will (Article 882)

If an heir or legatee fails to meet a condition imposed in the will, their portion reverts to the intestate estate.
Example: A will stipulates that a nephew inherit on the condition that he graduate from law school by a certain date, which he fails to do.

11. Partial Intestacy

If a will only disposes of part of the estate, the remainder not covered by the will passes through intestate succession.
Example: A testator’s will divides only 50% of their estate among named beneficiaries. The remaining 50% is distributed through intestacy.

Order of Intestate Succession (Articles 979-1014)

When intestacy occurs, heirs inherit in the following order of priority:

Legitimate Children and Descendants
- They inherit the entire estate in equal shares.
- Illegitimate children share in the estate but receive half of the legitimate child's share.
Legitimate Parents and Ascendants
- If the decedent has no descendants, the estate goes to ascendants.
Surviving Spouse
- The surviving spouse's share depends on whether there are descendants or ascendants:
  - Equal share with legitimate children.
  - One-half of the estate if shared with ascendants.
Illegitimate Children
- If no legitimate children or ascendants exist, illegitimate children inherit alone or share with the surviving spouse.
Collateral Relatives (Brothers, Sisters, and Nephews/Nieces)
- If no compulsory heirs exist, the estate passes to collateral relatives up to the fifth degree.
The State
- If no heirs exist, the estate escheats to the State.

Conclusion

Understanding the causes of intestacy ensures that estate distribution complies with the law. Practitioners must meticulously examine the validity of wills, the presence of compulsory heirs, and legal impediments to inheritance to determine when and how intestacy applies. The Civil Code provides clear guidelines to safeguard both the deceased's estate and the rightful heirs.