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A detailed reviewer for FINALS in LAw of Succession

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INSTITUTION OF AN HEIR

ART. 841 - A will shall be valid even if:1. It should not contain an institution of an heir2. In case of partial institution of an heir3. The instituted heir repudiated the inheritance4. The instituted heir is incapacitated to succeed.Effect of Lack of Institution The testamentary dispositions made in accordance with law shall be complied.While the remainder shall pass to the legal heirs in accordance with the law of intestate succession.There is what we call now as MIXED SUCCESSION.

ART. 842 If the testator DOES NOT have a compulsory heir, he can dispose the whole of his estate or part of it in FAVOR OF ANY PERSON WHO HAS CAPACITY TO SUCCEED. If HE HAS compulsory heir, HIS FREEDOM OF DISPOSITION IS NOT ABSOLUTE IN CHARACTER. His freedom of disposition shall extend only to the disposable free portion of his estate, but not to the legal portion or legitime. According to the law, such portion or legitime is reserved for the cumpolsory heirs.ART. 904 The testator cannot deprive his cumpolsory heir of his legitime, except in cases specied by law. Neither can he impose upon the same any burden, encumbrance, condition or substitution of any kind whatsoever. The only case in which the testator may, by his own act deprive a compulsory heir of his legtime, is by means of DISINHERITANCE for causes expressly stated by law. The only case in which the law recognizes a right of the testator to impose a charge upon the legitime is when it allows the said testator TO PROHIBIT THE PARTITION OF THE ENTIRE ESTATE INCLUDING THE SAID LEGITIME for a period which shall not exceed 20yrs.

ART. 843 The testator shall designate the heir by his name or surname, and if same names, he shall indicate some circumstances by which the instituted heir may be known. Even if NAME IF HEIR IS OMITTED, if there is a designation as there can be no doubt as to who was instituted, THE INSTITUTION IS VALID.ART. 844 An error in the name, surname, or circumstances of the heir SHALL NOT VITIATE THE INSTITUTION, WHEN IT IS POSSIBLE IN ANY MANNER, to know with certainty the person instituted. If there is really similarities of names and even with the use of proofs, the person instituted cannot be identified, NONE OF THEM SHALL BE AN HEIR.ART. 845 Every disposition in favor of an UNKNOWN PERSON SHALL BE VOID, unless some event or circumstance his identity becomes certain. However, a disposition in favor of A DEFINITE CLASS OR GROUP OF PERSONS is VALID.

ExAMPLES OF INVALID INSTITUTION:1. A GROUP OF VETERANS2. SOME MEMBERS OF THE BAR3. LOVERS OF ARTEXAMPLES OF DEFINITE AND VALID CIRCUMSTANCE OF IDENTIFICATION:1. The person who saved his life during the last battle in Corregidor2. The present chief or head of a certain labor Movement in Manila3. The bar candidate who will top the first bar examnination after his death.

The institution, devise or legacy is valid, since it is possible to ascertain the identity of the designated heir either by a past, present or future event or circumstance. But even with clear designation, it may still be held INVALID, WHEN THE TESTATOR INSTITUTES AS HIS HEIR ANY PERSON DESIGNATED BY ANOTHER PERSON. In this case, there is in reality a DELEGATION TO ANOTHER PERSON OF THE POWER TO DESIGNATE THE INSTITUTED HEIR, which IS PROHIBITED, and under ART. 785, NULL AND VOID.WHAT ARE INDISPENSIBLE BEFORE THE DISPOSITION CAN BE CONSIDERED VALID:1. That the identity of the person can be ascertained either by a past, present or future event or circumstance.2. The beneficiary must be in existence at the time of the testators death. Otherwise, even if it would be possible to determine his identity. The disposition would still be ineffective on the ground of ABSOLUTE INCAPACITY. INSTITUTIONS WITHOUT DESIGNATION OF SHARESART. 846 Heirs instated without designation of shares SHALL INHERIT IN EQUAL PARTS. This rule however should NOT BE INTERPRETED IN AN ABSOLUTE MANNER as it would impair the legitimes of the compulsory heirs. It should be limited only where the heirs are of the same class or juridical condition, and where there are compulsory heirs among the heirs instituted, IT SHOULD BE APPLIED ONLY TO THE DISPOSABLE FREE PORTION. EXAMPLE OF NO DESIGNATION OF SHARE, BUT NOT RESULT WITH EQUAL SHARES Testator designates WIFE, CHILD AND FRIEND Wife and child are compulsory heirs, while the friend is the VOLUNTARY HEIR NOT EQUAL SHARES, because the legitime of wife and child will be impaired Satisfy first the legitimes which corresponds To the compulsory heirs and then apply the rule in ART. 846PROBLEM:A instituted B (his son) and his brothers C and D as his heirs to an estate of P600,000. Distribute the estate.ANSWER:ART. 846 of the Civil Code which declares that heirs instituted without designation of shares SHALL INHERIT IN EQUAL PARTS, is applicable. It must be noted however, that one of the instituted heirs (B) is a compulsory heir, while the other two are voluntary heirs. Art. 846 is applicable only to the DISPOSABLE FREE PORTION and NOT TO THE LEGITIME OF THE COMPULSARY HEIRS. Therefore, B gets of the estate of equivalent to 300,000. While the remaining 300,000 will be divided in equal part to B, C, AND D Therefore: B = 300,000+100,000 C= 100,000 D=100,000

ART. 847 INDIVIDUAL AND COLLECTIVE INSTITUTIONS In the absence of a more specific designation, the law presumes that those WHO ARE COLLECTIVELY DESIGNATED, SHALL BE CONSIDERED AS INDIVIDUALLY INSTITUTED, in accordance with the presumed will of the testator.PROBLEM:A died in 1980. He left a will which contains the following institution of heirs: I designate as my heirs my son B, my daughter C, the children of my deceased son D, and my friend X.D who died in 1969, is survived by his three legitimate children E,F,G.The net residue of As estate is 180,000. How shall the distribution be made.ANSWER:The provisions of ART. 846 and 847 are applicable. The rule that the heirs shall inherit in equall parts shall be applicable only to the DISPOSABLE FREE PORTION, should there be COMPLUSARY HEIRS. The esate shall be divided as follows: First, satisfy the legitime of B,C, E,F and G. B AND C shall be entitled to P30,000 each., while E,F, and G will be entitled to P10,000 each, BY RIGHT OF REPRESENTATION. The disposable FREE PORTION OF 90,000 will then be divided equally amonth the instituted heirs B,C,E,F,G and X

ART. 848 Institution of Brothers and Sisters there is no discrimination whatsoever, the inheritance shall be distributed equally, unless a diff. intention appears. However, IN CASE OF INTESTATE SUCCESSION, should brothers and sisters of the full blood survive together with the brothers and sisters of the half blood, THE FORMER SHALL BE ENTITLED TO A SHARE DOUBLE THAT OF THE LATTER.

ART. 849 When the testator calls to the succession A PERSON AND HIS CHILDREN, they are all deemed to have been instituted SIMULTANEOUSLY AND NOT SUCCESSIVELY.

ART. 850 The statement of a false cause for the institution of an heir shall be considered as NOT WRITTEN, unless it appears from the will that the testator would not have made such instution if he had known the falsity of such cause. The test which must be applied in order to resolve the question is to determine from the will itself whether or not the testator would not have made the institution had he known of the falsity of such cause.Requisites:1. The cause for the institution of the heirs must be stated in the will2. The cause must be shown to be false3. It must appear from the face of the will that the testator would not have made such institution had he known of the falsity of the cause.

ART. 851 If the testator has instituted ONLY ONE HEIR, and the institution is limited to an aliquot part of the inheritance, legal succession takes place with respect to the remainder of the estate.The same principle applies, if the testator had instituted SEVERAL HEIRS, each being limited TO AN ALIQUOT PART, and all the parts do not cover the whole inheritance. The will therefore, what is known as MIXED SUCCESSIONExx.) A instituted B to of the estate, then the other half shall pass to the LEGAL HEIR.ART. 852 If it was the intention of the testator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, and each of them has been instituted to an aliquot portion of the inheritance and their aliquot parts together DON NOT COVER THE WHOLE INHERITANCE, or the whole free portion, EACH PART SHALL BE INCREASED PROPORTIONALLY.EX.) If the testator institutes A to 2/5 of the inheritance, B to 1/5 and C to 1/5, there will still be a remainder of 1/5 which shall pass to the legal heirs.Ex. 2) the testator institutes A to 1/3 off the entire inheritance. B to and C to , with the intention that all of them shall become the sole heirs off the whole estate. The net remainder of the estate after the death of the testator is P120,000. How much is the share of each of the instituted heirs?A= 40,000B= 30,000C= 30,000EXCESS = 20,000 = 3:4:4 (increase in share)3/10 OF 20,000 = 6,0003/10 OF 2000 = 6,0004/10 OF 20,000= 8000

OR 120,000 X 40,000 = 48,000 100,000ART. 853 If Each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the whole free portion, each part shall be reduced proportionally.RULE IF MORE THAN INHERITANCE COVERED each part shall be reduced PROPORTINATELYEX.)The testator institutes as his universal heirs A,B,C,D. According to the institution, A shall inherit , B 1/3, C and D 1/6. The net remainder of the entire inheritance after the death of the testator is P120,000. How much is the share of each the instituted heirs.ANSWER: A= OF 120,000 = 60,000B= 1/3 OF 120,000 = 40,000C = OF 120,000 = 30,000D= 1/6 of 120,000 = 20,000EXCESS = 30,000A= 120,000 x 60,000 = P48,000150,000

B=