CIVIL LAW: WILLS AND SUCCESSION

A. Succession

Definition: Succession is the legal transfer of a deceased person's rights and obligations to their heirs. It takes place either by will (testamentary succession) or by operation of law in the absence of a will (intestate succession).

2. Elements of Succession

Definition: Succession encompasses the following key elements:
1. The Deceased (Decedent/Testator): The individual whose estate is subject to transfer upon death.
2. Inheritance (Estate): All the rights, obligations, and assets left by the decedent.
3. Successors (Heirs or Legatees): Persons designated to receive the inheritance. These may be intestate heirs, instituted heirs, or legatees.

c. Successors

Definition: Successors are individuals who inherit the rights and duties of the decedent either by a will or by law. Successors are categorized into two primary types: heirs (those who inherit by law) and legatees/devisees (those designated in a will to receive specific parts of the estate).

IV. INTESTATE HEIRS

Intestate heirs are individuals designated by law to inherit from the decedent if there is no valid will or if certain portions of the estate remain undisposed of under a will. The rules governing intestate succession and the hierarchy of intestate heirs are detailed under the Civil Code of the Philippines, Articles 960 to 1014.

1. Principles Governing Intestate Succession

No Will or Invalid Will: Intestate succession applies if the decedent dies without a will, if the will is invalidated, or if the will does not cover all parts of the estate (in which case intestate succession rules apply to the uncovered portions).
Determination of Heirs by Law: The law identifies specific heirs in a hierarchical order based on family ties, with the aim of passing the estate to those closest to the decedent by blood or legal relationship.
Exclusion Principle: A closer heir in the order of succession excludes more distant relatives from inheriting.
Right of Representation: This applies when an heir predeceases the decedent, allowing the predeceased heir’s descendants to inherit in their place.
Equal Sharing: Heirs within the same degree of relationship inherit equally unless otherwise specified by law.

2. Order of Intestate Succession

The following is the hierarchy established under Philippine law for intestate heirs:

i. Primary Intestate Heirs

These are heirs who, if they exist, exclude other heirs from inheriting.

Legitimate Children and Descendants:
- If the decedent has legitimate children or descendants, they are the primary heirs.
- Distribution: The estate is divided equally among legitimate children. If any legitimate child predeceases the decedent, their share is inherited by their descendants.
- Right of Representation: Applies to descendants in the direct line, where grandchildren or great-grandchildren inherit their deceased parent’s share.

ii. Surviving Spouse

The surviving spouse inherits depending on the presence of other heirs:
- With legitimate children or descendants: The surviving spouse is entitled to a share equal to that of each legitimate child.
- Without descendants, but with legitimate parents or ascendants: The spouse receives half of the estate, with the remaining half going to the parents or ascendants.
- If no other primary or secondary heirs exist, the spouse inherits the entire estate.
The spouse’s share is subject to legal conditions, such as exclusion from the right of representation in the case of predeceased children.

iii. Secondary Intestate Heirs (Parents and Ascendants)

Legitimate Parents or Ascendants inherit if there are no legitimate children or descendants.
Distribution:
- Parents equally inherit the entire estate if both are living.
- If only one parent survives, the surviving parent takes half, and the other half goes to the next ascendant in line (e.g., grandparents).
- Ascendants in the nearest degree inherit the estate if parents are deceased.

iv. Illegitimate Children

Illegitimate Children inherit regardless of the presence of legitimate relatives but at a reduced rate.
- Share: Each illegitimate child is entitled to half the share of a legitimate child.
- Exclusion: If legitimate children exist, they inherit the bulk of the estate, and illegitimate children receive only a proportional share.

v. Collateral Relatives (Brothers, Sisters, and Their Descendants)

Full and Half Siblings: Brothers and sisters of the decedent inherit if there are no legitimate children, parents, or descendants.
- Distribution:
  - Full siblings (same father and mother) inherit equally.
  - Half siblings (one common parent) inherit half the share of full siblings.
  - If siblings have predeceased, their children (the decedent’s nephews and nieces) inherit by representation.

vi. Other Collateral Relatives Up to the Fifth Degree

If the decedent has no closer relatives, the estate passes to more distant relatives up to the fifth degree, including cousins, aunts, uncles, etc.
Equal Distribution: These relatives inherit equally and without regard to the degree of relation if they are within the same degree.

vii. The State

Escheat: If the decedent has no legal heirs, the estate escheats to the State.
- The State inherits only if all other potential heirs are exhausted, ensuring that the decedent’s property is transferred in a manner that prioritizes familial relationships before it reverts to the government.

3. Special Rules in Intestate Succession

Representation Principle: Applies when the heir entitled to inherit predeceases the decedent, allowing the heir’s descendants to inherit in their stead.
Survivorship Rights: Relatives within the same degree inherit in equal portions, except where the right of representation modifies this.
Advancements and Collation: Any advancements received by an heir during the decedent’s lifetime are subject to collation, meaning they are considered as part of the inheritance to maintain fairness among all heirs.

Summary

In the absence of a will, the Civil Code of the Philippines provides a structured framework for distributing a decedent’s estate among lawful heirs, starting with the closest family members and progressing down a hierarchy. Intestate succession law in the Philippines is governed by the principle of bloodline preference, representation rights, equal sharing within the same degree, and exclusion based on the hierarchy of heirs.