CHARACTERISTICS OF SUCCESSION:1. Mode of acquisition2. The property, rights & obligations to the extent of the value of the inheritance

transmitted3. The transmission takes place only by virtue of death4. The transmission takes place either by will or by operation of law5. The transmission to another

REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting of the successional right):

1. Death of the decedent2. Express will of the testator calling succession and/or provision of law prescribing

successors3. Rights or properties are transmissible4. Transferee is still alive (didn’t predecease)5. Transferee is capacitated to inherit6. Acceptance of the inheritance by the successor

KINDS OF SUCCESSION:1. Testamentary – succession by will2. Intestate – succession in default of a will3. Mixed

Treatment of accruals under the laws of succession:1. a. Article 793 refers to accruals after the making of the will

b. Article 781 refers to accruals after the death of the testator2. a. Article 793 accruals don’t always pertain to the testate heirs

b. Article 781 accruals will always pertain to the testate heirs

Will – 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.

Validity of willsEXTRINSIC FOR FILIPINOS FOR FOREIGNERS

1. Governing law as to time Article 795 – law in force when will was executed

Same rule (assumption: will is being probated here)

2. Governing law as to place Law of citizenship Law of citizenshipLaw of domicile Law of domicileLaw of residence Law of residenceLaw of place of execution Law of place of executionPhilippine law Philippine law

INTRINSIC FOR FILIPINOS FOR FOREIGNERS

1. Governing law as to time Article 2263 – law at time of death

Article 16, Article 1039 – depends on personal law

2. Governing law as to place Article 16, Article 1039 – Philippine law

Article 16, Article 1039 – national law

Testamentary Capacity1. All persons not expressly prohibited by law2. 18 years old and above3. Sound mind

2 Kinds of Wills:1. Notarial will – Articles 804-806, & 807-808 in special cases2. Holographic – Articles 804 & 810

Common requirements that apply to the 2 kinds of wills 1. In writing 2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:1. In writing2. Executed in a language or dialect known to the testator3. Subscribed by the testator himself or by the testator’s name written by some

other person in his presence & under his express direction at the end thereof, at the presence of witnesses

4. Attested & subscribed by at least 3 credible witnesses in the presence of the testator and of one another

5. Each & every page must be signed by the testator or by the person requested by him to write is name, & by instrumental witnesses in the presence of each other, on the left margin

6. Each & every page of the will must be numbered correlatively in letters placed on the upper part of each page

7. Must contain an attestation clause, stating the following:a. The number of pages of the willb. Fact that the testator signed the will & every page in the presence of

witnesses, or caused some other person to write his name under his express direction

c. All witnesses signed the will & every page thereof in the presence of the testator & of one another

8. Must be acknowledged before a notary public

Additional requisite if deaf or mute:Must either:1. Read will personally, if able to do so; 2. Otherwise, he shall designate 2 persons to read it & communicate to him the

contents

Additional requisite if blind:Will shall be read to him twice: 1. Once by one of the subscribing witnesses 2. Once by the notary public before whom it is acknowledged

REQUISITES OF HOLOGRAPHIC WILL:1. In writing2. Executed in a language or dialect known to the testator3. Entirely written, dated & signed by the hand of the testator himself

AMENDING A WILL:1. Notarial will can only be amended through a codicil2. Holographic will can be amended in 3 ways:

a. Dispositions may be added below the signature, PROVIDED that said dispositions are also dated & signed & everything is written by the hand of the testator himself

b. Certain dispositions or additional matter may be suppressed or inserted PROVIDED that sad cancellation is signed by the testator & is written by the testator himself (no need to be detailed)

c. Executing a codicil which may either be notarial or holographic

Effect of cancellation, addition insertion), or erasure on the validity of the will1. If made by the hand of the testator & authenticated by him: alters the will without

affecting its validity2. If made by the hand of the testator but was not authenticated by him: deemed as

if not written at all3. If made by testator but not handwritten: entire will is nullified4. By a stranger & the testator has authenticated the same: entire will is nullified5. Made by a stranger but not authenticated by the testator: deemed as if not

written at all

What is a codicil? It is a supplementary or addition to a will, made after the execution of the will &

annexed to be taken as part by which any disposition in the original will may be explained, added to or altered.

Qualifications of a witness and a testator:WITNESS TESTATOR

1. At least 18 years old2. Physically fit (not deaf, dumb, blind)3. Literate, able to read and write4. No prior conviction for perjury/false

testimony/falsification5. Not the notary public before whom

the will is acknowledged6. Sound mind7. Domiciled in the Philippines

1. Same2. May be blind, deaf or deaf-mute3. No literacy requirement4. No such requirement

5. No such requirement

6. Same 7. No such requirement

REVOCATION OF A WILL:1. By implication of law2. By the execution of a documentation with all the requisites of a will3. By the physical act of destruction coupled with the intent to revoke

PROBATE – It is a the special proceeding by which the validity of a will maybe established

Matters to be proved in a probate:1. Whether the instrument which is offered for probate is the last will and testament

of the decedent2. Whether the will has been executed in accordance with the formalities prescribed

by law3. Whether the testator had testamentary capacity at the time of the execution of

the will

GROUNDS FOR DISALLOWANCE OF A WILL:1. The testator did not possess testamentary capacity at the time of execution2. The testator failed to comply with prescribed formalities3. The execution of the will is attended by a vice of consent

INSTITUTION OF HEIR – an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations

Requisites for a valid institution of heir:1. Designation in will of person/s to succeed2. Will specifically assigns to such person an inchoate share in the estate3. The person so named has capacity to succeed4. The will is formally valid5. No vice of consent is present6. No preterition results from the effect of such will

3 principles in the institution of heirs:1. Equality: heirs who are instructed without a designation of shares inherit in equal

parts2. Individuality: heirs collectively instituted are deemed individually named unless

contrary intent is proven3. Simultaneity: when several heirs are instituted, they are instituted simultaneously

& not successively

Rules regarding a person’s right to dispose of his estate:1. If one has no compulsory heirs:

a. He can give his estate to any person qualified to inherit under him

b. However, he must respect restrictions imposed by special laws2. If one has compulsory heirs:

a. He can give only the disposable portion to strangersb. Legitimes of compulsory heirs must be respected

PRETERITION:1. There must be an omission of one, some or all of the heir/s in the will 2. The omission must be that of a COMPULSORY HEIR 3. Compulsory heir omitted must be of the DIRECT LINE4. The omitted compulsory heir must be LIVING at the time of testator’s death or

must at least have been CONCEIVED before the testator’s death

Effects of preterition:1. The institution of heirs is annulled2. Devises & legacies shall remain valid as long as they aren’t officious

DISINHERITANCE – It is the act by which the testator, for just cause, deprives a compulsory heir of his right to the legitime.

Preterition vs. DisinheritanceDISINHERITANCE PRETERITION

Express deprivation of legitime Tacit deprivation of legitimeAlways voluntary May also be voluntary but is presumed to

be involuntary (as it’s an omission to mention as an heir or though mentioned, isn’t instituted as an heir)

Legal cause is present Presumed by law to be a mere oversightEven a compulsory heir may be totally excluded

Compulsory heir is merely restored to his legitime

Requisites for a valid disinheritance1. Heir disinherited must be designated by name or in such a manner as to leave no

room for doubt as to who it is intended2. Disinheritance must be for a cause designated by law3. It must be made in valid will4. It must be made expressly, stating the cause in the will itself5. Cause must be certain & true, & must be proved by interested heirs if the person

disinherited should deny it6. It must unconditional7. Must be total

Summary of causes of disinheritanceGROUNDS FOR DISINHERITANCE

CHILDREN/DESCENDAN

TS

PARENTS/ASCENDANT

S

SPOUSE UNWORTHIN

ESS

1 Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant

* * * *

GROUNDS FOR DISINHERITANCE

CHILDREN/DESCENDA

NTS

PARENTS/ASCENDANT

S

SPOUSE UNWORTHIN

ESS

2 Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found groundless, false

* * * *

3 Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue influence

* * * *

4 Unjustified refusal to support testator

* * *

5 Convicted of adultery or concubinage with spouse of testator / decedent

* * *

6 Maltreatment of testator by word & deed

*

7 Leading a dishonorable or disgraceful life

*

8 Conviction of crime which carries penalty of civil interdiction

*

9 Abandonment of children or inducing children to live corrupt and immoral life or attempted against virtue

* *

10 Loss of parental authority * *11 Attempt by one parent

against life of the other UNLESS there’s reconciliation between parents

*

12 Spouses given cause for legal separation

*

13 Failure to report violent death of decedent within 1 month, unless authorities have already taken action

*

14 Force, violence, intimidation or undue influence to prevent another from making a will or revoking one already made or who supplants or alters the latter’s will

*

15 Falsifies or forges a supposed will of the decedent

*

Causes of vacancy in succession:1. The testator creates it himself – disinheritance2. The does something – repudiates3. Something happens to the heir – incapacitated / predecease

How are vacancies filled:1. Substitution

2. Representation3. Accretion

Classes of substitution1. Singular or vulgar substitution

a. Simpleb. Briefc. Compendiousd. Reciprocal

2. Fideicommissary Substitution

FIDEICOMMISSARY SUBSTITUTION – A substitution is a fideicommissary substitution if the testator institutes an heir with an obligation to deliver to another the property so inherited. The heir instituted to such condition is called the first heir or fiduciary heir, the one to receive the property is the fideicommissary or second heir.

Requisites of a fideicommissary substitution:1. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited2. A 2nd heir or fideicommissary substitute3. An obligation clearly imposed on the fiduciary to preserve & transmit the property

to a fideicommissary substitute4. The substitution doesn’t go beyond the 1st degree of the fiduciary5. The fideicommissary substitution is made expressly6. Both the fiduciary & the fideicommissary substitute are living or at least

conceived at the time of the death of the testator7. The fideicommissary substitution is imposed on the free portion of the estate &

not on the legitime

LEGITIME - It is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs called compulsory heirs.

Different classes of heirs:1. Voluntary heirs – succeed by virtue of a will2. Legal or intestate heirs – succeed by operation of law in the absence of a will3. Compulsory heirs – succeed because the law reserved for them

Classes Compulsory Heirs:1. Primary

a. Legitimate children & their descendants (legitimate)b. Surviving spouse (legitimate)c. Illegitimate children & their descendants (legitimate or illegitimate)

2. Secondarya. Legitimate parents & ascendants (legitimate) – inherit only in default of 1ab. Illegitimate parents (no other ascendants) – inherit only in default of 1a &

1c

Summary of legitimes of compulsory heirs:SURVIVING RELATIVES

LEGITIMATE CHILDREN &

DESCENDANTS

SURVIVING SPOUSE

ILLEGITIMATE CHILDREN

LEGITIMATE PARENTS &

ASCENDANTS

ILLEGITIMATE PARENTS

Legitimate children alone

½ (divided by the # of children)

1 legitimate child surviving spouse

½ ¼

SURVIVING RELATIVES

LEGITIMATE CHILDREN &

DESCENDANTS

SURVIVING SPOUSE

ILLEGITIMATE CHILDREN

LEGITIMATE PARENTS &

ASCENDANTS

ILLEGITIMATE PARENTS

Legitimate children Surviving spouse

½ (divided by no. of children)

Same as the share @ legit child

Legitimate childrenIllegitimate children

½ ½ of the share of @ legit child

1 legitimate child surviving spouse illegitimate children

½ ¼ ½ of the share of @ legit child

2 or more legitimate children surviving spouse Illegitimate children

½ (divided by no. of children)

Same as the share of @ legit child

½ of the share of @ legit child

Legitimate parents alone

½

Legitimate parentsIllegitimate children

¼ ½

Legitimate parentsSurviving spouse

¼

Legitimate parentsSurviving spouseIllegitimate children

1/8 ¼ ½

Illegitimate children alone

½ (divided by no. of children)

Illegitimate childrenSurviving spouse

1/3 1/3 (divided by no. of children)

Surviving spouse alone

½ or 1/3 if marriage in

articulo mortis

Illegitimate parents alone

½

Illegitimate parentsSurviving spouse

¼ ¼

Remedy of compulsory heir in case of impairment of legitime:1. If the impairment is total them there may be preterition if the compulsory heir

preterited is either an ascendant or descendant. Article 854 would come into play (annulment of institution of heir & reduction of devises and legacies)

2. If the impairment is partial, then the compulsory heirs is entitled to completion of legitime under Article 906

3. If the impairment is thru donation, then remedy is collation.

RESERVA TRONCAL – It is that part of the decedent’s property that an ascendant, who inherits by operation of law from his descendants which the latter may have acquired by

gratuitous title from another ascendant or sibling, is obliged by law to reserve such property for the benefit of 3rd degree relatives who belong to the line from which the property which otherwise will go to certain specific heirs but which law reserves to certain predetermined heirs.

Order of payment in case estate is INSUFFICIENT to cover legacies & devises 1. Remuneratory legacies or devises2. Preferential legacies or devises declared by testator3. Legacies for Support4. Legacies for Education5. Legacies or devises for Specific, determinate thing6. All others, pro-rata

Causes for legal or intestate succession1. Person dies without a will2. Person dies with void will3. Person dies with a will that subsequently loses validity4. Will doesn’t institute an heir or institution is void5. Will doesn’t dispose of ALL property belonging to the testator6. Suspensive condition attached to the institution of the heir doesn’t happen or isn’t

fulfilled7. Heir predeceases, or repudiates the inheritance8. Incapacity of the heir

2 fundamental underlying principles in legal or intestate succession1. Rule of Proximity – nearer exclude the more remote2. Rule of Equal Division – equal division within the same group

Grounds when the right of representation will be available:1. Disinheritance 2. Incapacity3. Predecease

Who can exercise right of representation1. Intestate succession only: heirs in the collateral line, but only in favor of the

children of siblings2. Both testate & intestate succession: heirs in the descending line, NEVER in the

ascending line

Order of Intestate succession of a legitimate child, an illegitimate child and an adopted child

LEGITIMATE CHILD ILLEGITIMATE CHILD ADOPTED CHILD

1 Legitimate child and legitimate descendants

legitimate child & legitimate descendants

legitimate child & legitimate descendants

2 Legitimate parents & legitimate ascendants

illegitimate children & legitimate or illegitimate descendants

illegitimate children & legitimate or illegitimate descendants

3 Illegitimate children & left or illegitimate descendants

illegitimate parents legitimate or illegitimate parents & legitimate ascendants, adoptive parents

4 Surviving spouse surviving spouse surviving spouse5 Legitimate siblings,

nephews, niecesillegitimate siblings, nephews, nieces

siblings, nephews, nieces

6 Legitimate collateral relatives

State State

7 StateOrder of succession & concurrence in intestate succession

INTESTATE HEIR EXCLUDES EXCLUDED BY CONCURS WITH

Legitimate children & Legitimate

Ascendants, collaterals & state

No one Surviving spouseIllegitimate children

descendantsIllegitimate children & Descendants

Illegitimate parents, collaterals & state

No one Surviving spouseLegitimate children & legitimate parents

Legitimate parents & legitimate descendants

Collaterals & state Legitimate children Illegitimate children & surviving spouse

Illegitimate parents Collaterals & state Legitimate children & illegitimate children

Surviving spouse

Surviving spouse Collaterals other than siblings, nephews and nieces

No one Legitimate childrenIllegitimate childrenLegitimate parents & Illegitimate parents

Siblings, nephews nieces

All other collaterals & state

Legitimate children, illegitimate children,Legitimate parents & illegitimate parents

Surviving spouse

Other collaterals within 5th degree

Collateral remoter in degree & state

Legitimate childrenIllegitimate childrenLegitimate parentsIllegitimate parents &Surviving spouse

Collaterals in the same degree

State No one Everyone No one

Summary of intestate shares:1. Legitimate children & legitimate descendants alone

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children ½ ½ 1TOTAL ½ ½ 1

2. One legitimate child and surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate child ½ ½Surviving spouse ¼ ¼ ½

TOTAL ¾ ¼ 1

3. Legitimate children & surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children ½ Remaining portion of estate after paying

Whole estate divided equally between total number of

children plus the surviving spouse

Surviving spouse Same as share of @ legitimate child

Legitimes to be divided equally

between total no. of children plus the surviving spouse

No. of children plus the surviving spouse

TOTAL Varies on no. of children

Varies on no. of children

1

4. Legitimate children & illegitimate childrenINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children ¼ Remaining portion of estate after paying

Whole estate divided by the ration

of 2 for each legitimate child

Illegitimate children ½ share of @ legitimate child

Legitimes to be divided by the ration of 2 for @ legitimate

child, 1 for @ illegitimate child

1 for @ illegitimate child provided that legitimes wouldn’t

be impaired

TOTAL Varies on no. of children

Varies on no. of children

5. One legitimate child, illegitimate children, & surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate child ½ Remaining portion of estate after paying

legitimes to be divided by the ration of 2 for @ legitimate

child, 1 for @ illegitimate child

Whole estate divided by the ratio of 2 @

legitimate child

Illegitimate child ½ share of @ legitimate child

1 for @ illegitimate child

1 for @ illegitimate child

Surviving spouse ¼ & 2 for the surviving spouse

Legitimes wouldn’t be impaired

TOTAL Varies depending on no. of illegitimate

children

Varies depending on no. of illegitimate

children

1

6. Legitimate children, illegitimate children & surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate children ½ Remaining portion of estate, if any after paring legitimes to be divided by the ratio of 2 for @ legitimate child

Whole estate divided by the ratio

of 2 for @ legitimate child

Illegitimate children ½ share of @ legit child

1 for @ illegitimate child

1 for @ illegitimate child

Surviving spouse ¼ & 2 for the surviving spouse

& 2 for the surviving spouse provided

that legitimes won’t be impaired

TOTAL Varies depending on no. of illegitimate

children

Varies depending on no. of illegitimate

children

1

7. Legitimate parents aloneINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate parents ½ ½ 1TOTAL ½ ½ 1

8. Legitimate parents & illegitimate childrenINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Legitimate parents ½ ½Illegitimate children ¼ ¼ ½

TOTAL ¾ ¼ 1

9. Legitimate parents & surviving spouse

INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE DISPOSAL

TOTAL INTESTATE SHARE

Legitimate parents ½ ½Surviving spouse 1/8 1/8 ¼

TOTAL ¾ ¼ 1

10. Legitimate parents, surviving spouse & illegitimate childrenINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children 1/3 1/6 ½Surviving spouse 1/8 1/8 ¼

Illegitimate children 1/4 ¼TOTAL 7/8 1/8 1

11. Illegitimate children aloneINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children alone

½ ½ 1

TOTAL ½ ½ 1

12. Illegitimate children & surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children 1/3 1/6 ½Surviving spouse 1/3 1/6 ½

TOTAL 2/3 1/3 1

13. Surviving spouse INTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Surviving spouse ½ or 1/3 ½ or 1/3 1TOTAL ½ or 1/3 ½ or 1/3 1

14. Illegitimate parents aloneINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate children ½ ½ 1

15. Illegitimate parents & surviving spouseINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Illegitimate parents ¼ ¼ ½Surviving spouse ¼ ¼ ½

TOTAL ½ ½ 1

16. Siblings, nephews & nieces aloneINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Siblings, nephews, nieces

½ ½ 1

TOTAL ½ ½ 1

17. Surviving spouse, siblings, nephews & niecesINTESTATE HEIR SHARE AS LEGITIME SHARE AS FREE

DISPOSAL

TOTAL INTESTATE SHARE

Surviving spouse ½ ½Siblings, nephews,

nieces½ ½

TOTAL ½ ½ 1

Requisites for accretion to take place:1. Unity of object2. Plurality of heirs3. Some of the heirs cannot or are disqualified to accept (R.I.P)4. Others are accepting &5. There has been earmarking

Incapacity to succeed because of possible undue influence1. Priest who heard confession during last illness & his relatives with thin the 4 th

degree & the order, chapter, etc., to which the priest belongs2. Guardian before final accounts have been approved EXCEPT if an ascendant,

descendant, sibling, spouse3. Attesting witness to execution of will & their spouses, parents, children or any

one claiming under them4. Physician, surgeon, nurse who took care of testator during his last illness5. Individuals, associations, corporations not permitted by law to inherit

Validity and Effect of Legacy/DeviseThing owned in part by testator (Article 929)

General Rule: Conveys only interest or part owned by testator

Exception: if testator otherwise provides – a. He may convey more than what he owns - the state shld try to

acquire the part or interest owned by other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the monetary equivalent (analogy with Article 931)

b. He may convey less than what he owns (Article 794)Thing owned by another (Articles 930-931)

General Rule:

a. If testator ordered acquisition of the thing - the order should be complied with. If the owner is unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent

b. If testator erroneously believed that the thing belonged to him - legacy/device is void

Exception: if testator acquire the thing onerously or gratuitously after making of the disposition, disposition is validated

c. If testator knew that the thing did not belong to him but did not order its acquisition - code is silent but disposition shld be considered valid (Balane & Tolentino) - there is an implied order to acquire & doubts must be resolved in favor of intestacy

Thing already owned to the legatee/devisee (Articles 932-933)

a. If thing already belonged to legatee/devisee at time of execution of will – legacy/devise is void

b. If thing was owned by another person at time of making the will and thereafter it is acquired by legatee/devisee –

1. If testator erroneously believed that he owned the thing – legacy /devise is void

2. If testator was not in error -

i. If thing was acquired onerously by L/D – L/D entitled to be reimbursed

ii. If thing was acquired gratuitously by L/D – nothing is due

iii. If thing was owned by testator at time will was made and L/D acquired the thing from him thereafter – law is silent (Balane: deemed revoked)

Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2)

Valid, if the encumbrance can be removed for a consideration

Legacy/Devise of a thing pledged or mortgaged (Article 934)

The encumbrance must be removed by paying the debt unless the testator intended otherwise

COLLATION -To collate is to bring back or to return to the hereditary mass, in fact or by fiction, property which came from the estate of the decedent, during his lifetime, but which the law considers as an adverse from the inheritance. It is the act by virtue of which, the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him, so that a division may be effected according to law & the will of the testator.

Important periods to remember:1 month or less before making a will Testator, if publicly known to be insane,

burden of proof is on the one claiming validity of the will

20 years Maximum period testator can prohibit alienation of dispositions

5 years from delivery to the State To claim property escheated to the State1 month To report knowledge of violent death of

decedent lest he be considered unworthy5 years from the time disqualified person took possession

Action for declaration of incapacity & for recovery of the inheritance, devise or legacy

30 days from issuance of order of distribution

Must signify acceptance/repudiation otherwise, deemed accepted

1 month form written notice of sale Right to repurchase hereditary rights sold to a stranger by a co-heir

10 years To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues

5 years from partition To enforce warranty of solvency of debtor of the estate at the time partition is made

4 years form partition Action for rescission of partition on account of lesion