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    Right of Representation in Succession

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    Jose Bonifacio
    1. Right of representation is a legal fiction where a representative inherits the rights that the person they represent would have if still living or able to inherit. 2. When right of representation applies, the estate is divided per stirpes so that representatives do not inherit more than the represented person would. 3. Right of representation can arise due to death, incapacity, or disinheritance of an heir and applies only to descendants, not other relatives or adopted children.

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    Right of Representation in Succession

    Uploaded by

    Jose Bonifacio
    140 views4 pages
    1. Right of representation is a legal fiction where a representative inherits the rights that the person they represent would have if still living or able to inherit. 2. When right of representation applies, the estate is divided per stirpes so that representatives do not inherit more than the represented person would. 3. Right of representation can arise due to death, incapacity, or disinheritance of an heir and applies only to descendants, not other relatives or adopted children.

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    1. Right of representation is a legal fiction where a representative inherits the rights that the person they represent would have if still living or able to inherit. 2. When right of representation applies, the estate is divided per stirpes so that representatives do not inherit more than the represented person would. 3. Right of representation can arise due to death, incapacity, or disinheritance of an heir and applies only to descendants, not other relatives or adopted children.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    140 views4 pages

    Right of Representation in Succession

    Uploaded by

    Jose Bonifacio
    1. Right of representation is a legal fiction where a representative inherits the rights that the person they represent would have if still living or able to inherit. 2. When right of representation applies, the estate is divided per stirpes so that representatives do not inherit more than the represented person would. 3. Right of representation can arise due to death, incapacity, or disinheritance of an heir and applies only to descendants, not other relatives or adopted children.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    RIGHT OF
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    What is right of
    representation?
    Right created by fiction of law where the representative is raised to the
    place and degree of the person represented, and acquires the rights which
    the latter would have if he were living or could have inherited.
    (http://www.firm.batasnatin.com)

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    us to assist you in your legal


    representation? needs.

    Whenever there is succession by representation, the division of the estate


    shall be made per stirpes, in such manner that the representative or
    representatives shall not inherit more than what the person they represent More about this topic:
    would inherit, if he were living or could inherit. (Art. 974)
    LEGAL OR INTESTATE
    Note: Per stirpes means inheritance by group, all those within the group SUCCESSION (/law-library
    inheriting in equal shares. Representation is superior to accretion. /civil-law/succession/2373-
    legal-or-intestate-
    succession.html)
    No contracts may be entered
    When does right of into upon future inheritance
    except in cases expressly
    representation arise? authorized by law (/law-library
    /civil-law/succession/291-no-
    Representation may arise either because of: contracts-may-be-entered-into-
    1. death, upon-future-inheritance-
    except-in-cases-expressly-
    2. incapacity, or authorized-by-law.html)
    3. disinheritance. Preterition- J.L.T. Agro, Inc. v.
    Antonio Balansag and Hilaria
    Cadayday (/law-library/civil-
    law/succession/290-preterition-

    When is right or jlt-agro-inc-v-antonio-


    balansag-and-hilaria-

    representation not available? cadayday.html)


    Preterition in Succession (/law-
    1. As to compulsory heirs: In case of repudiation, the one who repudiates library/civil-law/succession
    his inheritance cannot be represented. Their own heirs inherit in their own /288-preterition-in-
    right. succession.html)
    SUCCESSION –
    2. As to voluntary heirs:
    SETTLEMENT OF ESTATE
    Voluntary heirs, legatees and devisees who: (/law-library/civil-
    law/succession/287-
    a. Predecease the testator; or
    succession--settlement-of-
    b. Renounce the inheritance cannot be represented by their own heirs, with estate.html)
    respect to their supposed inheritance. Bellis vs. Bellis 20 scra 258
    (/law-library/civil-
    law/jurisprudence/481-bellis-
    Does right of representation apply in the collateral line? vs-bellis-20-scra-258.html)
    Aznar vs. Garcia 7 s 95 (/law-
    Right of representation takes place only in favor of children of brothers or
    library/civil-law/jurisprudence
    sisters, whether full or half blood and only if they concur with at least one
    /480-aznar-vs-garcia-
    uncle or aunt.
    7-s-95.html)
    Note: This rule applies only when the decedent does not have POSSESSION - Legal
    descendants. Implications (/law-library/civil-
    law/property/1212-possession-
    legal-implications.html)

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    Does the right of


    representation apply to
    adopted children?
    No. The right of representation cannot be invoked by adopted children
    because they cannot represent their adopting parents to the inheritance of
    the latter’s parents.

    Reason: The law does not create any relationship between the adopted
    child and the relatives of the adopting parents, not even to the biological or
    legitimate children of the adopting parents.
    (http://www.firm.batasnatin.com
    Note: Under R.A. 8552 or the Domestic Adoption Law, the adopted child /free-legal-advice/index.html)
    and the adopting parents have reciprocal successional rights.

    What is the rule on equal


    division of lines?
    General Rule: Intestate heirs equal in degree inherit in equal shares.

    Exception:

    1. In the ascending line, the rule of division by line is ½ to the maternal line
    and ½ to the paternal line, and within each line, the division is per capita.

    2. In the collateral line, the full-‐blood brothers/sisters will get double that of
    the half-blood.

    3. The division in representation, where division is per stirpes – the


    representative divide only the share pertaining to the person represented.

    Note: The share of an illegitimate child is ½ of the share of a legitimate


    one. Full blood brother or sister is entitled to double the share of half
    brother or sister (Art. 1006). Compulsory heirs shall, in no case, inherit ab
    intesto less than their legitime as provided in testamentary succession.

    Prev (/law-library/civil-law/succession/2375-iron-curtain-rule.html)

    Next (/law-library/civil-law/succession/2373-legal-or-intestate-
    succession.html)

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