Compulsory Succession

Preterition vs. Defective Disinheritance | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Preterition vs. Defective Disinheritance: An In-Depth Legal Analysis

Under Philippine civil law, the concepts of preterition and defective disinheritance are pivotal to the discussion of compulsory succession, specifically when addressing the validity of a testamentary disposition. Both are governed by the Civil Code of the Philippines, particularly Articles 854 and 918 to 924, and the doctrines on the rights of compulsory heirs. Below is a detailed analysis of their definitions, distinctions, and legal implications.

Preterition (Article 854 of the Civil Code)

Definition
Preterition occurs when a testator completely omits a compulsory heir in their will, whether by instituting other heirs or by disposing of their entire estate without acknowledging the compulsory heir’s existence.

Requisites of Preterition

  1. Complete Omission: The compulsory heir is neither expressly instituted nor expressly disinherited in the will. They are entirely excluded.
  2. Coverage of the Entire Estate: The will disposes of all the testator’s property, leaving no share for the omitted compulsory heir.
  3. Heir’s Status as a Compulsory Heir:
    • Legitimate children and descendants
    • Legitimate parents and ascendants
    • Surviving spouse

Legal Effects of Preterition

  1. Total Annulment of the Institution of Heirs:
    • The entire testamentary disposition is rendered void with respect to the instituted heirs.
    • The testator's property is distributed according to intestate succession as if no will existed.
  2. Preservation of Other Testamentary Provisions:
    • Only the institution of heirs is void; other provisions such as legacies and devises remain valid, provided they do not impair the legitimes of the omitted compulsory heirs.

Exceptions to Preterition

  • If the omission is unintentional or due to the testator’s ignorance of the heir’s existence (e.g., unknown paternity or a subsequent birth of a child post-will execution), the institution of heirs may still be valid, subject to the compulsory heir’s legitime.

Defective Disinheritance (Articles 918 to 924 of the Civil Code)

Definition
Defective disinheritance arises when a compulsory heir is expressly disinherited in a will, but the disinheritance is rendered invalid due to non-compliance with statutory requisites.

Requisites for Valid Disinheritance

  1. Grounds for Disinheritance: Must be explicitly stated and must fall within the legal grounds enumerated in Articles 919 to 921 (e.g., maltreatment, conviction of a crime against the testator, etc.).
  2. Form and Substance: Disinheritance must be made in the form of a will and must explicitly state the legal cause.
  3. Truth of the Allegation: The cause stated must be proven true. If unsubstantiated, the disinheritance is void.
  4. No Forgiveness: If the testator has expressly or implicitly forgiven the compulsory heir, disinheritance becomes ineffective.

Legal Effects of Defective Disinheritance

  1. Ineffectiveness of the Disinheritance Clause:
    • The compulsory heir remains entitled to their legitime.
    • The invalid disinheritance does not affect the validity of the rest of the will.
  2. Reduction of Institution or Dispositions:
    • Any testamentary provisions exceeding the disposable free portion of the estate are reduced to ensure the compulsory heir’s legitime.

Distinctions Between Preterition and Defective Disinheritance

Aspect Preterition Defective Disinheritance
Definition Total omission of a compulsory heir. Invalid disinheritance of a compulsory heir.
Action of the Testator No mention of the heir in the will. Explicit mention, but disinheritance is invalid.
Legal Consequences Annuls the institution of heirs; intestacy applies. Heir’s legitime is restored; no annulment of will.
Effect on Will Institution of heirs void; legacies/devise preserved. Entire will remains valid except disinheritance.
Examples A will leaving all property to friends, omitting a child. Disinheriting a child for alleged ingratitude without proof.

Case Law and Applications

Preterition

  • Bonilla v. Barcena (G.R. No. L-37445): The Supreme Court clarified that the omission of a legitimate child, even if unintentional, leads to the annulment of the institution of heirs, but the rest of the will may stand.

Defective Disinheritance

  • Uy Sioca v. Chua Co (G.R. No. L-7271): The court emphasized the necessity of stating valid legal grounds for disinheritance, declaring the disinheritance void if the grounds are absent or untrue.

Conclusion

In compulsory succession under Philippine law, preterition and defective disinheritance both protect the rights of compulsory heirs but operate differently. Preterition focuses on total omission, leading to the annulment of heir institutions, while defective disinheritance involves an invalid attempt to exclude an heir, preserving their legitime while maintaining the validity of the rest of the will. These doctrines ensure that the legitime of compulsory heirs remains sacrosanct, reflecting the law's policy of safeguarding familial rights in succession.

Effect of Reconciliation | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Effect of Reconciliation in Disinheritance

Disinheritance, under Philippine civil law, is a solemn and formal act by which a testator deprives a compulsory heir of their inheritance for legally recognized causes. It is regulated by the Civil Code of the Philippines, specifically under Articles 915 to 920, in conjunction with other provisions on wills and succession. A notable issue in disinheritance is the effect of reconciliation between the testator and the disinherited compulsory heir.

Key Legal Framework:

  • Article 919, Civil Code of the Philippines:
    • "Reconciliation between the offender and the offended person deprives the latter of the right to disinherit him, and renders ineffective such disinheritance already made."

This article governs the effect of reconciliation on disinheritance, providing that reconciliation restores the compulsory heir's right to inherit despite prior disinheritance.

Key Points on Reconciliation and Its Effects:

  1. Nature of Reconciliation:

    • Reconciliation is an act of forgiving and restoring relations between the testator and the disinherited heir.
    • The reconciliation must occur before the testator's death to have legal effect.
    • It may be explicit (through a written or verbal acknowledgment of restored relations) or implicit (demonstrated by unequivocal actions suggesting forgiveness).

  2. Timing of Reconciliation:

    • Before the Execution of the Will or Codicil: If reconciliation occurs before the testator executes the will or codicil containing the disinheritance, the testator cannot validly disinherit the heir.
    • After the Execution of the Will: If reconciliation happens after the will containing the disinheritance is executed, the disinheritance becomes ineffective, and the heir's rights are restored.

  3. Scope of Restoration:

    • The reconciliation deprives the testator of the right to disinherit the heir for the same cause.
    • It does not necessarily prevent disinheritance for other valid causes that may arise subsequently.

  4. Legal Consequences of Reconciliation:

    • Nullification of Disinheritance: The compulsory heir regains their share in the estate as if the disinheritance never occurred.
    • Compulsory Share Restored: The compulsory heir is entitled to their legitime as prescribed by law.

  5. Proof of Reconciliation:

    • Reconciliation is a factual issue, and the burden of proof lies with the compulsory heir claiming restoration of rights.
    • Evidence may include affidavits, witness testimony, correspondence, or other documents showing the reconciliation.

  6. Formalities and Substantive Requirements:

    • For the reconciliation to take effect, the cause for disinheritance must be personal to the disinherited heir and subject to forgiveness by the testator (e.g., abuse, dishonor, or crime committed by the heir against the testator).
    • Disinheritance for causes involving public policy or unalterable circumstances may not be affected by reconciliation (e.g., unworthiness under Articles 1032 to 1039 of the Civil Code).

Practical Considerations:

  1. Impact on Estate Planning:

    • Reconciliation requires careful documentation in estate planning. If the reconciliation occurs, it may necessitate amendments or revocation of existing wills to align with the testator's intentions.
    • Counsel for the testator should advise them to formally address reconciliation in writing to avoid future disputes.

  2. Litigation Risks:

    • Reconciliation can be a contentious issue during probate proceedings, with heirs disputing whether genuine reconciliation occurred.
    • Courts typically assess the testator’s actions and intent, making clarity in record-keeping essential.

  3. Drafting and Interpretation:

    • When drafting wills, lawyers should include provisions addressing the possibility of reconciliation and its intended effect on disinheritance, to mitigate future ambiguities.

Jurisprudence on Reconciliation and Disinheritance:

Philippine courts have ruled on cases involving the effects of reconciliation on disinheritance, emphasizing the following principles:

  • The law upholds the testator’s intent but recognizes the restorative effects of reconciliation.
  • Ambiguities or doubts regarding reconciliation are resolved in favor of the heir’s right to inherit, given the law’s policy favoring family solidarity and protecting compulsory heirs.

Conclusion:

Reconciliation between the testator and the disinherited heir fundamentally alters the legal standing of disinheritance in Philippine law. It nullifies disinheritance and restores the compulsory heir’s share, reflecting the law’s emphasis on familial forgiveness and equity. Proper documentation of reconciliation and careful estate planning are crucial to avoiding disputes and ensuring the testamentary wishes of the testator are honored.

Effects of Disinheritance | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 2. Compulsory Succession > f. Disinheritance > iii. Effects of Disinheritance

Under Philippine law, disinheritance is a formal and solemn act by which a testator deprives a compulsory heir of his share in the inheritance for a just cause, as enumerated in the Civil Code of the Philippines. The effects of disinheritance are governed by specific provisions to ensure that the act is valid, enforceable, and consistent with the principles of justice and equity.

1. Valid Disinheritance and Its Effects

For disinheritance to take effect, the following requisites must be strictly complied with:

  1. Formality: The disinheritance must be expressed in a will that complies with the formalities of a valid will.
  2. Cause: The cause for disinheritance must be expressly stated in the will and must conform to the just causes enumerated under Article 919 of the Civil Code.
  3. Truth of the Cause: The cause must be real, not simulated, and proven if contested.
  4. Specification: The compulsory heir disinherited must be identified with sufficient clarity in the will.

If all these requirements are satisfied, the disinheritance produces the following effects:

  1. Deprivation of Legitime:

    • The disinherited heir is excluded from their legitime, which is the portion of the estate reserved by law for compulsory heirs.
    • The legitime of the disinherited heir is redistributed among the remaining compulsory heirs in proportion to their respective legitimes (Article 923, Civil Code).

  2. Loss of Successional Rights:

    • The disinherited person is excluded from both the legitime and the free portion of the estate unless reinstated or found to have been disinherited improperly.
    • The disinherited heir may not inherit by intestate succession from the testator.

  3. Transmission to Substitutes:

    • If the disinherited compulsory heir has descendants, such descendants are not affected by the disinheritance, provided they are not specifically disinherited themselves (Article 922, Civil Code).
    • The descendants step into the shoes of the disinherited heir and inherit their legitime by representation.

  4. Recognition of Conditional Disinheritance:

    • A disinheritance conditioned upon the occurrence of a specific event or the continued existence of a just cause takes effect conditionally. If the cause ceases to exist before the testator’s death, the disinheritance is rendered void (e.g., reconciliation between the testator and the heir).

2. Invalid or Ineffective Disinheritance and Its Effects

Disinheritance is rendered invalid or ineffective if any of the above requisites are not met. The following are the consequences:

  1. Reinstatement of Heir:

    • The disinherited heir is automatically reinstated to their rightful share in the inheritance, including their legitime.
    • The heir is treated as if no disinheritance was made.

  2. Void Clauses:

    • If the stated cause is untrue or not one of the causes provided under Article 919, the disinheritance is void. The testator’s intentions are not given effect.

  3. Doctrine of Preterition:

    • If a compulsory heir entitled to a legitime is completely omitted in the will without a valid cause for disinheritance, the entire will may be annulled as to its testamentary dispositions, leaving only the legitime to be distributed in accordance with the rules of intestate succession (Article 854, Civil Code).

3. Grounds for Disinheritance (Article 919, Civil Code)

The just causes for disinheritance differ depending on the type of compulsory heir. Examples include:

  1. For descendants:

    • Commission of an attempt against the life of the testator, spouse, or ascendant.
    • Maltreatment of the testator by word or deed.
    • Conviction of a crime punishable by civil interdiction.
    • Leading a dishonorable or disgraceful life.

  2. For ascendants:

    • Abandonment or maltreatment of the testator when the latter was a minor or incapacitated.
    • Attempting to influence the testator to commit a crime or prevent them from fulfilling legal obligations.

  3. For a spouse:

    • Adultery or concubinage with another person.
    • Attempt against the life of the testator, their descendant, or ascendant.
    • Refusal without just cause to comply with mutual obligations under the marriage.

4. Reconciliation and Revocation of Disinheritance

Reconciliation between the testator and the disinherited heir automatically revokes the disinheritance. This reconciliation can occur at any time before the testator's death and must be proven to have genuinely restored the relationship between the parties.

5. Procedural and Evidentiary Matters

  1. Burden of Proof:

    • The burden of proving the just cause for disinheritance lies with the proponent of the will, especially if contested.

  2. Presumptions:

    • In the absence of a validly stated cause, the law presumes that the compulsory heir retains their right to inherit.

  3. Timeframe for Contesting:

    • Disinheritance may be contested during the probate of the will or within the prescriptive periods for challenging the validity of the testamentary disposition.

6. Practical Implications

  1. Legal Safeguards for Compulsory Heirs:

    • The strict requirements for disinheritance protect compulsory heirs from being unfairly excluded from their legitimate inheritance.

  2. Role of the Courts:

    • Courts exercise strict scrutiny over the validity of disinheritance. Any ambiguity in the will or the stated cause is interpreted in favor of the disinherited heir.

  3. Estate Planning Considerations:

    • Testators should carefully consult with legal experts to ensure that the disinheritance complies with the formal and substantive requirements of the law.

By adhering to the strict statutory provisions, Philippine law upholds both the testator’s freedom of disposition and the legitimate rights of compulsory heirs, balancing equity with testamentary intent.

Grounds | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Grounds for Disinheritance under Philippine Law (Civil Law)

Disinheritance is an act by which a testator, through a valid will, deprives a compulsory heir of their inheritance. It is strictly regulated under the Civil Code of the Philippines to prevent abuses and ensure fairness, given the mandatory nature of compulsory succession.

Below are the specific grounds for disinheritance as provided in Articles 919 to 921 of the Civil Code:

1. Grounds for Disinheritance of Children and Descendants (Article 919):

Children or descendants may be disinherited for any of the following causes:

  1. Accusation of a crime against the testator:

    • Conviction for a crime involving attempts against the life of the testator, their spouse, ascendants, or descendants.
    • The crime must be proven by final judgment.

  2. Cruelty or maltreatment:

    • If a child or descendant causes physical or mental harm to the testator.

  3. Insult or dishonor:

    • If a child or descendant is guilty of serious acts of insult or dishonor toward the testator.

  4. Undue influence:

    • Using force, deceit, intimidation, or undue influence to compel the testator to change their will.

  5. Refusal of support:

    • Failing to comply with a legal obligation to support the testator.

  6. Adulterous relationships:

    • Leading a dishonorable life or engaging in acts that bring disgrace to the family.

2. Grounds for Disinheritance of Parents and Ascendants (Article 920):

Parents or ascendants may be disinherited for the following reasons:

  1. Attempt on the life of the testator:

    • Conviction for an attempt against the life of the testator, their spouse, or descendants.

  2. Cruelty or maltreatment:

    • If the parent or ascendant subjects the testator to maltreatment or cruelty.

  3. Abandonment or neglect:

    • If the parent or ascendant fails to provide support to the testator when legally required to do so.

  4. Compelling a will:

    • Using force, deceit, intimidation, or undue influence to coerce the testator to change their will.

  5. Prostitution or corruption:

    • Leading a dishonorable life or corrupting the morals of the testator or other family members.

3. Grounds for Disinheritance of the Spouse (Article 921):

The spouse may be disinherited for any of the following reasons:

  1. Attempt on the life of the testator:

    • Conviction for an attempt against the life of the testator, their descendants, or ascendants.

  2. Grounds for legal separation:

    • Acts that constitute a valid ground for legal separation under the Family Code, such as:
      • Repeated physical violence or abusive conduct.
      • Attempt to corrupt or induce the petitioner, a common child, or a child of the petitioner to engage in prostitution or corruption.
      • Drug addiction or habitual alcoholism.
      • Lesbianism or homosexuality.
      • Infidelity or perversion.
      • Attempt by one spouse to kill the other.

  3. Abandonment or neglect:

    • Abandoning the testator without justifiable cause.

  4. Refusal to support:

    • Failing to fulfill the obligation of providing support to the testator.

Conditions for Valid Disinheritance:

To be legally valid, disinheritance must meet the following requirements:

  1. Express and clear in the will:

    • Disinheritance must be explicitly stated in the will and the cause must be clearly and unequivocally stated (Article 916).

  2. Just cause:

    • There must be a valid ground recognized under Articles 919–921.

  3. Proof of the cause:

    • The cause must be proven if contested. In the absence of proof, disinheritance may be declared void.

  4. Compliance with formalities:

    • The will must comply with the legal formalities required under the Civil Code.

  5. No reconciliation:

    • If reconciliation occurs between the testator and the disinherited heir, the disinheritance becomes void (Article 922).

Effect of Invalid Disinheritance:

If disinheritance is declared invalid for any reason (e.g., lack of proof, failure to follow formalities), the disinherited heir will retain their right to the compulsory portion of the estate. This ensures that the strict rules protecting compulsory heirs under Philippine law are respected.

Important Notes on Disinheritance:

  • Compulsory heirs cannot be entirely disinherited unless one of the legal grounds is present.
  • Disinheritance affects only the legitimate portion (legitime) of the inheritance; other testamentary dispositions in favor of the heir remain unaffected unless explicitly revoked.
  • Disinheritance does not extend to the heir’s descendants unless expressly stated and legally justified.

By strictly defining the grounds and procedures for disinheritance, the Civil Code seeks to balance the rights of testators with the legal entitlements of compulsory heirs, ensuring fairness and preventing capricious disinheritance.

Requisites | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

DISINHERITANCE: REQUISITES UNDER PHILIPPINE CIVIL LAW

Disinheritance, as governed by Article 915 to 921 of the Civil Code of the Philippines, is the deliberate act of a testator to deprive a compulsory heir of their legitime. It is a strictly regulated act under the law to ensure fairness and avoid abuse. Below are the requisites for a valid disinheritance:

1. LEGAL GROUNDS

Disinheritance can only be effected for specific causes expressly enumerated by law. The causes are exclusive and must strictly be followed. They are outlined in Articles 919, 920, and 921 of the Civil Code, depending on the category of the compulsory heir being disinherited.

  • For Children and Descendants (Art. 919):

    1. When the child has been found guilty of a crime involving physical violence or attempted murder against the testator, his/her spouse, ascendants, or descendants.
    2. When the child has been found guilty of a crime involving adultery or concubinage with the testator's spouse.
    3. When the child has accused the testator of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
    4. When the child has been convicted of a crime resulting in civil interdiction.
    5. When the child leads a dishonorable or immoral life.
    6. When the child causes grave insult or injury to the testator.
    7. When the child has maltreated the testator by word or deed.
    8. When the child has failed to comply with a legal order to support the testator without justifiable cause.

  • For Parents and Ascendants (Art. 920):

    1. When the parent has abandoned the child or induced the child to lead a corrupt life or to commit a crime.
    2. When the parent has attempted against the life of the child.
    3. When the parent has accused the child of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
    4. When the parent has maltreated the child by word or deed.
    5. When the parent leads a dishonorable or immoral life.
    6. When the parent has failed to comply with a legal order to support the child.

  • For Spouse (Art. 921):

    1. When the spouse has been found guilty of a crime involving physical violence or attempted murder against the testator.
    2. When the spouse has accused the testator of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
    3. When the spouse causes grave insult or injury to the testator.
    4. When the spouse has maltreated the testator by word or deed.
    5. When the spouse leads a dishonorable or immoral life.
    6. When the spouse has abandoned the testator without justifiable cause.

2. INCLUSION IN A VALID WILL

Disinheritance must be contained in a valid will. The requisites for the validity of a will under Articles 804 to 818 of the Civil Code must be satisfied. These include:

  • The testator must have testamentary capacity (sound mind and legal age).
  • The will must comply with the formalities prescribed by law (e.g., holographic or notarial wills).
  • The will must clearly and unequivocally express the intention to disinherit.

3. EXPRESS DECLARATION

The disinheritance must be expressly stated in the will, clearly identifying:

  • The person to be disinherited.
  • The specific legal ground for disinheritance.

Implied disinheritance is not recognized under Philippine law. The grounds must be stated with specificity to allow the heir and others to know the basis for the disinheritance.

4. TRUTH OF THE CAUSE

The cause for disinheritance must be true and existing at the time of the disinheritance. A false or non-existent cause renders the disinheritance void.

  • If the ground for disinheritance is contested, the burden of proof rests on the compulsory heir to prove that the alleged cause does not exist.

5. LEGAL EFFECT OF INVALID DISINHERITANCE

If the disinheritance is invalid (e.g., for lack of a legal ground, non-compliance with formalities, or a false cause), the disinherited heir retains their right to their legitime.

6. RECONCILIATION

Under Article 922 of the Civil Code, reconciliation between the testator and the compulsory heir revokes the disinheritance. Once reconciliation is proven, the disinheritance is rendered void, and the heir’s right to their legitime is restored.

7. LIMITATION TO DISINHERITANCE

  • Legitime Cannot Be Waived: The legitime of compulsory heirs is protected by law and cannot be reduced except by valid disinheritance.
  • Freedom of Testation Is Limited: A testator cannot freely disinherit compulsory heirs except for the causes strictly enumerated by law.

JURISPRUDENCE

Several Philippine Supreme Court rulings emphasize strict compliance with the requisites of disinheritance:

  1. Marcos v. Marcos: The Court ruled that failure to explicitly state the cause of disinheritance in the will renders the act void.
  2. Borromeo v. Borromeo: Reiterated that a groundless or false accusation against the testator by the heir does not justify disinheritance without proper evidence.
  3. De Borja v. De Borja: Highlighted that reconciliation nullifies disinheritance.

CONCLUSION

Disinheritance under Philippine law is a delicate and strictly regulated process. It requires adherence to legal grounds, proper formalities, and truthful causes. Any deviation renders the disinheritance void, ensuring that the rights of compulsory heirs are protected against capricious acts of exclusion.

Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 2. Compulsory Succession > f. Disinheritance

1. Definition and Nature of Disinheritance

Disinheritance is the act of depriving a compulsory heir of his share in the inheritance through a will. Under Philippine law, disinheritance is governed by Articles 915 to 921 of the Civil Code of the Philippines. It involves a deliberate and explicit act by the testator, executed in accordance with legal formalities, and must be based on a legal ground provided by law.

2. Essential Characteristics of Disinheritance

  1. Must be Express and in a Will: Disinheritance is valid only if expressly made in a valid will. General statements or informal declarations of intent to disinherit a compulsory heir have no legal effect. (Art. 916)

  2. Must Be Based on Legal Grounds: The law provides an exhaustive list of grounds for disinheritance. Any disinheritance not based on these grounds is void.

  3. Must Be Clear and Unequivocal: The will must clearly state the fact of disinheritance and the specific legal ground relied upon.

  4. Affects Compulsory Heirs Only: Disinheritance applies only to compulsory heirs, i.e., those entitled to a legitime. Other heirs can be excluded without needing to comply with the rules on disinheritance.

3. Compulsory Heirs

The following are compulsory heirs under Philippine law:

  • Legitimate children and descendants
  • Legitimate parents and ascendants
  • Illegitimate children
  • Surviving spouse

These individuals are entitled to a portion of the estate, known as the legitime, which cannot be withheld except through valid disinheritance.

4. Legal Grounds for Disinheritance

The Civil Code enumerates specific grounds for disinheritance for each category of compulsory heir:

A. Disinheritance of Children and Descendants (Art. 919):

  1. Conviction of an attempt against the life of the testator, his spouse, descendants, or ascendants.
  2. Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
  3. Compelled the testator to make a will or change one through violence, intimidation, or fraud.
  4. Having been convicted of adultery or concubinage with the testator’s spouse.
  5. Maliciously causing the testator to lose his liberty, honor, or property.
  6. Habitual maltreatment of the testator by word or deed.
  7. Leading a dishonorable or disgraceful life.
  8. Conviction of a crime punishable by civil interdiction.
  9. Failure to comply with any condition imposed in a previous will.

B. Disinheritance of Parents and Ascendants (Art. 920):

  1. Conviction of an attempt against the life of the testator, his spouse, descendants, or ascendants.
  2. Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
  3. Compelled the testator to make a will or change one through violence, intimidation, or fraud.
  4. Maliciously causing the testator to lose his liberty, honor, or property.
  5. Maltreatment of the testator by word or deed.
  6. Attempting to prevent the testator from making a will, or changing or revoking one, through violence, intimidation, or fraud.

C. Disinheritance of Spouse (Art. 921):

  1. Conviction of an attempt against the life of the testator, his descendants, or ascendants.
  2. Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
  3. Compelled the testator to make a will or change one through violence, intimidation, or fraud.
  4. Maliciously causing the testator to lose his liberty, honor, or property.
  5. Maltreatment of the testator by word or deed.
  6. Having given cause for legal separation.
  7. Having given grounds for loss of parental authority under Article 19 of the Family Code.

5. Effects of Invalid Disinheritance

  1. Void Disinheritance: If disinheritance is not expressly made, is based on an invalid ground, or is not clearly stated, it is void.

    • The compulsory heir retains their right to their legitime.
    • The invalid disinheritance does not affect other provisions of the will unless such provisions depend on the disinheritance.

  2. Reconciliation: Reconciliation between the testator and the disinherited heir nullifies the disinheritance. (Art. 917)

6. Formalities and Procedural Aspects

  1. Inclusion in a Valid Will: Disinheritance must be embodied in a will executed in accordance with legal formalities under Articles 804 to 817 of the Civil Code.

  2. Justification in the Will: The will must explicitly state the specific legal ground for disinheritance. Omission of this ground renders the disinheritance void.

  3. Proof of Grounds: If contested, the person claiming the validity of the disinheritance has the burden of proving the existence of the stated ground.

7. Additional Considerations

  1. Substitution of Heirs: If a compulsory heir is validly disinherited, the legitime passes to their heirs by representation, unless otherwise provided by the will.

  2. Restoration of Rights: If the ground for disinheritance ceases to exist before the death of the testator (e.g., reconciliation), the compulsory heir regains their right to the legitime.

  3. Impact on Legitimate and Illegitimate Heirs: The rules on disinheritance apply uniformly, but the allocation of the estate changes depending on the number and types of heirs.

Disinheritance is a highly technical area of Philippine succession law and must be approached with utmost care and precision. Any deviation from the legal requirements can render the disinheritance void, reinstating the rights of the compulsory heir.

Preterition | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Preterition in Compulsory Succession

Preterition is a significant concept in Philippine succession law, found under Article 854 of the Civil Code of the Philippines. It refers to the omission of a compulsory heir in the direct line (legitimate or illegitimate, whether descendant or ascendant) from the testator's will, either by failing to institute them as heirs or by not providing for them in any way. Below is a meticulous discussion of the principles, requirements, effects, and nuances of preterition:

Definition

Preterition is the omission of a compulsory heir in the direct line (descendants or ascendants) from the will, such that they receive no inheritance at all, whether as instituted heirs, legatees, or devisees. The omitted heir is not expressly disinherited, but they are effectively excluded from any participation in the inheritance.

Requisites for Preterition

For preterition to occur, the following elements must be present:

  1. Omission: A compulsory heir in the direct line (e.g., legitimate children, parents) is completely excluded from the will.
  2. Compulsory Heir in the Direct Line: The omission must pertain to compulsory heirs in the direct line only:
    • Descendants: Legitimate or illegitimate children, legitimate grandchildren (if their parent is deceased).
    • Ascendants: Legitimate parents, legitimate grandparents.
  3. No Express Disinheritance: The omission does not result from valid disinheritance but is merely a failure to recognize or provide for the heir.
  4. Existence of a Will: Preterition applies only when there is a will. It cannot occur in intestate succession.

Effects of Preterition

  1. Total Annulment of the Institution of Heirs:

    • If preterition affects a compulsory heir in the direct line, the institution of heirs in the will is annulled, except for legacies or devises.
    • This means that the omitted compulsory heir will inherit through intestate succession, and their legitime will be fully restored.

  2. Legacies and Devises:

    • Legacies and devises in the will remain valid unless they impair the legitime of the preterited heir.

  3. Effect on Conjugal Partnership/Absolute Community:

    • Property erroneously disposed of in violation of the preterited heir's legitime will revert to the conjugal partnership or absolute community of property for proper distribution.

  4. Partial Annulment:

    • If other provisions of the will remain valid without impairing the legitime of the omitted compulsory heir, they can be enforced.

Illustrations

  1. Example of Total Annulment:

    • A testator executes a will omitting his legitimate child entirely. The child is not named as an heir, legatee, or devisee.
    • Result: The entire institution of heirs is annulled. The omitted child inherits intestate, and other provisions of the will are upheld only if they do not impair the legitime.

  2. Example Where Preterition Does Not Occur:

    • If a compulsory heir is given a legacy or devise (even a small amount), there is no preterition, but the heir may seek to complete their legitime if impaired.

  3. Disinheritance vs. Preterition:

    • If the testator validly disinherits a compulsory heir following the grounds in Article 919 of the Civil Code (e.g., maltreatment or committing a crime against the testator), preterition does not apply.

Legal Basis

  • Article 854, Civil Code:

    "The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the testator’s death, shall annul the institution of heirs. However, the devises and legacies shall be valid insofar as they are not inofficious."

  • Articles 906–908, Civil Code: Govern legitimes and their protection.

Key Jurisprudence

Philippine courts have repeatedly clarified the application of preterition, emphasizing the need for strict compliance with the rules governing legitimes and the intent of the testator:

  1. Reyes v. Barraquio (G.R. No. 130742):
    • Established that preterition applies only to heirs in the direct line and invalidates the institution of heirs.
  2. Ramos v. Ramos (G.R. No. 186107):
    • Highlighted the distinction between preterition and valid disinheritance.
  3. De Borja v. De Borja (G.R. No. 131215):
    • Affirmed the rule that legacies and devises remain valid unless they impair legitime.

Related Doctrines

  1. Prohibition Against Impairing Legitime:
    • Even when preterition does not occur, any disposition reducing the legitime of a compulsory heir is inofficious and void to that extent.
  2. Doctrine of Conjugal or Absolute Community Rights:
    • If the omitted heir’s legitime is violated due to improper distribution, the conjugal/absolute community property rules govern rectification.

Practical Implications

  1. Estate Planning:
    • Testators must ensure that all compulsory heirs, particularly those in the direct line, are either provided for in the will or validly disinherited to avoid annulment due to preterition.
  2. Legal Challenges:
    • Heirs who are preterited may file a judicial action to annul the institution of heirs and claim their legitime.

Preterition ensures the protection of compulsory heirs in the direct line, emphasizing the primacy of family rights under Philippine law. It underscores the responsibility of testators to honor the legitime of their heirs and avoid omissions that could undermine the orderly succession of estates.

Consequence of Impairment of the Legitime | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Consequence of Impairment of the Legitime in Civil Law

The legitime refers to the portion of a decedent's estate that the law reserves for the compulsory heirs, ensuring they are not entirely deprived of inheritance. In the Philippine Civil Code, the principles regarding the impairment of the legitime are designed to safeguard the rights of these heirs. Below is a meticulous discussion on the consequences of impairing the legitime, including the legal framework, remedies, and implications:

1. Definition of Legitime

  • Article 886 of the Civil Code defines the legitime as the part of the testator’s property which cannot be disposed of because the law has reserved it for certain heirs.
  • Compulsory heirs include:
    • Legitimate children and descendants.
    • Legitimate parents and ascendants.
    • Surviving spouse.
    • Illegitimate children (entitled to one-half of the share of legitimate children).

2. Impairment of the Legitime

Impairment occurs when the testator disposes of more than the free portion of their estate, thereby reducing the legitime of compulsory heirs. This may happen in various forms:

  • Excessive Donations Inter Vivos: Lifetime donations that exceed the free portion.
  • Testamentary Dispositions: Wills allocating more than what the free portion allows.
  • Charges or Conditions: Imposing burdens that diminish the value of the legitime.
  • Invalid Recognition of Heirs: Acknowledging heirs who have no legal right, reducing the legitime of compulsory heirs.

3. Legal Remedies for Impairment of Legitime

When the legitime is impaired, the compulsory heirs are entitled to legal remedies to protect their rights. These include:

a. Reduction of Excessive Dispositions (Reduction of Donations or Testamentary Gifts)

  • Article 906: If the legitime is impaired, the testamentary dispositions that exceed the free portion shall be reduced or annulled.
  • Order of Reduction:
    1. Gifts inter vivos (donations) are reduced first.
    2. Testamentary dispositions (in a will) are reduced second.
  • Article 910 provides that reductions shall begin with the most recent donations, applying the pro rata principle.

b. Action for Rescission or Annulment

  • Compulsory heirs may file an action to rescind donations or annul testamentary dispositions that impair their legitime.
  • Prescription Period:
    • 10 years for donations inter vivos.
    • No express period for testamentary dispositions; typically litigated during estate settlement.

c. Collation of Donations

  • Article 1061: Donations made by the deceased during their lifetime are subject to collation (adding them back to the estate) to determine if the legitime has been impaired.

4. Effects of Impairment

a. Reduction of Gifts or Bequests

  • Any disposition impairing the legitime is invalid to the extent of impairment.
  • Excess amounts are added back to the estate and distributed to the compulsory heirs.

b. Effects on the Will

  • A will may not be entirely invalid but will be modified to protect the legitime.
  • Testamentary clauses conflicting with legitime rights are void, but the rest of the will may stand if separable.

c. Liability of Donees

  • Donees may be required to return what they received in excess, up to the extent necessary to restore the legitime.
  • Article 1098: The heir whose legitime is impaired may recover directly from donees when the estate assets are insufficient.

5. Principles Governing the Legitime

a. Indefeasibility of Legitime

  • The legitime cannot be waived, transferred, or assigned during the lifetime of the decedent (Article 887).
  • Any attempt to waive or alienate the legitime before the decedent's death is void.

b. Effect of Renunciation

  • Renunciation of inheritance post-death does not impair the legitime of other compulsory heirs.

c. Effect of Unequal Distribution

  • Unequal distribution is allowed only if it does not diminish the legitime. Otherwise, such dispositions are reduced.

6. Case Law on Impairment of Legitime

The Philippine Supreme Court has issued rulings emphasizing the protection of legitime:

  • Heirs of Roxas v. CA (1997): The Court held that dispositions exceeding the free portion must be reduced, ensuring that compulsory heirs receive their legitime.
  • Litam v. Rivera (1953): Declared that compulsory heirs cannot be deprived of their legitime even through donations or encumbrances done in bad faith.

7. Practical Considerations

a. Estate Planning

  • Individuals should ensure that their dispositions (lifetime and testamentary) comply with the rules on legitime to avoid litigation and disputes among heirs.

b. Role of Executors

  • Executors must ensure that the estate distribution respects the legitime of compulsory heirs and reduce excessive dispositions accordingly.

c. Judicial Intervention

  • Courts will intervene to resolve disputes concerning the impairment of the legitime, especially when estate settlement proceedings reveal irregularities.

Conclusion

The impairment of the legitime triggers automatic protections and remedies under Philippine law. Testators must comply with the legal limits of disposition to avoid invalidation of their wishes, and compulsory heirs have robust legal rights to ensure the integrity of their legitime. These provisions reflect the importance of family solidarity and fairness in succession law.

Determination of the Legitime | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Compulsory Succession: Determination of the Legitime

In Philippine civil law, under the Civil Code of the Philippines, the concept of legitime arises in the context of compulsory succession, which guarantees certain heirs a fixed portion of the estate of the decedent. Below is a comprehensive discussion of its nature, determination, and nuances.

1. Definition of Legitime

Legitime is defined under Article 886 of the Civil Code as:

"The part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs, called compulsory heirs."

It is a statutory portion of the inheritance that is mandatorily allotted to the compulsory heirs, and the decedent cannot deprive them of this share without a valid legal cause.

2. Compulsory Heirs

Under Article 887, the compulsory heirs are:

  1. Legitimate Children and Descendants – They succeed in their own right or by representation.
  2. Legitimate Parents and Ascendants – They inherit in default of legitimate descendants.
  3. Illegitimate Children – Entitled to one-half of the share of legitimate children.
  4. The Surviving Spouse – Entitled to a share depending on the regime of the property relationship and coexisting heirs.
  5. In Certain Cases, the State – Only when there are no other compulsory heirs.

3. Basis for Determining Legitime

The legitime is computed based on the net estate, which is:

The gross estate minus debts, charges, and obligations, as well as funeral expenses, taxes, and administrative expenses.

Formula:

Net Estate = Gross Estate - Liabilities

4. Shares of Compulsory Heirs

The allocation of legitime depends on the composition of the compulsory heirs:

a. Legitimate Children and/or Descendants

  • If there is one legitimate child, the legitime is 1/2 of the net estate.
  • If there are two or more legitimate children, they collectively share 1/2 of the net estate equally.

b. Legitimate Parents and/or Ascendants

  • In the absence of legitimate children or descendants, the legitimate parents or ascendants are entitled to 1/2 of the net estate.

c. Illegitimate Children

  • Entitled to 1/2 of the share of a legitimate child.
  • They share this portion collectively if there are multiple illegitimate children.

d. Surviving Spouse

The legitime of the surviving spouse varies based on the presence of other heirs:

  • With legitimate children/descendants: Equal to the share of one legitimate child.
  • With legitimate parents/ascendants: 1/4 of the net estate.
  • With illegitimate children only: 1/2 of the net estate if the surviving spouse is the sole heir; otherwise, the share is equal to the share of one illegitimate child.

e. In Default of Legitimate and Illegitimate Heirs

  • The surviving spouse may inherit the entire estate as the only compulsory heir.

5. Rules for Partition

  • The free portion of the estate is the balance after deducting the legitime from the net estate. The testator may freely dispose of this portion through a will.
  • Disinheritance of a compulsory heir requires compliance with strict grounds and procedural requirements under Articles 915 to 922.
  • In cases of preterition (omission of a compulsory heir), the institution of heirs and legacies/devices are annulled, and the estate is distributed as though in intestacy.

6. Special Cases in the Determination of Legitime

a. Advances on Legitime

  • Donations inter vivos or advances given during the decedent's lifetime are charged against the legitime under Article 908.
  • Excess donations may be reduced to preserve the legitime.

b. Collation

  • Legitimate children and descendants must bring into the estate advances received to compute the legitime properly.

c. Reduction of Testamentary Dispositions

  • If the testator’s dispositions impair the legitime, the provisions in the will are reduced proportionally under Articles 906 and 907.

7. Application of the Law

Courts are meticulous in upholding the legitime of compulsory heirs. Any disposition in violation of the legitime is void or reducible to align with statutory requirements. Legal and tax advisors, executors, and administrators must ensure compliance to avoid litigation or disputes.

Summary Table of Legitime Shares

Compulsory Heir Share in Net Estate
Legitimate Children 1/2 collectively (equal sharing)
Legitimate Parents 1/2 collectively
Illegitimate Children 1/2 of a legitimate child's share
Surviving Spouse Varies as described above

The determination of legitime requires a clear understanding of the Civil Code provisions, proper valuation of the estate, and careful consideration of legal nuances to protect the interests of the compulsory heirs while respecting the decedent's testamentary wishes.

Computation of the Net Hereditary Estate | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Computation of the Net Hereditary Estate in Compulsory Succession (Philippine Civil Law)

Under Civil Law, particularly the rules on Wills and Succession, compulsory succession mandates that a portion of a decedent’s estate be reserved for compulsory heirs, regardless of the decedent’s wishes. Computing the Net Hereditary Estate is essential in determining the extent of these heirs’ rights and the free portion of the estate.

Here is a detailed explanation of the computation of the Net Hereditary Estate in the context of compulsory succession:

1. Gross Estate

The gross estate includes all the properties, rights, and obligations of the decedent at the time of death. It comprises:

  • Real Property (land, buildings, improvements).
  • Personal Property (vehicles, jewelry, cash, shares of stock, etc.).
  • Claims and Rights (e.g., receivables, royalties).
  • Businesses or Interests (e.g., partnerships, joint ventures).

The valuation of the gross estate should be based on the fair market value or as determined under applicable tax and civil laws.

2. Deductions from the Gross Estate

To arrive at the net hereditary estate, specific deductions are made from the gross estate. These deductions are enumerated below:

a. Funeral Expenses

  • Reasonable funeral expenses are deducted. While the Civil Code does not specify a maximum amount, tax laws (e.g., the National Internal Revenue Code) typically impose a cap (e.g., up to 5% of the gross estate or a fixed ceiling, as provided by regulations).

b. Judicial and Extra-Judicial Expenses

  • These include expenses related to the settlement of the estate, such as:
    • Filing fees
    • Attorneys’ fees
    • Appraiser's fees
    • Other costs of administration

c. Debts and Obligations

  • Valid and enforceable debts of the decedent are deducted, including:
    • Loans
    • Mortgage debts (secured and unsecured)
    • Credit card liabilities
    • Promissory notes

d. Taxes

  • Taxes unpaid by the decedent before death, such as real property tax and income tax, are deductible. However, estate tax itself is not deducted as it applies after determining the net estate.

e. Claims Against the Estate

  • Legitimate claims from third parties that are properly documented (e.g., contracts, judicial orders).

f. Collation

  • Properties previously donated or advanced to compulsory heirs are collated (added back to the estate for computation purposes). This ensures fairness in distributing the estate according to legitime and free portions.

g. Liabilities of the Decedent

  • These include:
    • Obligations arising from contracts
    • Compensation for damages or liabilities adjudicated by courts
    • Other enforceable obligations.

h. Special Deductions under Tax Laws

  • As stipulated by tax laws, these may include family home deductions, standard deductions, or medical expenses incurred within one year prior to death.

3. Legitimate and Free Portions

Once the Net Hereditary Estate is determined, the estate is divided into:

  • Legitime: The portion reserved by law for compulsory heirs. This is non-disposable and varies depending on the heirs present:

    • Children and Descendants: Share equally in the legitime.
    • Surviving Spouse: Entitled to a share in the legitime and, in some cases, to equalize with children.
    • Ascendants (Parents, Grandparents): Entitled to a share if there are no children or descendants.
    • Illegitimate Children: Entitled to half of the share of legitimate children.

  • Free Portion: The remaining portion of the estate that the decedent can freely dispose of through a will or testamentary disposition.

4. Collation and Reduction

The process of collation involves adding back to the net estate any donations or advances made during the decedent’s lifetime to compulsory heirs. If the total legitime exceeds the net estate due to these advancements, the donations are reduced or returned to satisfy the legitime.

Steps in Collation:

  1. Identify properties given as donations inter vivos or advances.
  2. Determine the value of these properties at the time of donation.
  3. Add these values to the net estate for the purpose of computing the legitime.

Reductions:

If testamentary dispositions exceed the free portion, the will is reduced in this order:

  1. Free portion (excess first deducted here).
  2. Legacies and devises (pro-rata reduction applies if the free portion is insufficient).
  3. Donations inter vivos (may be revoked or reduced to restore the legitime).

5. Illustration of Computation

Example Scenario:

  1. Gross Estate: ₱10,000,000
  2. Deductions:
    • Funeral expenses: ₱200,000
    • Administration expenses: ₱500,000
    • Debts: ₱2,000,000
    • Taxes: ₱300,000
      Total Deductions: ₱3,000,000
  3. Net Hereditary Estate: ₱7,000,000
  4. Collation:
    • Donation to Child A: ₱1,000,000
      Adjusted Estate for Legitime: ₱8,000,000

Division:

  • Assuming 3 legitimate children and a surviving spouse:
    • Total Legitime: 50% of ₱8,000,000 = ₱4,000,000
    • Free Portion: ₱4,000,000
    • Each child gets ₱1,000,000 (legitime).
    • Spouse gets ₱1,000,000 (legitime) + potential share in the free portion.

6. Key Jurisprudence and Rules

  • Barretto v. Cabangis (1927): Established the principle of strict compliance with legitime allocations.
  • Article 906, Civil Code: Confirms the reduction of excessive testamentary dispositions to protect legitime.
  • National Internal Revenue Code: Supplements computation with tax-related deductions and exemptions.

Conclusion

The computation of the Net Hereditary Estate ensures the proper allocation of the estate in accordance with Philippine law. The protection of compulsory heirs through legitime and the equitable distribution of assets are fundamental in succession. Familiarity with the relevant laws, processes of collation, and deductions is crucial for legal practitioners to ensure compliance and fairness.

Table of Legitime | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Table of Legitime in Philippine Law

The concept of legitime is an essential component of succession law in the Philippines, particularly under the provisions of the Civil Code of the Philippines. It establishes the minimum portion of a decedent's estate that must be reserved by law for compulsory heirs, regardless of the decedent's wishes as expressed in their will.

I. Definition of Legitime

  • Legitime: That part of the testator’s property that is reserved by law for compulsory heirs and cannot be freely disposed of by will.
    • Article 886, Civil Code: "Legitime is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs, called compulsory heirs."

II. Compulsory Heirs

The law identifies specific individuals as compulsory heirs. Their legitime is protected by law and must be allotted as follows:

1. Primary Compulsory Heirs

  • Legitimate children and their descendants:
    • Entitled to 1/2 of the estate, divided equally among them.
    • If any legitimate child predeceases the testator, their descendants inherit by right of representation.
  • Surviving spouse:
    • Shares in the legitime alongside the legitimate children.
    • The spouse’s share is equal to the share of one legitimate child.

2. Secondary Compulsory Heirs

  • Legitimate parents and ascendants:
    • Entitled to 1/2 of the estate, only if the decedent has no legitimate children or descendants.
  • Surviving spouse:
    • Shares in the legitime alongside the legitimate ascendants.
    • Receives 1/2 of the estate when sharing with ascendants, or all of the estate if no ascendants exist.

3. Illegitimate Children

  • Entitled to 1/2 of the share of a legitimate child.
  • They participate in the free portion only after satisfying the legitime of all compulsory heirs.

III. Amount of Legitime

The amount of legitime varies depending on the surviving compulsory heirs. Below is a comprehensive table summarizing the legitime allocations based on different family scenarios.

Compulsory Heirs Legitime Reserved Free Portion
1. Legitimate Children Only 1/2 of the estate (divided equally among them) Remaining 1/2
2. Legitimate Children + Surviving Spouse 1/2 of the estate (children and spouse share equally) Remaining 1/2
3. Surviving Spouse Only 1/2 of the estate Remaining 1/2
4. Legitimate Parents (No Children) 1/2 of the estate Remaining 1/2
5. Illegitimate Children Only 1/2 of the estate (divided equally) Remaining 1/2
6. Illegitimate Children + Surviving Spouse 1/2 of the estate (children: 1/2; spouse: equal to one child’s share) Remaining 1/2
7. Legitimate Parents + Surviving Spouse 1/2 of the estate (spouse: 1/2; parents: 1/2 of legitime) Remaining 1/2

IV. Key Rules on Legitime

  1. Immutability of Legitime:

    • The legitime is immutable and cannot be impaired by acts of the testator (e.g., donations or dispositions that prejudice compulsory heirs).

  2. Right of Representation:

    • Applies in the case of predeceased legitimate children. Their descendants inherit their legitime per stirpes.

  3. Illegitimate Children’s Rights:

    • Entitled to a share in the legitime but only half that of legitimate children. They cannot inherit in competition with legitimate ascendants or descendants unless within the free portion.

  4. Surviving Spouse’s Rights:

    • Always entitled to a share in the legitime, whether in concurrence with children or ascendants.
    • Exclusive Right to Conjugal Property: If the marriage regime is absolute community or conjugal partnership of gains, the surviving spouse retains their share in the community property prior to the estate distribution.

  5. Rights of Adopted Children:

    • Treated as legitimate children, entitled to the same legitime share.

V. Encumbrances and Claims Against Legitime

  1. Reduction of Excessive Donations:
    • Donations inter vivos may be reduced if they impair the legitime of compulsory heirs (Article 909, Civil Code).
  2. Collation of Property:
    • Properties given as advancements to compulsory heirs are collated to determine the legitime.

VI. Additional Considerations

  1. Testamentary Dispositions:
    • The testator may freely dispose of the remaining estate, known as the free portion, provided it does not violate the legitime of compulsory heirs.
  2. Waiver of Legitime:
    • Compulsory heirs cannot validly renounce their legitime before the decedent’s death (Article 1070, Civil Code).

This comprehensive overview reflects the intricacies of compulsory succession and legitime in Philippine civil law, ensuring that compulsory heirs are protected in the distribution of a decedent's estate.

Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 2. Compulsory Succession

Definition of Compulsory Succession

Compulsory succession refers to a type of succession under Philippine law where certain heirs, known as compulsory heirs, are entitled to a fixed and definite portion of the estate of the decedent by operation of law. These heirs cannot be deprived of their rightful share except for valid causes expressly provided by law.

Legal Basis

The rules on compulsory succession are governed by the Civil Code of the Philippines, particularly Articles 887 to 906, which establish:

  • Who are considered compulsory heirs
  • Their respective legitimes (reserved shares)
  • Restrictions on testamentary freedom to protect these legitimes

Who Are the Compulsory Heirs?

Under Article 887 of the Civil Code, the following are considered compulsory heirs:

  1. Primary Compulsory Heirs:
    • Legitimate children and their descendants.
  2. Secondary Compulsory Heirs (in default of the primary heirs):
    • Legitimate parents and ascendants.
  3. Conjugal Heirs:
    • The surviving spouse.
  4. Illegitimate Children:
    • Entitled to their legitime, albeit smaller than legitimate children.
  5. In Default of the Above:
    • In certain circumstances, other relatives may inherit, but this does not pertain to compulsory succession.

The Legitime

The legitime is the portion of the decedent’s estate that is reserved by law for the compulsory heirs. It cannot be reduced or impaired except in cases where the law expressly allows it (e.g., through disinheritance).

Proportions of the Legitime:
  1. Legitimate Children and Descendants:
    • If there is one legitimate child, their legitime is one-half of the estate.
    • If there are two or more, they collectively receive one-half, shared equally.
  2. Illegitimate Children:
    • They receive one-half of the share of a legitimate child.
  3. Surviving Spouse:
    • If there are legitimate children, the spouse is entitled to a share equal to that of one legitimate child.
    • If there are no legitimate children but there are legitimate ascendants, the spouse shares the legitime with them.
    • If the spouse is the sole compulsory heir, the legitime is one-half of the estate.
  4. Legitimate Parents and Ascendants:
    • They are entitled to one-half of the estate if there are no legitimate children or descendants.
  5. Conjugal Partnership/Absolute Community Property:
    • The surviving spouse is entitled to receive 50% of the conjugal property before distribution of the estate, representing their share in the property regime.

Prohibited Acts and Restrictions

  1. Reduction of Legitime:
    • Testamentary dispositions cannot impair the legitime of compulsory heirs. If the testator allocates more than the free portion to other heirs, the excess is reduced by operation of law.
  2. Prohibition on Disinheritance Without Cause:
    • Compulsory heirs cannot be disinherited except for causes expressly enumerated under Articles 919 to 921 of the Civil Code (e.g., abandonment, maltreatment of the testator, or crimes committed against the testator).
  3. Prohibition on Conditional Legitime:
    • The legitime cannot be subject to conditions or burdens unless allowed by law.

Succession in Case of Predeceased Heirs

If a compulsory heir predeceases the decedent, the following rules apply:

  1. Representation:
    • The descendants of the predeceased heir represent him or her and inherit in their stead.
  2. Division:
    • The legitime of the predeceased heir is divided among their descendants equally.

Compulsory Succession in Intestate Estates

In cases of intestacy (when there is no will), compulsory heirs inherit first, in the same proportions as their legitimes. The rules on legitime apply equally to intestate succession to ensure the protection of compulsory heirs.

Grounds for Disinheritance

The law enumerates specific grounds under which compulsory heirs may be disinherited:

  1. For children: Acts such as maltreatment of the parents, committing crimes against the parents, or abandoning them.
  2. For parents: Acts such as attempting against the life of a child or compelling a child to commit a crime.
  3. For the surviving spouse: Adultery, desertion, or maltreatment.

Disinheritance must be made in a valid will, and the grounds must be proven. If the disinheritance is invalid or not properly substantiated, it will have no legal effect.

Effect of Renunciation or Preterition

  1. Renunciation:
    • A compulsory heir may renounce their share of the inheritance, but such renunciation must be clear and unequivocal.
  2. Preterition:
    • If a compulsory heir is omitted in a will, the will may be declared void insofar as it prejudices the legitime of the omitted heir. The omitted heir is entitled to claim their rightful share.

Key Takeaways

  • Compulsory succession ensures that compulsory heirs are guaranteed their rightful share of the estate.
  • Testators have limited freedom to dispose of their property because they cannot impair the legitime.
  • The legitime and the distribution of the estate vary depending on the presence and type of heirs.
  • Violations of the rules on compulsory succession can lead to the nullification of testamentary dispositions or partial intestacy.

Compulsory succession balances the rights of heirs and the testamentary freedom of the deceased, ensuring fairness and protection under the law.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login