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    Lecture Notes For Succession

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    Jim M. Magadan
    1. The document discusses principles of succession and inheritance, including who qualifies as an heir with no will present and the hierarchy of who inherits. 2. Key terms are defined such as testator, devisee, legacy, and subjects of succession. 3. Upon death, a decedent's property and obligations are transferred according to whether they left a will or not, with intestate succession applying if there is no will.

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    Lecture Notes For Succession

    Uploaded by

    Jim M. Magadan
    233 views1 page
    1. The document discusses principles of succession and inheritance, including who qualifies as an heir with no will present and the hierarchy of who inherits. 2. Key terms are defined such as testator, devisee, legacy, and subjects of succession. 3. Upon death, a decedent's property and obligations are transferred according to whether they left a will or not, with intestate succession applying if there is no will.

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    Lecture notes for Succession

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    1. The document discusses principles of succession and inheritance, including who qualifies as an heir with no will present and the hierarchy of who inherits. 2. Key terms are defined such as testator, devisee, legacy, and subjects of succession. 3. Upon death, a decedent's property and obligations are transferred according to whether they left a will or not, with intestate succession applying if there is no will.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    233 views1 page

    Lecture Notes For Succession

    Uploaded by

    Jim M. Magadan
    1. The document discusses principles of succession and inheritance, including who qualifies as an heir with no will present and the hierarchy of who inherits. 2. Key terms are defined such as testator, devisee, legacy, and subjects of succession. 3. Upon death, a decedent's property and obligations are transferred according to whether they left a will or not, with intestate succession applying if there is no will.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Recognition of the right of the property of the testator Legitime only refers only to the testamentary succession

    and also right of the family of the testator.


    Intestate heir – if there is no will and testament
    Principles
    Legal heirs – are not only limited to children and parents,
    1. The nearer excludes the farther but to certain class of relatives only if there are no
    2. Direct relatives exclude the collateral children or parents surviving. May be brothers and/or
    3. Succession cannot take place if the testator is sisters, or the heirs of the brother and/or sister, of up to
    still alive. the 5TH degree of consanguinity. Last is the government.

    No future inheritance cannot be a valid object of a Device – gift of SPECIFIC real property.
    contract.
    Legacy – gift of SPECIFIC personal property.
    Will and testament before can pass ownership right, it
    OBJECT OF SUCCESSION
    must be probated.
    Inheritance includes all the property, rights and
    If not admitted to the court, the will is worthless piece of
    obligation of a person which are not extinguish by his
    paper.
    death.
    Who will probate?
    - Personal obligations are extinguished upon
    - The testator himself during his/her lifetime – death.
    preferably
    Transmissible Obligation
    o Even if the will is already been probated,
    the testator can still revoke the will Monetary –
    without any legal impediment because
    Obligations which are not extinguished –
    succession takes place only the death of
    the decedent. Art. 390 – at the end of 10 yeas
    4. Interest of the family overrides the will of the
    testator. 391 – at the occurrence; blotter, marine protest

    Transfer from the moment of death.

    If there is a will – probate proceedings

    If no will – intestate or administrative proceedings

    You can sell your interest on the inheritance.

    SUBJECTS OF SUCCESSION

    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.

    Testator – if there is a will.

    Heir - An heir is a person called to the succession either


    by the provision of a will or by operation of law.

    Devisees and legatees are persons to whom gifts


    of real and personal property are respectively given by
    virtue of a will.

    - Compulsory heir – term; it is a case of testate


    succession.

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