Legatees and Devisees

Legatees and Devisees | Successors | Elements of Succession | Succession | WILLS AND SUCCESSION

Under Philippine law, the topic of succession in civil law is intricately governed by the Civil Code, specifically Book III, which outlines the comprehensive rules on wills and succession. Succession involves the transfer of rights, obligations, and properties from a deceased person to their successors. Below is a detailed examination of the aspects of legatees and devisees, key types of successors under this system.

I. Elements of Succession

In Philippine law, succession is comprised of several key elements:

  1. The Decedent: The person who has died and whose estate is subject to succession.
  2. The Estate: The totality of properties, rights, and obligations of the deceased, not extinguished by their death.
  3. The Heirs and Successors: The individuals or entities to whom the decedent's estate will be passed. This includes legatees and devisees, which are specific successors in testamentary succession.
  4. The Will: A legal document wherein the decedent expresses their wishes for the disposition of their estate upon death.
  5. Legal Process: Includes probate or administration proceedings that legally recognize and enforce the transfer.

II. Types of Successors

Successors in succession law can broadly be classified into heirs, legatees, and devisees. Under the Civil Code:

  • Heirs are those who inherit the entire or a portion of the estate of the deceased.
  • Legatees and Devisees are beneficiaries specifically named in a will to receive particular items or amounts of the decedent’s estate.

III. Legatees and Devisees

Legatees and devisees are distinguished as successors who receive specific gifts under a will. They are generally mentioned in testamentary succession (by virtue of a will) as opposed to intestate succession (when there is no will). The Civil Code specifies key definitions and distinctions:

  1. Legatees: Individuals who receive personal property, such as money, jewelry, or other personal effects, as specified in the will. A legacy, in legal terms, refers specifically to a bequest of personal property.
  2. Devisees: Individuals who are granted real property, like land or buildings, as designated by the decedent in the will. A devise traditionally refers to the bequest of real property.

IV. Rights and Obligations of Legatees and Devisees

Under the Civil Code, legatees and devisees are entitled to receive the particular item or amount stated in the will, provided there are sufficient assets after the payment of debts and other obligations of the estate. Key aspects include:

  1. Right to Specific Gifts: Legatees and devisees receive only what is specifically designated to them in the will.
  2. Order of Payment: They are generally paid after debts, charges, and other obligations of the estate but before the residual heirs are considered.
  3. Conditions and Terms: The will may specify certain conditions, terms, or limitations on legacies and devises. For example, a testator may condition a legacy on the legatee fulfilling a specific requirement, like taking care of a dependent.
  4. Reduction and Abatement: If the estate lacks sufficient assets to cover all gifts specified in the will, legacies and devises may be subject to reduction (abatement) proportionally, unless the will specifies a priority order.
  5. Right to Accretion: If a legacy or devise becomes ineffective or a legatee/devisee predeceases the testator without a substitute, other designated legatees or devisees may inherit through accretion, if stated in the will.

V. Types of Legacies and Devises

  1. Universal Legacies: Refers to an individual receiving all of the testator's personal properties. This is rare and usually seen in cases where a single legatee or devisee is intended to inherit the entire estate.
  2. Particular Legacies and Devises: These refer to specific items or properties designated to individual successors. For example, a particular legacy might be a specific amount of money or a unique heirloom.
  3. Conditional and Term Legacies and Devises: Some legacies and devises come with specific conditions, either suspensive (must be met before the inheritance is received) or resolutory (may revoke the inheritance if conditions are met or unmet after delivery).

VI. Substitution in Legacies and Devises

The Civil Code permits a testator to name a substitute in case the primary legatee or devisee is unable or unwilling to accept the gift. This provision allows flexibility in the disposition, ensuring that the estate passes according to the decedent’s wishes even if circumstances change.

VII. Effects of Void Legacies and Devises

If a legacy or devise is invalid due to illegality, impossibility, or a defective designation, the gift does not pass to the intended legatee or devisee. Instead:

  1. Reversion to the Estate: The asset generally reverts to the residuary estate and may be redistributed among other heirs.
  2. Accretion: If the will provides for accretion, the legacy or devise may instead be allocated to other designated successors.

VIII. Probate and Administration Requirements

Philippine law requires probate of wills to confirm their validity before any disposition of the estate. Probate proceedings involve:

  1. Verification of the Will’s Authenticity: Ensuring it meets the legal requirements of form and was executed without fraud, duress, or undue influence.
  2. Identification of Beneficiaries: Determining that legatees and devisees named are legally entitled to the specific bequests.
  3. Payment of Estate Obligations: Ensuring debts, expenses, and taxes are settled prior to distributing legacies and devises.

IX. Distinctions from Heirs in Intestate Succession

Legatees and devisees differ fundamentally from heirs in intestate succession:

  • Scope: Legatees and devisees are entitled only to specific gifts, while heirs receive undivided portions of the estate under intestate succession.
  • Order of Preference: In cases of insufficient assets, intestate heirs may only inherit after all specific bequests (legacies and devises) are fulfilled or abated accordingly.

X. Tax Implications

In the Philippines, inheritance and transfer of property are subject to estate taxes, which affect both legatees and devisees:

  1. Estate Tax: Based on the net value of the estate after allowable deductions.
  2. Documentation and Compliance: Legatees and devisees may be required to assist in compliance with estate tax obligations, though the primary duty rests with the estate’s administrator or executor.

In summary, legatees and devisees under Philippine succession law play a vital role in testamentary disposition, receiving specific assets as outlined in the will. Their rights, however, are subordinated to estate obligations, and their bequests may be subject to reduction based on the estate’s sufficiency and probate outcomes.