BASIC SUCCESSION 1.

All property, rights, obligation and those which

have accrued thereto from the opening of
Chapter 1-GENERAL PROVISION succession,
A. DEFINITION OF SUCCESSION-Art. 774 2. Of a decedent, not extinguish by his death, or
Art. 774-Succession is a mode of acquisition by are transmissible rights.
virtue of which the property, rights and obligations 3. Existing at the time of his death.
to the extent of the value of inheritance, of a person
are transmitted through his death to another or
others either by his will or by operation of law.
To the extent of the value of inheritance
Elements
An heir cannot inherit the property, rights or
1. Succession is a mode of acquisition obligation of decedents beyond the value of such
inheritance.
2. of property, rights and obligations (to the extent
of the value of inheritance) It also applies to situations where heirs inherit not
only the assets but also the liabilities of a deceased
3. of a person (decedent) person. However, their liability for debts is limited
4. Are transmitted through his death only to the value of the inheritance they receive.

5. to another or others (heirs, devisee, or legatee) Example:

6. Either by his will or by operation of law (means Juan, a Filipino businessman, passes away,
of transfer) leaving behind an estate worth ₱1,000,000.
However, he also has outstanding debts amounting
to ₱2,000,000. Pedro is his only son.
Succession as a mode of acquisition. Pedro inherits Juan's estate, which is worth
Succession is the legal process where the assets, ₱1,000,000. The creditors demand full payment of
rights, and obligations of a deceased person are the ₱2,000,000 debt. Under Philippine law, Pedro is
transferred to his/her heirs. not personally liable for the excess debt beyond
what he inherited. He is only obligated to pay up to
Succession is a mode acquiring, rights or obligation ₱1,000,000 (the value of the inheritance).
to the other person to the extent of the value of
inheritance transmitted by a person after his death. The remaining ₱1,000,000 in unpaid debt is
It could be by means of will or by operation of law. extinguished because heirs are not liable beyond
(art.774) the value of the inheritance.

Property, rights and obligations and accretion- Decedent-Art.775

[Inheritance] Art. 776 in relation to article 781. Art. 775- In this title (IV succession) “Decedent” is
Art. 776- Inheritance includes all property, rights the general term applied to the person whose
and obligations of a person which are not property is transmitted through succession, whether
extinguished by his death. or not he left a will. If he left a will, he is also called
the testator.
Inheritance of a person-Art.781
Art.781- Inheritance of a person includes not only
the property and the transmissible rights and To another or other-Art.782
obligations existing at the time of his death, but also Art. 782- An heir is a person called to the
those which have accrued thereto since the succession either by the provision of a will or by
opening of the succession. operation of law.
Therefore, inheritance includes:

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Devisee and legatees are persons to whom gifts of Art. 776- The inheritance includes all the property,
real and personal property are respectively given rights and obligations of a person which are not
by virtue of a will. extinguished by his death.
Art. 781-The inheritance of a person includes not
only the property and the transmissible rights and
Transmitted through his death obligations existing at the time of his death, but also
Succession can only commence from the time of those which have accrued thereto since the
the death of the person (decedent) who transmitted opening of the succession.
his property.(art.777)

C. ELEMENTS OF SUCCESSION-Art. 774

Either by a will or by operation of law. Succession-Art.774- A mode of acquisition, by
Will-Art. 783 virtue of which, the property, rights and obligation,
to the extent on the value of inheritance, is
Art. 783- A will is an act whereby a person is transmitted to other or another, either by will or by
permitted, with the formalities prescribed by law, to operation of law.
control to a certain degree the disposition of this
estate, to take effect after his death. Elements

By operation of law-Article 960 of the civil code. 1. A mode of acquisition of ownership

Intestate succession. 2. through the transfer of rights, property, and
Article 960- Legal or intestate succession obligation

Art.960 3. from a deceased person (decedent)

(1) If a person dies without a will, or with a void will, 4. Either by a will or by operation of law.
or one which has subsequently lost its validity;
(2) When the will does not institute an heir to, or INHERITANCE-Art. 776
dispose of all the property belonging to the testator.
In such a case the legal succession shall take place “The inheritance includes all the property, rights
only with respect to the property of which the and obligations of a person which are not
testator has not disposed; extinguished by his death”
(3) If the suspensive condition attached to the Inheritance includes:
institution of heir does not happen or is not fulfilled,
of if the heir dies before the testator, or repudiates 1. All property,
the inheritance, there being no substitution, and no 2. Rights
right of accretion takes place.
3. Obligations of a person
(4) When the heir instituted is incapable of
succeeding, except in cases provided in this Code. 4. Which are not extinguished by his death
Example: Property
B. SUCCESSION VS. INHERITANCE Real property
Succession-Art.774- A mode of acquisition, by 1. Land
virtue of which, the property, rights and obligation,
2. House and lot
to the extent on the value of inheritance, is
transmitted to other or another, either by will or by 3. Buildings
operation of law.
4. Agricultural land
Inheritance- Art. 776 in relation to Art. 781
5. Condominiums

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Personal property Type Description Example

1. Vehicles (cars, motorcycles, boats) so the law determines the

Succession follows legal heirs
heirs.
2. Jewelry A will only covers part of the
Combination of testate
Mixed Succession estate; the rest follows
3. Cash and intestate succession
intestate rules

4. Furniture and appliances Compulsory Reserved inheritance for A child automatically inherits
Succession compulsory heirs even if excluded from the will
5. Stocks, bonds, and other financial investments
Voluntary Based on the testator’s A person leaves assets to a
Rights Succession wishes in a will close friend

A single person dies

1. Leasehold rights (if transferable) Legal Succession
Follows the law’s order of
intestate; the estate goes to
inheritance
their siblings
2. Intellectual property rights (copyrights, patents,
trademarks, if not expired or personal)
3. Shares in a partnership or corporation DEFINITION OF DECEDENT-Art.775

Obligations Art. 775- In this title (IV succession) “Decedent” is

the general term applied to the person whose
1. Debts (loans, credit card debts, mortgages) property is transmitted through succession, whether
or not he left a will. If he left a will, he is also called
2. Liabilities arising from contracts (if not personal)
the testator.
3. Unfulfilled business obligations
Decedent-person whose property is transmitted
Excluded from inheritance (those extinguish by through succession, whether or not he left a will.
death)
Testator-if a decedent left a will.
1. Personal obligations (e.g., contracts that require
Intestate-if a person does not left a will.
personal performance)
Art. 776-Inheritance includes all the property, rights
2. Usufruct (if based on lifetime use)
and obligations of a person which are not
3. Parental authority over children. extinguished by his death.
D. VESTING OF SUCCESION RIGHTS-Art. 777 Inheritance composed of:
Art. 777-The rights to the succession are a. all the property, rights and obligations of a
transmitted from the moment of the death of the person
decedent.
b. which are not extinguish by his death.
Therefore, the heirs acquired ownership over the
property upon the death of the testator.
Inheritance which are extinguished by death
E. KINDS/TYPES OF SUCCESSION-Art. 778
a. Criminal liblity-Art.89 par (1) Criminal code-By
Art.778- Succession may be;
the death of the convict, as to the personal
(1) Testamentary (art.779) penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the
(2) Legal or intestate (art.960) offender occurs before final judgment
(3) Mixed (art.780) b. Contract of agency-Art.1919 par. (3) Civil
Summary Table of Succession Types code-Agency is extinguish by: (3) death, civil
interdiction, insanity, or insolvency of the principal
Type Description Example or of the agent.
Testate A father leaves a will dividing
Succession
Based on a will
his estate among his children
c. Parental authority over children art. 214 of
the civil code- In case of death, absence or
Intestate No will or invalid will; A person dies without a will,
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unsuability of parents, substitute parental authority, Before his death, Juan made a will, in which he
shall be exercised by the surviving grandparent. bequeathed his house and lot to his friend Luis.
However, Juan did not distribute his remaining
properties in the will.
Inheritance which are not extinguished by After Juan's death, the remaining properties (e.g.,
death cash, vehicles, jewelry, and farmland) are
Financial obligations, secured debts, business distributed according to the law on intestate
interests, and civil liabilities, intellectual property succession since they were not included in the will.
rights, mortgage loan. Testamentary Succession (by will) - Luis inherits
Art. 777-The rights to the succession are the house and lot as per Juan's will.
transmitted from the moment of the death of the Intestate Succession (by operation of law)-The
decedent. remaining properties are inherited by Pedro and
Commencement of succession-when the Maria, following the rules of intestate succession
decedent died. Therefore, if the person is still alive, under the Civil Code.
succession does not accrue.
Art. 778-Succession maybe: OTHER FORM OF INHERITANCE-Art.781
(1) Testamentary (with a will) “Inheritance of a person included not only in the
(2) Legal or intestate (no will) property and the transmissible rights and
obligations existing at the time of his death, but
(3) Mixed also those which have accrued thereto since the
opening of the succession.”
Art. 779-Testamentary succession is that which
results from the designation of an heir, made in a Composition of inheritance
will executed in the form prescribed by law.
1. Property, and transmissible rights and
Testamentary succession obligations
1. Results from designation of an heir, 2. Existing at the time of the death of decedent
2. Made in a will. 3. Including those which have accrued thereto
(Property, rights and obligation)
3. Executed in the form prescribed by law.
4. since the opening of the succession.
MIXED SUCCESSION-Art. 780
Example:
Art. 780-Mixed succession is that effected partly by
will and partly by operation of law. Maria, a wealthy businesswoman, passes away on
January 1, 2024. At the time of her death, she
Mixed succession
owned the following:
1. Partly by will
1. A house and lot
2. Partly by operation of law.
2. A bank account with ₱1,000,000
Example: Mixed succession
3. Shares in a corporation
Juan, a widower, passes away, leaving behind the
4. Rental properties generating monthly income
following heirs:
Upon Maria’s death, her children, Pedro and Ana,
1. His son Pedro
inherit her estate. However, the inheritance is not
2. His daughter Maria limited to what Maria owned at the time of her
death. It also includes any rights or income that
3. His close friend Luis accrue after her death.

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Rental Income – Maria's rental properties continue Subsection 1-Wills in General
to generate income even after her death. Any rent
collected after January 1, 2024 is also part of the WILL-Art. 783
inheritance. “A will is an act whereby a person is permitted, with
Bank Interest – The ₱1,000,000 in Maria’s bank the formalities prescribed by law, to control to a
account accrues interest. Any interest earned after certain degree the disposition of this estate, to take
her death is also included in her estate. effect after his death”

Dividends on Stocks – Maria’s corporate shares Elements

entitle her to dividends. Even though she passed 1. will is an act, where by a person is permitted,
away before the dividend payout (e.g., paid on
March 1, 2024), the dividends still form part of the 2. with formalities prescribed by law
estate and are inherited by Pedro and Ana.
3. to control to a certain degree the disposition of
The inheritance of Maria’s heirs includes not only estate,
the properties and rights existing at the time of
4. take effect after his death.
her death but also those that accrued thereafter,
such as stock dividends, rental income, and bank Aspect Succession Will
interest. Definition The legal process by A legal document that
which a deceased states how a person
HEIR-Art. 782 person's estate is wants their estate
transferred to heirs. distributed after death
Art. 782-An heir is a person called to the Types Testate Succession – Notarial Will –
succession either by the provision of a will or by If there is a valid will. Signed before
operation of law. Intestate Succession witnesses and
– If there is no will, the notarized.
Devisees and legatees are persons to whom gifts law determines the Holographic Will –
heirs. Entirely handwritten,
of real and personal property are respectively given signed, and dated by
by virtue of a will. the testator.
Governing Succession laws in Rules on wills and
Heir-person called to the succession by a will or law the Civil Code. testaments in the
operation of law. Civil Code.
When It Automatically happens Takes effect only
Devisee - to whom gifts of real property are given Takes upon death of the after the testator’s
by virtue of a will. Effect decedent. death and probate
approval
Legatee-to whom gift of real property is given by Main Ensures the transfer Allows a person to
virtue of a will. purpose of the estate whether decide how to
or not there is a will. distribute their
Legatee and devisee exist only in testamentary estate after death.
succession. Formalities No formal document is A will must meet strict
Required required for intestate legal formalities
Heir exist in both testate and intestate succession. succession (e.g., signing,
witnessing, and
Terms Applicable in Inheritance Example probate).
a will? Can Be Intestate succession Wills can be
Contested? follows the law, but challenged in
Heir Yes to both. Any inheritance by Juan’s children disputes over heirs probate court due to
will or of law. inherit his estate may arise. fraud, undue
automatically. influence, or lack of
Devisee Only to Real property Juan gives his capacity
testate (land, house, house to Maria in
succession buildings, etc.) his will.
Legatee Only to Personal property Juan gives ₱1M A will is an act of a person
testate (money, stocks, to Pedro in his
succession jewelry, etc.) will. It is a legal act performed by the testator (the
person making the will) to distribute his or her
CHAPTER 2 TESTAMENTARY SUCCESSION estate upon death.

SECTION 1- WILLS
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It is a unilateral legal act of a person who wishes A testator may establish a trust in their will,
to dispose of their property in a specific manner appointing a trustee to manage assets for the
after death. benefit of heirs. This enables them to control to a
certain degree the disposition of the estate,
ensuring that funds are used for specific purposes
Whereby a person is permitted with formalities such as education or medical needs.
prescribed by law Example: Partition by Will (Article 1080, Civil
Used to describe legal acts that an individual can Code)
perform only if they comply with the necessary legal A person making a will may specify how their estate
requirements. should be divided among heirs, exercising their
Example: right to control to a certain degree the disposition of
their estate while ensuring the legal shares of
Juan Dela Cruz, a 65-year-old Filipino compulsory heirs are upheld.
businessman, wishes to distribute his estate upon
his death.
Under Article 783 of the Civil Code, he is permitted To take effect after his death
to make a will, but he must follow the formalities Applies to legal acts, such as wills, life insurance
prescribed by law for it to be valid. policies, and certain donations, that do not become
legally enforceable until the person who made them
passes away.
To control to a certain degree the disposition
of this estate Juan Dela Cruz creates a will, stating that his
house and lot shall go to his wife, his car to his son,
This means that while a person can decide how to and his bank savings to his daughter. Since a will is
distribute their property through a will or legal a legal act that only operates to take effect after his
arrangement, Philippine law places limitations, death, his heirs will only acquire ownership of their
particularly to protect compulsory heirs and uphold respective inheritances once Juan passes away
legal inheritance rights. and the will undergoes probate.
Example: Disposition of estate limited by
legitimes (Article 886, Civil Code)
WILL IS PERSONAL ACT- Art. 784
Juan Dela Cruz, a Filipino citizen, has an estate
consisting of a house and lot, bank savings, and a “The making of a will is strictly personal act; it
car. He wants to decide who will inherit his cannot be left in whole or in part to the discretion of
properties after his death. a third person, or accomplished through the
instrumentality of an agent or attorney”
Juan executes a will, allowing him to control to a
certain degree the disposition of his estate. While Elements
he can distribute his properties according to his 1. Making of a will is strictly personal act,
wishes, he must still respect the legitime
(mandatory inheritance) of his compulsory heirs, 2. Cannot be left in whole or in part to the discretion
such as his wife and children, as required by of a third person, or
Philippine succession laws.
3. Accomplished through the instrumentality of an
Example: Donation with Retained Rights (Article agent or attorney.
726 or 619r, Civil Code).
A person donating property may impose conditions
on its use, allowing them to control to a certain Making of a will is strictly personal act
degree the disposition of the estate even after A will must personally reflect the testator’s wishes
transferring ownership. and cannot be made or altered by a lawyer, agent,
Example: Trust Arrangement (Trust Law, Civil or any third party. Even though a lawyer can assist
Code Articles 1440-1449)
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in drafting the document, all decisions must come Pedro Cruz, an elderly man, wants to create a will
from the testator alone. but is too weak to write or sign it himself. He tells
his lawyer, Atty. Santos, to draft his will and sign it
Juan Dela Cruz, an elderly businessman, wants to on his behalf since he is unable to do so. Atty.
distribute his estate among his children. Due to his Santos then prepares the will, decides how Pedro’s
old age, he tells his lawyer to, just draft his will and properties will be distributed, and signs the
decide how to distribute his properties fairly among document on Pedro’s behalf.
his children.
Under Article 784 of the Civil Code of the
Under Article 784 of the Civil Code, the making of a Philippines, the making of a will cannot be
will is a strictly personal act, meaning Juan cannot accomplished through the instrumentality of an
delegate the decisions about his estate to his agent or attorney. The testator must personally
lawyer or anyone else. decide, write (or dictate), and sign the will.
If Atty. Reyes writes the will and chooses how the Since Pedro's will was signed and executed by his
estate is distributed, the will is invalid because it attorney instead of him, it is invalid. Even if Pedro
violates the rule that a testator must personally had orally instructed the lawyer, the law requires
decide the contents of their will. that the testator personally execute the will
following the prescribed formalities.

Making of a will cannot be left in whole or in Determination or designation in a will is

part to the discretion of a third person likewise personal act-Art.785

Example: Invalid will “The duration or efficacy of the designation of heirs,

devisee or legatees, or the determination of the
Maria Santos, a wealthy businesswoman, wants to portions which they are to take, when referred to by
distribute her properties among her children and name, cannot be left to the discretion of a third
close relatives. However, instead of deciding the person.”
specific shares herself, she writes in her will
Elements
That she leave the distribution of her estate to his
best friend, Ana, who will decide how to divide her 1. Determination of duration or efficacy of the
properties among his heirs. designation of heirs, devisee or legatees, or

Under Article 784 of the Civil Code of the 2. The determination of the portions which they are
Philippines, the making of a will cannot be left in to take,
whole or in part to the discretion of a third person. 3. When referred to by name
Since Maria did not specify how her estate should 4. Cannot be left to the discretion of a third person
be distributed and instead left the decision to Ana,
this portion of the will is invalid. The court will Under article 785 the will is valid if it complies with
disregard Ana’s discretion, and Maria’s estate will the following requisites:
be distributed according to Philippine succession
laws. 1. The testator referred to the heirs by name
2. He personally determined their respective shares

Making of a will in whole or in part cannot be 3. No third person was given discretion to decide
accomplished through the instrumentality of an on the distribution.
agent or attorney.
A testator must personally create and execute their Determination of duration or efficacy of the
will. A lawyer may assist in drafting, but the will designation of heirs, devisee or legatees, and
cannot be signed, modified, or executed by an the apportionment thereof.
agent or attorney on behalf of the testator.
Personal acts of determining duration or efficacy of
Example: Invalid will the designation of heirs, divisee or legatee, ad

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apportioning the same when referred to by name Cannot be left to the discretion of a third
cannot be left to the discretion of a third person. person
Only the testator can designate heirs and their Example: Invalid Delegation of Inheritance
shares Distribution in a will
The testator must personally name the heirs, Carlos Reyes, a wealthy landowner, writes the
devisees, or legatees and state what portion of the following provision in his last will and testament:
estate they will receive.
"I hereby designate my three children—Andrea,
This rule ensures that a will clearly expresses the Miguel, and Tomas—as my heirs. However, I leave
testator's wishes and prevents manipulation or it to my lawyer, Atty. Santos, to decide how much
disputes by prohibiting a third party from deciding of my estate each of them will receive."
who inherits what.
Is the will valid?
Example: Invalid will
No.This provision is invalid under Article 786 of the
In his will, Juan writes: "I leave my properties to my Civil Code of the Philippines, which states that the
children, but my brother Pedro will decide how testator must personally determine the portions of
much each of them will receive.” inheritance and cannot delegate this to another
person.
This is invalid. Art. 785- which provides that the
duration or efficacy of the designation of heirs, In this case, Carlos correctly named his heirs
devisee or legatees, or the determination of the (Andrea, Miguel, and Tomas). However, he left the
portions which they are to take, when referred to by determination of their inheritance to a third person
name, cannot be left to the discretion of a third (Atty. Santos) instead of deciding their shares
person. himself.
In this case, Juan did not determine how much To comply with Philippine law, Carlos should
each of them will receive and instead left to Pedro instead write:
the determination thereof, therefore this will is
invalid. "I hereby designate my three children—Andrea,
Miguel, and Tomas—as my heirs. I bequeath my
Example: Valid will house and lot in Quezon City to Andrea, my farm in
Batangas to Miguel, and my commercial building in
Juan wrote in his will that he leave his house to his Makati to Tomas. Any remaining properties shall be
eldest son, his car to his daughter, and his bank divided equally among them."
savings to be equally divided among all his children
The testator personally designated his heirs by
This is valid. Art. 785 provides that the duration or name.
efficacy of the designation of heirs, devisee or
legatees, or the determination of the portions which He also personally determined their respective
they are to take, when referred to by name, cannot inheritance.
be left to the discretion of a third person.
No third party was given discretion to decide who
In this case, Juan personally decided and specified gets what.
each heir’s share. Thus, valid.
Under Philippine succession law (art.785), a
Under article 785 the will is valid if it complies with testator who names specific heirs must also
the following requisites: personally decide what they will inherit. They
cannot delegate this decision to a third person, as it
1. The testator referred to the heirs by name would make that portion of the will invalid.
2. He personally determined their respective Delegable act of testator- Art. 786
shares.
“The testator may entrust to a third person the
3. No third person was given discretion to decide distribution of specific property or sums of money
on the distribution. that he may leave in general to specified classes or
causes, and also the designation of the persons,

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institutions or establishments to which such Wherein the only task of the trustee is to designate
property or sums are to be given or applied.” the beneficiary of the will after the amount was
already determined by the testator.
Elements
Art. 787-Prohibited testamentary disposition
1. Testator may entrust to third person the
distribution of specific property or sums of money “The testator may NOT make a testamentary
disposition in such a manner that another person
2. That he may leave in general to specified has to determine whether or not it is to be
classes or causes, and also the designation of the operative.”
persons, institutions or establishments
Prohibited testamentary disposition
3. To which such property or sums are to be given
or applied. Elements
Testator may entrust third person in the 1. The disposition permits another person
following task:
2. To determine whether or not the testamentary
1. Distribution of specific property or sums of disposition is operative.
money
Example: Invalid clause
1.1. That he may leave in general to specified
classes or causes, and Juan Leave ₱1,000,000 to his son, Mario, if his
brother Pedro thinks Mario deserves it.
2. Also the designation of the persons, institutions,
or establishments. This disposition is invalid because it gives Pedro
the power to determine whether or not Juan
receives the inheritance.
Entrusting a third person to distribute specific Under Article 787 of the Civil Code of the
property or sums of money is valid. Philippines, a testator may not leave a disposition
subject to the absolute discretion of another
Example: valid entrusting of third person person.
"Juan bequeath ₱1,000,000 to be distributed Example: Valid clause
among charitable organizations helping street
children. He entrusted his executor, Atty. Santos, Juan leave ₱1,000,000 to his son, Mario, provided
with the responsibility of selecting which registered that the latter completes his college degree.
charities shall receive the funds."
In this case, the condition is objective and does
Is it valid? not rely on another person’s judgment. The court or
executor can determine whether Juan fulfilled the
Yes. Art. 786 permits the testator to entrust third requirement.
person to distribute specified amount of money.
The testator does not need to name each recipient
individually—he may entrust a third person (like an
executor) to decide the distribution within the
specified class or cause.
In this case, Juan did not leave the decision of
whether to give money—he already allocated
₱1,000,000 for charity. He simply allowed a trusted
person to select which organizations qualify.
This aligns with Philippine succession laws, as long
as the executor follows the testator’s intent.

Also the designation of the persons,

institutions, or establishments
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