Pangatungan, Sherrie Jane S.
Group 5 TTH 3:00PM – 4:30PM
1. What is succession?
As defined under Art. 774 of the Civil Code, succession is a mode of acquisition by virtue of
which the property, rights and obligations to the extent of the value of the inheritance, of a
person are transmitted through his death to another or others either by his will or by operation
of law. The inheritance includes all the property, rights and obligations of a person which are not
extinguished by his death (Art. 776, Ibid.). The rights to the succession are transmitted from the
moment of the death of the decedent (Art. 777, Ibid). The decedent is a deceased or dead person.
2. Enumerate and discuss each of the types of succession.
There are three types of succession: Testamentary or Testate Succession, Legal or Intestate
Succession, and Mixed Succession.
Testamentary or Testate Succession - According to Art 779 of the Civil Code,
Testamentary Succession is what which results from the designation of the heir, made
in a will executed in the form prescribed by law. A person can specify the recipient of
his properties upon death. This designation must be made through a written document
called last will and testament. A person who died with a will is said to be testate. A
person who died with a written will is called testator.
Legal or Intestate Succession – When a decedent dies without a will or with an invalid
one, the distribution of the estate shall be in accordance with the default provision of the
Civil Code on succession.
Mixed Succession - Transmission of the decedent properties shall be partly by virtue of a
written will and partly by operation of law.
3. What is a will? Discuss briefly.
A will is an act whereby a person is permitted, with the formalities prescribed by law, to control
to a certain degree the disposition of this estate, to take effect after his death (Art. 783, Ibid). A
will is an expression of the decedent’s desire as to how his properties will be distributed after his
or her death.
The making of a will is strictly personal act; it cannot be left in whole or in part of the discretion
of a third person, or accomplished through the instrumentality of an agent or attorney (Art 784,
Ibid).
4. What are the different types of will? Discuss them briefly.
Holographic Will - A will which is entirely written, dated, and signed by the hand of the
testator himself. It will need not be witnessed.
Notarial Will - A notarized will signed by the decedent and witnesses.
Codicil - A supplemental or addition to a will, made after the execution of a will and
annexed to be taken as a part thereof, by which disposition made in the original will is
explained, added to, or altered. It needs to be executed as in the case of a will to be valid.
*Every will must be acknowledged before a notary public by the testator and the witnesses.*
5. Enumerate and explain each elements of succession.
Decedent - The general term applied to the person whose property is transmitted through
succession, whether or not he left a will. If he left a will, he is also called the testator (Art
775, Ibid).
Estate - The property, rights and obligation of the decedent not extinguished by his death.
This is also referred to as the “inheritance” of the decedent.
Heirs - A person called to the succession either by the provision of a will or by operation
of law (Art. 782, Ibid.).
5. Briefly discuss the types of compulsory heirs and their order of succession.
1. Primary Heirs - Legitimate children and their direct descendant.
*Legitimate children are those born out of a legal marriage.
*Direct descendants refer to children or, in their absence, grandchildren.
2. Secondary Heirs - Legitimate/illegitimate parents and ascendants.
*Legitimate parents refer to biological parents.
*Illegitimate parents are adopting parents to an adopted child.
*Under the Revised Family Code, adoptive parents can now qualify as secondary heirs
sharing 50:50 with biological parents.
*The secondary compulsory heirs shall inherit only in default of the primary heirs.
3. Concurring Heirs - The surviving spouse and illegitimate descendants.
*The surviving spouse is the widow or widower of the decedent.
*Illegitimate descendants are illegitimate children.
7. Briefly discuss the sharing of the inheritance under intestate succession.
1. The decedent and the surviving spouse shall first share in their common properties.
The common properties net of expenses and obligations chargeable to the common properties of
the spouses is divided between the decedent and the surviving spouse.
2. Determination of the decedent’s net interest.
The decedent net interest comprising of the following is computed with the following:
(a) Exclusive property of the decedent,
(b) Share of the decedent in the net common properties.
3. The partition of the decedent’s net interest to the heirs is as follows:
(a) Surviving spouse,
(b) Legitimate children,
(c) Illegitimate children.
The surviving spouse and each of the children have one share each. Each illegitimate child is
entitled to a half share.
8. Distinguish legitime and free portion.
Legitime is that part of the testator’s property which he cannot dispose of because the law has
reserved it for certain heirs, who are, therefore, called compulsory heirs (Art 886, Ibid). The
excess properties of the decedent are called free portion. By means of a last will and testament,
a testator can designate the free portion of his estate for additional heirs irrespective of their
relationship to him but he cannot exclude or disinherit compulsory heirs without a valid basis
under the law
9. Enumerate the similarities and disparities between legatee and devisee.
Legatee is a person whom gifts of personal property (like jewelry, vehicles, cash, etc.) is
given in a virtue of a will.
Devisee is a person whom gifts of real property (such as family home) is given by virtue
of a will.
10. Enumerate the similarities and disparities between executors and administrators.
In terms of their duties, there is no difference between an Executors vs. Administrator. The
difference is the way in which they have been appointed. An Executor is nominated within the
Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to
manage or administer a decedent’s estate.
EXECUTORS ADMINISTRATOR
The Court procedure for the The Court procedure for the However, whether an
appointment of an Executor appointment of an Administrator Administrator or Executor
involves the probate of a Will. is different since there is no Will is appointed, they each
involved have numerous powers
and obligations regarding
the handling of estate
affairs
the estate is distributed in distributes an estate according to
accordance with the Will the laws of intestate succession-
i.e. to the decedent’s statutory
next-of-kin
Person named by decedent who Administrator is a person To allow performance of
shall carry out provisions of his appointed by court to manage the these duties the title to the
will. distribution of the estate of the personal property passes
decedent. An administrator is also to the executor or
appointed in the case of the death administrator, rather than
without a will (intestate) of any to the beneficiaries.
person who owns property. Those
chosen representatives collect the
assets and pay the debts of the
estate and then distribute what
remains to those who are entitled
by provisions of the will or by law
