SUCCESSION

DEFINITION OF SUCCESSION:

- It 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

KINDS OF SUCCESSION:

1. Testamentary – that which results from the designation of an heir, made in a will executed in the form prescribed by law

2. Legal or Intestate – that which takes place by operation of law in the absence of a valid will

3. Mixed – that which is effected partly by will and partly by operation of law

KINDS OF HEIRS:

1. Compulsory – those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law, of which they cannot be deprived by the testator, except by a valid disinheritance

2. Voluntary or Testamentary – those who are instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator can freely dispose

3. Legal or Intestate – those who succeed to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will

DEFINITION OF WILL
- It is an act
- whereby a person is permitted
- with the formalities prescribed by law
- to control to a certain degree
- the disposition of his estate
- to take effect after his death

TESTAMENTARY CAPACITY:

1. All persons who are not expressly prohibited by law

2. 18 years old and above

3. Of sound mind, at the time of its execution

KINDS OF WILLS:

1. Notarial – an ordinary or attested will

2. Holographic – a handwritten will

COMMON REQUIREMENTS TO BOTH WILLS:

1. In writing

2. In a language or dialect known to the testator

tanong ko po kung sakaling namatay ang land owner na walang anak,pwede bang ibinta ng kanyang nanay ang lupa? o may karapatan din ang mga kapatid?