Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
Table 1. VALIDITY AND EFFECT OF LEGACY VALIDITY AND EFFECT OF LEGACY Thing owned in part by testator General Rule: Conveys only interest or part owned by testator (Art. 929)
Thing owned by another (Arts. 930-931)
Exception : : if testator otherwise provides – 1. He may convey more than what he owns - the state should try to acquire the part or interest owned by other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the monetary equivalent (analogy with Article 931) 2. He may convey less less than what he owns (Article 794) General Rule: 1. If testator ordered acquisition of the thing - the order should be complied with. If the owner is unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent
2.
If testator erroneously believed that the thing belonged to him - legacy/device is void Exception: if testator acquire the thing onerously or gratuitously after making of the disposition, disposition is validated
3.
Thing already owned to the legatee/devisee (Arts 932-933)
1.
2.
If testator knew that the thing thing did not belong to him him but did not order its acquisition - code is silent but disposition should be considered valid - there is an implied order to acquire and doubts must be resolved in favor of intestacy If thing already belonged to legatee/devisee at time of execution of will – legacy/devise is void If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee: a. If testator erroneously believed that he owned owned the the thing – legacy /devise is void b. If testator was not in error – i. If thing was acquired onerously by L/D – L/D entitled to be reimbursed ii. If thing was acquired gratuitously by L/D – nothing is due
3.
QuickTime™ and a an Legacy/Devise to remove TIFF (Uncompressed) decompressor are neededover to see this encumbrance a picture. thing belonging to testator (Art 932 par 2) Legacy/Devise of a thing pledged or mortgaged (Article 934)
If thing was owned by testator at time will was made and L/D acquired the thing from him thereafter – law is silent *Balane – L/D deemed revoked *Tolentino – no intention to revoke (BUT if the testator has not alienated the thing directly to the L/D, but to a rd 3 person and the former just acquired it from the latter, there is an intention to revoke) Valid, if the encumbrance can be removed for a consideration
The encumbrance must be removed by paying the debt unless the testator intended otherwise
Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
Table 2. RULES OF EXCLUSION AND CONCURRENCE Intestate Heir Legitimate children and Legitimate descendants
EXCLUDES Ascendants, collaterals and state Illegitimate parents, collaterals and state Collaterals and state Collaterals and state
Illegitimate children and Descendants
Legitimate parents and legitimate ascendants Illegitimate parents
Surviving spouse
Siblings, nephews nieces
Other collaterals within 5 degree
th
State
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Collaterals other than siblings, nephews and nieces All other collaterals and state
Collateral remoter in degree and state
No one
EXCLUDED BY No one
CONCURS WITH Surviving spouse Illegitimate children
No one
Surviving spouse Legitimate children and legitimate parents
Legitimate children Legitimate children and illegitimate children No one
Illegitimate children and surviving spouse Surviving spouse
Legitimate children, illegitimate children, Legitimate parents and illegitimate parents Legitimate children Illegitimate children Legitimate parents Illegitimate parents and Surviving spouse Everyone
Legitimate children Illegitimate children Legitimate parents and Illegitimate parents Surviving spouse
Collaterals in the same degree
No one
Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
Table 3. SUMMARY OF INTESTATE SHARES Legitimate Children and Legitimate Descendants Alone Intestate Heir Legitimate children TOTAL
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL ½
TOTAL INTESTATE SHARE 1
½
½
1
SHARE AS FREE DISPOSAL
TOTAL INTESTATE SHARE ½ ½ 1
One Legitimate Child and Surviving Spouse Intestate Heir Legitimate child Surviving spouse TOTAL
SHARE AS LEGITIME ½ ¼ ¾
¼ ¼
Legitimate Children and Surviving Spouse Intestate Heir
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL Remaining portion of estate after paying legitimes
Surviving spouse
Same as share of @ legitimate child
TOTAL
Varies on no. of children
Legitimes to be divided equally between total no. of children plus the surviving spouse Varies on no. of children
Legitimate children
TOTAL INTESTATE SHARE Whole estate divided equally between total number of children plus the surviving spouse No. of children plus the surviving spouse (see above)
1
Legitimate Children and Illegitimate Children Intestate Heir
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL Remaining portion of estate after paying legitimes
Illegitimate children
½ share of @ legitimate child
TOTAL
Varies on no. of children
Legitimes to be divided by the ratio of 2 for @ legitimate child, 1 for @ illegitimate child Varies on no. of children
Legitimate children
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TOTAL INTESTATE SHARE Whole estate divided by the ratio of 2:1 for each legitimate child as compared to the illegitimate child 1 for @ illegitimate child provided that legitimes wouldn’t be impaired
One Legitimate Child, Illegitimate Child, and Surviving Spouse Intestate Heir Legitimate child
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL Remaining portion of estate after paying
TOTAL INTESTATE SHARE Whole estate divided by the ratio of 2 @
Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
Illegitimate child
½ share of @ legitimate child
Surviving spouse
¼
TOTAL
Varies depending on no. of illegitimate children
legitimes to be divided by the ratio of 2:1 for @ legitimate child and @ illegitimate child, respectively 1 for @ illegitimate child (see above) Same share as a legitimate child Varies depending on no. of illegitimate children
legitimate child
1 for @ illegitimate child Legitimes wouldn’t be impaired 1
Legitimate Children, Illegitimate Children and Surviving Spouse Intestate Heir
Illegitimate children
½ share of @ legit child
Surviving spouse
¼
TOTAL
Varies depending on no. of illegitimate children
SHARE AS FREE DISPOSAL Remaining portion of estate, if any after paying legitimes to be divided by the ratio of 2 for @ legitimate child 1 for @ illegitimate child (see above) Same share as a legitimate child, provided legitimes are not impaired Varies depending on no. of illegitimate children
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL ½
TOTAL INTESTATE SHARE 1
½
½
1
SHARE AS LEGITIME ½ ¼
SHARE AS FREE DISPOSAL ¼
TOTAL INTESTATE SHARE ½ ½
¾
¼
1
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL
TOTAL INTESTATE SHARE ½
¼ ¾
¼ ¼
½ 1
Legitimate children
SHARE AS LEGITIME ½
TOTAL INTESTATE SHARE Whole estate divided by the ratio of 2:1 for @ legitimate child and illegitimate child respectively 1 for @ illegitimate child (see above) Same share as a legitimate child, provided legitimes are not impaired 1
Legitimate Parents Alone Intestate Heir Legitimate parents TOTAL
Legitimate Parents and Illegitimate Children Intestate Heir Legitimate parents Illegitimate children QuickTime™ and a TIFF (Uncompressed) decompressor TOTAL are needed to see this picture.
Legitimate Parents and Surviving Spouse Intestate Heir Legitimate parents Surviving Survivi ng spouse TOTAL
Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007 Legitimate Parents, Surviving Spouse and Illegitimate Children Intestate Heir
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL
TOTAL INTESTATE SHARE ½
1/8 ¼
1/8
¼ ¼
7/8
1/8
1
SHARE AS LEGITIME 1/3
SHARE AS FREE DISPOSAL 1/6
TOTAL INTESTATE SHARE ½
1/3 2/3
1/6 1/3
½ 1
Intestate Heir
SHARE AS LEGITIME
SHARE AS FREE DISPOSAL
TOTAL INTESTATE SHARE
Surviving spouse
½ or 1/3
½ or 1/3
1
TOTAL
½ or 1/3
½ or 1/3
1
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL ½
TOTAL INTESTATE SHARE 1
½
½
1
SHARE AS FREE DISPOSAL ¼
TOTAL INTESTATE SHARE ½
¼
½
½
½
1
SHARE AS LEGITIME ½
SHARE AS FREE DISPOSAL ½
TOTAL INTESTATE SHARE 1
½
½
1
SHARE AS FREE DISPOSAL ½
TOTAL INTESTATE SHARE ½ ½
½
1
Legitimate parents Surviving spouse Illegitimate children TOTAL
Illegitimate Children and Surviving Spouse Intestate Heir Illegitimate children Surviving spouse TOTAL
Surviving Spouse
Illegitimate Parents Alone Intestate Heir Illegitimate parents TOTAL
Illegitimate Parents and Surviving Spouse Intestate Heir Illegitimate parents Surviving spouse
SHARE AS LEGITIME ¼ ¼
TOTAL
Siblings, Nephews and Nieces Alone Intestate Heir Siblings, nephews, nieces QuickTime™ and a TOTAL TIFF (Uncompressed) decompressor are needed to see this picture.
Surviving Spouse, Siblings, Nephews and Nieces Intestate Heir Surviving spouse Siblings, nephews, nieces TOTAL
SHARE AS LEGITIME ½
½
Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
Table 4. IMPORTANT PERIODS TO REMEMBER:
PERIODS TO REMEMBER ON PARTITION 1 month or less before Testator, if publicly known to be making a will insane, burden of proof is on the one claiming validity of the will 20 years Maximum period testator can prohibit alienation of dispositions 5 years from delivery to To claim property escheated to the the State State 1 month To report knowledge of violent death of decedent lest he be considered unworthy 5 years from the time Action for declaration of incapacity & disqualified person took for recovery of the inheritance, devise possession or legacy 30 days from issuance of Must signify acceptance/repudiation order of distribution otherwise, deemed accepted 1 month form written Right to repurchase hereditary rights notice of sale sold to a stranger by a co-heir 10 years To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues 5 years from partition To enforce warranty of solvency of debtor of the estate at the time partition is made 4 years form partition Action for rescission of partition on account of lesion
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