SUCCESSION: Concept

 

A.      Concept: Succession (definition, when opened, kinds & heirs)

i.     Definition

ARTICLE 774. 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.

ARTICLE 775. In this Title, “decedent” is 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.

ARTICLE 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.

 

ii.    Requisites of Succession

1. Death of decendent;

2. acceptance of the inheritance by the successor;

3. Transmissible estate; and

4. existence and capacity of successor, designated by decendent or law.

 

iii.   Parties to Succession

1. Decedent (transferor/causante/de cuius/actor) – the one who dies

*testator if with will, decedent if without a will

2. Sucessor/Transferee/causa habiente – the one who succeeds

*by universal title – heir

*by particular title – devisee or legatee

 

iv.   When opened

ARTICLE 777. The rights to the succession are transmitted from the moment of the death of the decedent.

 

The rights to a person’s succession are transmitted from the moment of his death. In addition, the inheritance of a person consists of the property and transmissible rights and obligations existing at the time of his death (by virtue of succession), as well as those which have accrued thereto (by virtue of ownership, by right of accession) since the opening of the succession. (Balus v. Balus, G.R. No. 168970, Jan. 10, 2010)

v.    Kinds of succession

1. Testamentary Succession - that which results from the designation of an heir, made in a will executed in the form prescribed by law (Art. 779)

2. Legal or Intestate Sucession – that which takes place if a person dies without a will, or with a void will, or one which has subsequently lost its validity

3. Mixed Succession – that effected party by will and partly by operation of law (Art. 780)

4. Compulsory Succession – succession to the legitimes (this prevails over all other kinds)

 

vi.   Kinds of Heirs

1. Voluntary or Testamentary Heirs – called to succeed by virtue of the will of the testator:

a. Devisee – persons to whom gifts of real property are given by virtue of a will

b. Legatee – persons to whom gifts of personal property are given by virtue of a wil

2. Compulsory Heir – called by law to succeed to a portion of the testator’s estate known as legitime. They succeed by force of law to some portion of the inheritance, in an amount predetermined by law, of which they cannot be deprived by the testator, except by a valid disinheritance

3. Legal or Intestate Heir – those who succeed by operation of law through intestate succession. Those who succeed to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will.

 

Heirs v. Devisees/Legatees

BASIS	HEIRS	DEVISEES/ LEGATEES
As to representation of decedent’s juridical person	Represent the juridical personality of the deceased and acquire their rights, with certain exceptions to his obligations	Never represent the personality of the deceased no matter how big the legacy or the devise is
Determination of amount of inheritance	Inherit an undetermined quantity whose exact amount cannot be known, and which cannot be fixed until the inheritance is liquidated	Are always given a determinate thing or a fixed amount
Extent of succession of right	Succeed to the remainder of the properties after all the debts and all the legacies and devices have been paid or giver	Only succeed to the determinate thing or quantity which is mentioned in the legacy or devise
As to when they exist	Can exist whether the succession be testate or intestate	Only in testamentary succession