Succession-1-Introduction_049e5ee4-c803-4692-9988-f5ec2961de24.pptx

Succession

1. SUCCESSION

2. SUCCESSION I. INTRODUCTION 2

3. In this world nothing can be said to be certain, except death and taxes. -- Benjamin Franklin 3

4. Introduction History of Succession Laws Changes to to Law on Succession under the Civil Code of the Philippines Etymology 4

5. 1. HISTORY OF SUCCESSION LAWS Succession 5

6. HISTORY OF SUCCESSION LAWS Our Civil Code provisions on succession are mostly Spanish in origin. The following concepts on succession were adopted from the American Civil Code– 6

7. HISTORY OF SUCCESSION LAWS 1. Interpretation of wills; 2. Formal requirements for a will; 3. Witnesses to wills; 4. Republication and revival of wills; 5. Revocation of wills; 6. Allowance and disallowance of wills; and 7. Testamentary capacity. 7

8. 2. MAJOR CHANGES UNDER THE CIVIL CODE Succession 8

9. MAJOR CHANGES INTRODUCED UNDER THE NEW CIVIL CODE 1. The allowance of holographic wills. 2. The improvement of the successional rights of the surviving spouse. The surviving spouse is entitled to a legitime (testamentary succession) or to full heirship (intestate succession) when surviving without other heirs, unlike in the Old Civil Code where the surviving spouse is only given the right to usufruct. 9

10. MAJOR CHANGES INTRODUCED UNDER THE NEW CIVIL CODE 3. The abolition of the right to mejora or betterment. 4. Abolition of the reservas and reversiones , except for reserva troncal . 5. Granting of successional rights to illegitimate children without distinctions. The Old Civil Code grants succesional rights only to legitimate children. 10

11. MAJOR CHANGES INTRODUCED UNDER THE NEW CIVIL CODE 6. Greater facility in the probate of wills by allowing ante-mortem probate apart from post-mortem probate of wills. 7. Application of the prohibition on donations under Article 739, Civil Code to succession. 8. Increase of the disposable free portion in testamentary succession, on account of the abolition of the concept of mejora . 11

12. MAJOR CHANGES INTRODUCED UNDER THE NEW CIVIL CODE 9. Limitation of the fideicommissary substitution to one degree. Under the Old Civil Code, fideicommissary substitution is allowed up to two degrees to relationship. 10. Intestate succession is narrowed only up to fifth degree relatives. The Old Civil Code provided that succession be limited up to the sixth degree of relationship. 12

13. MAJOR CHANGES INTRODUCED UNDER THE NEW CIVIL CODE 11. Abolition of institution pupilar and ejemplar , but retained the concept of institution modal. 12. Allowance of lifetime probate. The probate of a will of the testator is imprescriptible. 13

14. 3. ETYMOLOGY Succession 14

15. SUB-- M eaning “under” SUCCESSION is derived from two latin words --CEDERE Meaning “to give” or “to pass” 15

16. 16 Succession literally means a “ passing under ” which under Roman Law indicates a personality who will assume a space that is vacated. From the point of view of Succession, this is one where a person takes the place of one who is deceased, as to the latter’s property, rights and obligations.

17. SUCCESSION II. BASIC PRINCIPLES 17

18. BASIC PRINCIPLES IN SUCCESSION DEATH There can only be succession when there is death. NO CONTRACTUAL SUCCESSION Succession is either testamentary, intestate a combination of both. LEGITIME A portion of the deceased person’s estate pass to his heirs and other relatives; in the absence of any, the State gets to inherit. 18

19. 1. DEATH Succession 19

20. ACTUAL DEATH Section 2, R.A. No. 7170: Death is defined as the irreversible cessation of circulation and functions of the brain, including the brain stem. 1. DEATH PRESUMPTIVE DEATH Death is deemed to have occurred upon the expiration of the 4/10 year period, and from that point forward the presumption of death occurs. 20

21. P resumption of death 1 2 3 Ordinary Absence 10 years Ordinary Absence (If 75 years old): 5 years Extraordinary Absencë : 4 years 21

22. COMPARISON 22 ACTUAL DEATH PRESUMPTIVE DEATH Legal basis is RA 7170 Legal basis is the Civil Code provisions on Absence irreversible cessation of circulation and functions of the brain, including the brain stem Absence for such period of time prescribed under the Civil Code

23. COMPARISON 23 EXTRAORDINARY PRESUMPTIVE DEATH ORDINARY PRESUMPTIVE DEATH 4 years 7/10 years Reckoned at the time of the disappearance Reckoned only upon the expiration of the 7/10 year period

24. 2. NO CONTRACTUAL SUCCESSION Succession 24

25. 2. NO CONTRACTUAL SUCCESSION TESTAMENTARY Takes place thru a valid will INTESTATE Takes place by operation of law because the deceased left no will or had a will that is void MIXED Takes place partly by will and partly by operation of law 25

26. 3. CONCEPT OF HEIRS Succession 26

27. 3. CONCEPT OF HEIRS The property passes to compulsory heirs, consisting mainly of family members Other relatives may receive a share in the inheritance when named in the will In the absence of all other heirs, the State inherits the estate. 27

28. SUCCESSION III. GENERAL PROVISIONS 28

29. SUCCESSION DEFINITION 29

30. 30 Art. 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 . (n) 

31. OBJECTIVE The patrimony of the decedent’s estate ELEMENTS OF SUCCESSION SUBJECTIVE Active (decedent, testator) and passive (heirs, devisees and legatees) 31

32. 32 Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. (n)

33. 33 Art. 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. (n)

34. 34 Art. 782. 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 those to whom gifts of real or personal property are given by will.

35. The inheritance 1. The inheritance comprises properties, rights and obligations that are transmissible upon the death of the decedent/testator. 2. The corpse of the decedent/testator is not included in the concept of inheritance. 3. The following are not covered by the concept of inheritance: (a) properties, rights and obligations which are extinguished by death under provisions of existing laws and contract; and (b) those which are purely personal in nature. 35

36. 36 Decedent Testator A person who dies who (a) left no will; or (b) who left a will but is void A decedent who dies leaving a validly executed will

37. 37 Heir Legatee Devisee A person to whom an aliquot portion of the estate is granted in the will or as a legitime A person to whom a specific gift of personal property is given by will A person to whom a specific gift of real property is given by will

38. 38 Compulsory Heir Voluntary Heir An heir which is entitled under the law to receive a legitime An heir who is instituted to an aliquot portion of the disposable free portion of the testator’s estate

39. 39 Art. 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 . (n) 

40. DEATH Can either be actual or constructive SUCCESSION C an either be testamentary, intestate or mixed, but NOT contractual ACTIVE SUBJECT Decedent is a general term for all dead persons whose succession is under consideration; he is called testator if he has a will Let’s review some concepts HEIR A person to whom an aliquot portion of the decedent’s estate is given LEGATEE A person to whom a specific gift of personal property is given by will DEVISEE A person to whom a specific gift of real property is given by will 40

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