Intestate Succession

Iron Curtain Rule | Intestate Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Iron Curtain Rule in Intestate Succession

The "Iron Curtain Rule" is a principle in Philippine succession law specifically governing intestate succession. This rule is codified under Article 992 of the Civil Code of the Philippines, which provides:

"An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; neither shall such children or relatives inherit in the same manner from the illegitimate child."

This provision establishes a strict barrier in inheritance rights between legitimate and illegitimate relatives of the decedent in cases of intestate succession.

Key Features of the Iron Curtain Rule

  1. Bar to Reciprocal Inheritance

    • An illegitimate child cannot inherit by intestate succession from the legitimate children or legitimate relatives of either parent.
    • Conversely, the legitimate children or relatives cannot inherit from an illegitimate child by intestate succession.

  2. Effect on Relationships

    • The Iron Curtain Rule enforces a strict separation between the legitimate and illegitimate lines of succession.
    • Despite the familial connection, no rights of intestate inheritance exist between these two lines.

  3. Limited to Intestate Succession

    • The Iron Curtain Rule applies exclusively in cases of intestate succession.
    • It does not apply to testamentary dispositions, where the testator may freely distribute property, even to illegitimate children or relatives.

Purpose of the Iron Curtain Rule

The rule reflects a policy decision to maintain the sanctity of legitimate familial lines in inheritance matters. It avoids mingling the rights of illegitimate and legitimate heirs in the absence of a testament.

Exceptions to the Iron Curtain Rule

  1. Direct Parent-Child Relationship

    • An illegitimate child can inherit intestate from their biological parents, and vice versa, under Article 887 of the Civil Code.
    • The Iron Curtain Rule does not affect direct parent-child relationships.

  2. Legitimated or Legally Adopted Children

    • If an illegitimate child becomes legitimated (e.g., by subsequent marriage of the parents under Article 177 of the Family Code), they gain inheritance rights as legitimate heirs.
    • An adopted child is considered legitimate under the law and is not subject to the Iron Curtain Rule.

  3. Compulsory Heirship

    • While the Iron Curtain Rule governs intestate succession, an illegitimate child remains a compulsory heir of the parent and is entitled to a share of the parent’s estate, alongside legitimate children.

Illustrative Scenarios

Case 1: Legitimate and Illegitimate Sibling Relationship

  • Facts:
    Anna is a legitimate child. Ben is her half-sibling (illegitimate). Their common parent, Clara, has passed away, leaving an estate.
  • Analysis:
    • Ben can inherit from Clara as her illegitimate child.
    • Anna and Ben cannot inherit from each other, even if Clara’s estate is distributed equally to both during her death.

Case 2: Illegitimate Child’s Relatives

  • Facts:
    Lino is an illegitimate child. His half-sibling, Mario, is legitimate. Lino dies intestate.
  • Analysis:
    • Mario cannot inherit from Lino due to the Iron Curtain Rule.
    • Similarly, Mario’s descendants cannot inherit from Lino.

Relevant Jurisprudence

  1. Diaz v. IAC, G.R. No. L-66574 (1985)

    • Reiterated that illegitimate children cannot inherit from legitimate siblings or relatives.

  2. Estate of Marcos v. Marcos, G.R. No. 196515 (2014)

    • Clarified the application of Article 992 to ensure legitimacy rules are strictly observed in intestate succession.

  3. Reyes v. Tan, G.R. No. 125172 (1998)

    • Emphasized the exclusivity of inheritance rights within legitimate and illegitimate lines.

Conclusion

The Iron Curtain Rule enshrined in Article 992 of the Civil Code creates an absolute barrier to inheritance between legitimate and illegitimate relatives in intestate succession, except for direct parent-child relationships. It underscores the importance of legitimate lineage in Philippine succession law, while ensuring that illegitimate children retain their rights only in specific contexts.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Rule of Proximity and Rule of Equality | Intestate Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 3. Intestate Succession > c. Rule of Proximity and Rule of Equality

Intestate succession governs the distribution of an estate when a person dies without a valid will, or when the will fails to dispose of all the estate. The rules under the Civil Code of the Philippines provide detailed principles to ensure the just and equitable distribution of property. The Rule of Proximity and the Rule of Equality are critical concepts in determining how heirs are prioritized and how the estate is divided among them.

Rule of Proximity

The Rule of Proximity prioritizes heirs who are nearest in degree to the decedent. It is rooted in the principle that closer relatives should inherit in preference to more remote ones. The Civil Code follows the hierarchical system of succession, which is detailed in Articles 962 to 975 of the Civil Code.

  1. General Principle:

    • The nearer relative excludes more distant relatives from inheriting. For example:
      • Children exclude grandchildren.
      • Parents exclude grandparents.

  2. Degrees of Relationship:

    • The degree of relationship is determined by the number of generations separating the deceased from the heir. Each generation counts as one degree.
      • Example: A child is in the first degree of relationship to the decedent, while a grandchild is in the second degree.

  3. Exclusion by Nearer Degrees:

    • Article 962 of the Civil Code explicitly provides that relatives of a more distant degree are excluded by those of a nearer degree, except in cases where representation is applicable.
      • Representation: In certain cases (e.g., predeceased heirs or those declared incapable), the descendants of the excluded heir may inherit in his/her place, provided they are within the same line.

Rule of Equality

The Rule of Equality ensures that heirs of the same degree inherit equal shares of the estate. This rule emphasizes the fair and proportionate distribution of property among heirs who are equally related to the decedent.

  1. Equal Division Among Heirs of the Same Degree:

    • Heirs in the same degree inherit in equal parts. For example:
      • If the decedent is survived by three children, each child receives an equal share of the estate.

  2. Equality in Collateral Relatives:

    • If the decedent has no descendants or ascendants, collateral relatives (e.g., siblings) of the same degree inherit equally.
      • Example: If the decedent is survived by two full-blood siblings, each receives an equal share of the estate.

  3. Exclusions and Exceptions:

    • While the Rule of Equality applies to heirs of the same degree, distinctions may arise in certain circumstances:
      • Distinction Between Full-Blood and Half-Blood Relatives (Article 1006):
        • Full-blood siblings receive double the share of half-blood siblings.

Interplay of Rule of Proximity and Rule of Equality

The Rule of Proximity and the Rule of Equality work together to determine both who inherits and how much they inherit.

  1. Rule of Proximity Determines Priority:

    • Only the closest relatives inherit. More remote relatives are excluded unless the nearer relatives are disqualified or incapable of inheriting.
    • Representation allows descendants of predeceased or disqualified heirs to inherit, but only within the direct line.

  2. Rule of Equality Determines Distribution:

    • Once the heirs entitled to inherit are identified based on proximity, the estate is divided equally among those heirs of the same degree.

Illustrative Examples

  1. Example of Rule of Proximity:

    • If a decedent dies leaving behind one child and two grandchildren (from a predeceased child):
      • The child inherits the entire estate.
      • The grandchildren are excluded because the child is nearer in degree.

  2. Example of Rule of Equality:

    • If a decedent is survived by three children:
      • Each child inherits one-third of the estate.
    • If the decedent has no descendants and is survived by two siblings of full blood:
      • Each sibling inherits half of the estate.

  3. Combination of Rules:

    • If a decedent dies with two living children and two grandchildren from a predeceased child:
      • The two living children each receive one-third of the estate.
      • The two grandchildren collectively inherit one-third through representation.

Important Civil Code Provisions

  1. Article 962: The nearer excludes the more remote relative, except in cases of representation.
  2. Article 970: Representation applies only in the descending direct line or in the collateral line if siblings of the decedent are predeceased.
  3. Article 1003: If there are no descendants, ascendants, or collateral relatives, the estate escheats to the State.
  4. Article 1009: In cases involving collateral relatives, the rule on degrees of relationship and distinctions between full-blood and half-blood applies.

Conclusion

The Rule of Proximity ensures that closer relatives are given priority in intestate succession, while the Rule of Equality safeguards fairness among heirs of the same degree. Together, they uphold the equitable distribution of estates under Philippine civil law. Proper understanding and application of these rules are essential to resolving disputes and ensuring compliance with the law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Order of Intestate Succession | Intestate Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Order of Intestate Succession under Philippine Civil Law

The rules governing intestate succession are found in the Civil Code of the Philippines, particularly in Articles 960 to 1014. These rules apply when a person dies without a valid will, or when the will does not dispose of all the decedent's estate. The law provides a specific order in which heirs are called to inherit, based on their proximity to the decedent.

1. Definition of Intestate Succession

Intestate succession occurs:

  • When there is no will.
  • When the will is void.
  • When the will does not completely dispose of the estate.
  • When the conditions imposed in the will are not fulfilled.
  • When the heirs named in the will are incapable of inheriting.

2. Order of Intestate Succession

The order of intestate succession is based on proximity of relationship to the decedent. The Civil Code establishes a hierarchical order, calling specific groups of heirs to inherit in succession:

A. Legitimate Descendants (Article 978)

  • The first to inherit are the legitimate children and their legitimate descendants (e.g., grandchildren and great-grandchildren).
  • They inherit in their own right (per capita) or by representation (per stirpes) if the nearer descendant has predeceased the decedent.

Example:

  • If a person dies leaving three children, the estate is divided equally among them.
  • If one child has predeceased but left children, the share of the deceased child is divided among his or her descendants.

B. Legitimate Parents and Ascendants (Article 982)

  • If there are no legitimate descendants, the legitimate parents inherit the entire estate in equal shares.
  • If both parents are deceased, the estate goes to the nearest ascendants in the direct line (e.g., grandparents, great-grandparents).
  • Ascendants of the paternal and maternal lines inherit equally.

C. Illegitimate Children (Article 985)

  • If there are no legitimate descendants, parents, or ascendants, illegitimate children inherit the estate.
  • Illegitimate children receive one-half of the share of a legitimate child. They inherit in equal shares if they are the only heirs.

D. Surviving Spouse (Articles 996 and 997)

  • The surviving spouse inherits in concurrence with other heirs:
    • With legitimate children: The spouse receives the same share as a legitimate child.
    • With legitimate parents or ascendants: The spouse receives one-half of the estate.
    • With illegitimate children: The spouse shares the estate equally with them.
  • If the surviving spouse is the sole heir, he or she inherits the entire estate.

E. Siblings and Their Descendants (Article 1001)

  • If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the estate passes to the brothers and sisters of the decedent and their descendants.
    • Full-blood siblings receive double the share of half-blood siblings.
    • If a sibling is predeceased, his or her descendants inherit by representation.

F. Other Collateral Relatives (Articles 1003–1004)

  • In the absence of siblings or their descendants, the estate goes to the nearest collateral relatives within the fifth degree of consanguinity.
    • Example: Uncles, aunts, cousins, nephews, and nieces.

G. The State (Article 1011)

  • If there are no heirs within the fifth degree, the estate escheats to the State.
    • The government is obligated to use the inheritance for charitable or educational purposes.

3. General Rules on Representation (Articles 970–975)

  • Representation occurs when a legitimate heir predeceases the decedent. The share of the predeceased heir is inherited by his or her descendants.
  • Representation applies in both descending line (e.g., grandchildren) and collateral line (e.g., nephews and nieces).

4. Concurrence of Heirs

  • The law permits multiple groups of heirs to inherit simultaneously, with each group receiving a specific portion of the estate.
    • For example: If a decedent leaves a surviving spouse and legitimate children, the spouse inherits an equal share with each child.

5. Exclusions and Disqualifications

Certain individuals are disqualified from inheriting:

  • Those convicted of killing or attempting to kill the decedent.
  • Heirs who unduly influenced the decedent in making a will.
  • Individuals guilty of adultery or concubinage with the decedent’s spouse.

6. Key Notes on Illegitimate and Adopted Children

  • Illegitimate children inherit half of what a legitimate child receives.
  • Adopted children inherit as legitimate children under Article 189 of the Family Code.

Illustrative Examples

  1. Case with Legitimate Descendants

    • Decedent leaves three legitimate children. Estate is divided equally among the children.

  2. Case with Surviving Spouse and Legitimate Parents

    • Decedent leaves no descendants, but has a spouse and surviving parents. Estate is divided equally between the spouse and the parents.

  3. Case with Illegitimate Children and Surviving Spouse

    • Decedent leaves one illegitimate child and a surviving spouse. The estate is divided equally between them.

Practical Considerations

  • Proper identification of heirs is crucial to avoid disputes.
  • Documentation such as birth certificates, marriage certificates, and other proof of filiation should be secured.
  • Representation and degrees of relationship must be meticulously determined.

By strictly adhering to the order of intestate succession, the rights of heirs under the Civil Code are preserved, ensuring a fair and lawful distribution of the decedent's estate.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Causes of Intestacy | Intestate Succession | Different Kinds of Succession | WILLS AND SUCCESSION

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:

  1. 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.
  2. Legitimate Parents and Ascendants
    • If the decedent has no descendants, the estate goes to ascendants.
  3. 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.
  4. Illegitimate Children
    • If no legitimate children or ascendants exist, illegitimate children inherit alone or share with the surviving spouse.
  5. Collateral Relatives (Brothers, Sisters, and Nephews/Nieces)
    • If no compulsory heirs exist, the estate passes to collateral relatives up to the fifth degree.
  6. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Intestate Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW: INTESTATE SUCCESSION IN THE PHILIPPINES

Intestate succession occurs when a person dies without a valid will, or when the will does not dispose of the entire estate. The rules governing intestate succession are laid down in Book III, Title IV of the Civil Code of the Philippines, specifically Articles 960 to 1014. Below is a detailed discussion of the principles and application of intestate succession in the Philippines.

1. General Principles

  • Applicability: Intestate succession applies in the following situations:
    1. No will is executed.
    2. The will is void.
    3. The will does not dispose of the entire estate (for the undisposed portion).
    4. The heir(s) named in the will are incapable of inheriting or predeceased the decedent without substitutes.
  • Governing Law: The law in force at the time of death governs intestate succession.
  • Basis of Succession: Intestate succession follows blood relationships (consanguinity), affinity, and marital status, with priority given to the decedent's descendants and ascendants.

2. Order of Intestate Succession

The Civil Code outlines a hierarchy of heirs who inherit in the following order:

a. Descendants (Article 980)

  • First Priority: Legitimate children and their legitimate descendants.
  • Rule: The estate is divided equally among the children, with substitution allowed for predeceased children by their legitimate descendants (per stirpes distribution).
  • Share of Illegitimate Children: They inherit half the share of legitimate children.

b. Ascendants (Article 982)

  • Second Priority: If there are no descendants, legitimate parents and ascendants inherit.
  • Rule: The estate is divided equally between the paternal and maternal lines.
    • In default of closer ascendants, the nearest degree ascendant inherits.
  • Exclusion: Ascendants are excluded by legitimate descendants.

c. Surviving Spouse (Article 995)

  • The surviving spouse is given the following shares depending on the situation:
    • With Descendants: The surviving spouse inherits the same share as each of the legitimate children.
    • With Ascendants: The surviving spouse inherits one-half of the estate.
    • With Illegitimate Children: The surviving spouse inherits one-third, and the illegitimate children receive two-thirds.
    • No Other Heirs: The surviving spouse inherits the entire estate.

d. Collateral Relatives (Articles 1003-1006)

  • Brothers and Sisters: If no descendants, ascendants, or spouse exist, siblings and their descendants inherit.
    • Full siblings inherit double the share of half-siblings.
  • Further Collaterals: In default of siblings, the nearest collateral relatives up to the fifth degree inherit.

e. The State (Article 1011)

  • Last Resort: If no heirs exist, the estate escheats to the State for charitable and educational purposes.

3. Specific Rules on Intestate Succession

Representation (Article 981)

  • When Allowed: Representation is allowed in cases of predeceased descendants or siblings. The substitute takes the share the predeceased heir would have received.
  • Rule: Substitutes inherit per stirpes, dividing only their parent’s share among themselves.

Division of the Estate (Articles 996-1006)

  • Equal Division: Legitimate heirs inherit equally in their respective categories.
  • Illegitimate Children’s Share: Illegitimate children share half of what legitimate children inherit.
  • Advancements: Properties given during the lifetime of the decedent may be subject to collation unless expressly excluded.

Exclusion and Concurrence of Heirs

  • Descendants exclude ascendants, collaterals, and the State.
  • Ascendants exclude collaterals and the State but concur with the surviving spouse.
  • The surviving spouse always inherits in concurrence with any category of heirs unless entirely excluded.

Escheat to the State

  • The estate escheats only after exhaustive determination that no legal heirs exist.

4. Common Issues in Intestate Succession

a. Proof of Heirship

  • Requirements: Heirs must present proof of relationship, typically through birth or marriage certificates.
  • Judicial Declaration: In cases of disputes, a court judgment may be necessary to establish heirship.

b. Collation

  • Definition: Collation is the addition of properties received as advancements to the estate.
  • Purpose: To ensure equality among heirs.
  • Rule: Collation applies only to compulsory heirs unless waived by the decedent.

c. Partition

  • Heirs may divide the estate through an extrajudicial settlement (if no will exists and all heirs agree) or by judicial proceedings.

d. Rights of Illegitimate Children

  • They inherit only from their parents and not from legitimate relatives of the parent.

e. Special Laws Affecting Intestate Succession

  • Family Code: Governs the rights of the surviving spouse and illegitimate children.
  • Other Laws: Special laws like agrarian reform and housing laws may impose restrictions on inheritance of certain properties.

5. Practical Applications

  • Extrajudicial Settlement: If heirs agree, they can settle without court intervention by executing an agreement and publishing it in a newspaper.
  • Judicial Partition: When disputes arise, courts resolve issues of heirship, property identification, and division.
  • Estate Tax: Heirs are required to file an estate tax return and pay the necessary taxes before distribution.

6. Conclusion

Intestate succession ensures that an individual’s estate is distributed in accordance with law when no valid will exists. Understanding its principles, especially the hierarchy of heirs, is crucial for the proper settlement of estates. Careful compliance with statutory procedures and documentation is necessary to avoid disputes and legal complications.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login