Succession | WILLS AND SUCCESSION

Philippine Civil Law: Wills and Succession

Under the Philippine Civil Code, the law on wills and succession is found in Book III, Title IV, which regulates the transfer of rights, properties, and obligations from a deceased person (decedent) to their heirs, whether by will (testamentary succession) or by operation of law (intestate succession). The law prioritizes family interests and aims to protect the decedent's close relatives, ensuring their support through succession.

I. Types of Succession

There are three main types of succession under Philippine law:

1. Testamentary Succession: This occurs when a person disposes of their estate through a will (last will and testament). Testamentary succession is subject to certain limitations, especially on the legitime (or mandatory share) of compulsory heirs.

2. Intestate Succession: Intestate succession applies when the decedent leaves no will, or the will is invalid, void, or incomplete. The Civil Code prescribes rules for the distribution of the estate among legal heirs.

3. Mixed Succession: In cases where a decedent’s will partially disposes of their estate, the undisposed portion is distributed via intestate succession.

II. Testamentary Succession

A. Will Requirements

1. Types of Wills:

   • Notarial Will: A formal document executed in the presence of at least three credible witnesses and notarized.
   • Holographic Will: A will entirely written, dated, and signed by the testator. It does not require witnesses.

2. Capacity to Make a Will:

   • The testator must be at least 18 years old and of sound mind.
   • Soundness of mind means the testator understands the nature of the testamentary act, the extent of their estate, and the beneficiaries.

3. Revocation of Wills:

   • Wills may be revoked by a subsequent will, a document declaring revocation, or by an act that implies revocation (e.g., destruction).
   • Revocation must be intentional and made by the testator.

4. Formalities and Validity:

   • Notarial wills must adhere strictly to formal requirements. Even minor defects can render a will void.
   • Holographic wills require minimal formality but must be entirely in the testator’s handwriting.

B. Essential Components

1. Institution of Heir:

   • The institution of an heir is the appointment of a person to succeed to the entire estate or a fraction thereof.
   • Institutions must be clear; ambiguities can lead to intestate succession.

2. Legitime:

   • The legitime is the compulsory portion reserved by law for compulsory heirs.
   • Compulsory heirs include legitimate children and descendants, legitimate parents and ascendants, the widow/widower, and in some cases, illegitimate children.
   • The legitime restricts the testator’s freedom to dispose of their estate.

3. Disinheritance:

   • Disinheritance is the exclusion of a compulsory heir from their legitime.
   • Disinheritance must be express and must be based on valid grounds as specified in the Civil Code, such as maltreatment or attempted violence.

III. Intestate Succession

When a person dies without a valid will, the law prescribes a succession order based on familial relationships.

A. Heir Classification

1. Primary Heirs:

   • Legitimate and illegitimate children or their descendants inherit first.
   • Legitimate children generally exclude other classes of heirs, except for the surviving spouse.

2. Secondary Heirs:

   • In the absence of legitimate children or descendants, legitimate parents and ascendants inherit.
   • Ascendants include grandparents or direct relatives of the same line.

3. Concurring Heirs:

   • The surviving spouse generally concurs with primary or secondary heirs.
   • Illegitimate children also inherit in concurrence with other heirs.

4. Collateral Relatives:

   • Siblings and nephews/nieces may inherit if no primary, secondary, or concurring heirs exist.
   • In the absence of relatives up to the fifth degree, the State inherits the estate.

B. Intestate Shares

1. Order of Shares:

   • The Civil Code provides specific rules on shares based on combinations of heirs (e.g., spouse and children, children and ascendants).
   • Generally, intestate succession aims to prioritize close family members, ensuring they receive support and ownership of the estate.

2. Division Rules:

   • Legitimate children generally share equally.
   • Legitimate and illegitimate children share, with illegitimate children receiving half the share of legitimate children.
   • The spouse’s share depends on the presence of other heirs.

IV. Rights and Obligations of Heirs

1. Acceptance and Repudiation of Inheritance:

   • Heirs have the right to accept or repudiate the inheritance.
   • Repudiation must be express and recorded. Acceptance may be tacit (e.g., taking possession of estate property).

2. Liability of Heirs:

   • Heirs inherit not only the decedent’s assets but also their obligations, with liability generally limited to the value of the inherited estate.

3. Partition and Distribution:

   • Heirs may agree to divide the estate, or the court may order partition if no agreement is reached.
   • Equal shares are typically allocated, but legitime and preferential rules apply.

V. Special Provisions and Limitations

1. Prohibition Against Inheritance Pacts:

   • Agreements or contracts to dispose of a future inheritance are generally void.

2. Rights of Widows/Widowers:

   • The surviving spouse is entitled to the conjugal or community property share in addition to their legitime.

3. Inheritance Rights of Adopted and Illegitimate Children:

   • Adopted children have the same rights as legitimate children.
   • Illegitimate children are entitled to inherit, but their share is limited to half of a legitimate child’s share.

4. Succession Rights in Case of Simultaneous Death:

   • If two persons die under circumstances that make it unclear who died first, they are deemed to have died simultaneously, and succession is governed accordingly.

VI. Summary of Succession Order in Intestate Succession

1. Legitimate children and their descendants.
2. Legitimate parents and ascendants.
3. Illegitimate children.
4. Surviving spouse.
5. Collateral relatives (siblings and their descendants).
6. The State, in the absence of all heirs.

Conclusion

The Philippine law on wills and succession under the Civil Code meticulously governs the transfer of assets and obligations upon death. The law prioritizes family, ensuring the legitime of compulsory heirs, and carefully regulates both testamentary and intestate succession.