SUCCESSION

Legal succession will set in except

• A person dies without a will.

• There is a WILL recognizing a person to be an illegitimate child

• There is a subsequent WILL totally abrogating the first one with no other disposition other than nullifying the first WILL

• There is complete preterition but there are devises and legacies in the WILL.

Answer explanation

The will is valid and subsisting considering that there are devises and legacies. Preterition will only result to the annulment of the institution of heirs but it will respect the devises and legacies, insofar as it do not prejudice the legitime.

The following rules are true in intestate succession except for one

• The relative nearest in degree excludes the more distant ones

• Relatives in the same degree shall inherit in equal shares, with consideration from where the property came

• The half-blood gets 1/2 share of that of the full-blood

• Representation also applies in intestate succession

Answer explanation

It does not matter where the property came.

An illegitimate died intestate. The only legal surviving heirs are his siblings. The siblings are the intestate heirs

• TRUE

• FALSE

Answer explanation

The relationship barrier rule. The illegitimate children cannot inherit from his relatives and vice versa.

In intestate succession, the relatives to inherit is only up to the 5th degree of consanguinity and affinity

• TRUE

• FALSE

Answer explanation

False. Only consanguinity or by blood. Your in-laws are not your legal heirs.

In representation, the representative or representatives inherit per capita.

• TRUE

• FALSE

Answer explanation

False. In representation, the representative inherits only what the person being represented is supposed to receive. If there is only one representative, then he inherits everything because there is no other person to share it with. If there are more than two representatives, then they inherit per stirpes.

The father had already communicated his acceptance of his inheritance. Father died leaving an only daughter. Can the daughter still repudiate the inheritance of his father even if there is already an acceptance?

• YES

• NO

Answer explanation

The option to accept or repudiate was already exercised by the father hence it cannot anymore be transmitted to the daughter. If the daughter does not want the inheritance, she can just execute a waiver at any time.

Bee One and Bee Two are brothers.  Bee one is a legitimate child while Bee Two is an illegitimate child.  Their father died leaving a vast estate with only two of them as the legal heirs.  After the demise of their father, they executed an agreement stating that Bee Two has received 10 hectares of land as his share in the estate of their father and that he relinquishes all his rights under the law including the right to rescind the agreement should there be lesion.  This agreement was later made as the basis of the project of partition between the two which was submitted to the court and later on approved.

Thereafter, Bee Two learned that Bee One did not include all the properties of their father in the inventory he prepared.  It turned out that if all the properties were to be accounted for, the estate has a total of 75 hectares.

Bee Two now wants to annul the partition approved by the court on the ground of fraud and lesion.

Bee One insists that the partition should be respected as it is, and Bee Two cannot anymore question it considering that he was not forced to sign it, he understood what he was signing, and that it was duly approved by the court.

Q1: Should the partition be rescinded?

Q2: Suppose indeed that 10 hectares given to Bee Two is his correct share in the estate of his father and amounted to P20M at that time.  However, it took years before the partition was executed.  At the time of the execution, the value of the lots considerably decreased from P20M to P10M.  Can Bee Two rescind the agreed partition?

Answer explanation

Q1 - No, there is no basis for the rescission, but the partition should be annulled on account of fraud.

There is fraud here because Bee One did not inform Bee Two of the exact total of the estate of their father.  Had Bee Two been fully aware and informed of the totality of the estate of his father, he would not have signed the agreement considering that the discrepancy is very material.

Q2- Yes. There is lesion here considering that the decrease is 50% or ½. The law only requires ¼ for lesion to be appreciated and hence rescission is proper under the circumstances.

Will the adopted child still inherit from his collateral blood relatives?

Answer explanation

Yes. Art. 189. (3) of the Family Code is still the applicable provision stating that:

“The adopted shall remain an intestate heir of his parents and other blood relatives”.

What if there is a will of the biological parent? Will it result to preterition if the adopted child is excluded from the will of the biological parent? or will the adopted be still a part in the computation of the legitime?

Answer explanation

No.  Section 43 of the new adoption act states:

 

Section 43. Succession. – In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations. However, if the adoptees and their biological parents have left a will, the law on testamentary succession shall govern.

Ariel, Benjie, Charlie, and Dante are siblings. Their father died intestate leaving them several properties. Ariel filed a petition for the settlement of the estate of their father and to be appointed as the administratrix. After payment of all taxes, charges, and liabilities of the estate, they agree to partition the residue of the estate which was embodied in a partition agreement duly approved by the court. There were personal properties that were distributed to the four as well as real properties. The partition agreement was dated 2015 but it was only in the year 2020 that distribution was done. Benjie and Charlie are now complaining because the property that was assigned to them has considerably decreased its value by almost half.

1. What is the remedy available to Benjie and Charlie?

2. Are the co-heirs obliged to post a bond prior to receiving the inherited properties?

3. Suppose after the partition, it was discovered that there are still some properties that were not included. Charlie is moving to rescind the partition duly approved by the court on the ground of lesion because if all the properties of their father are to be re-computed, his share would have been more than 1/4 of what had been assigned to him. Is he correct? Explain.

Answer explanation

1. An action for rescission of the partition made is applicable in this scenario considering that there is lesion here.

An action for rescission is available when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated.

Here, Benjie and Charlie’s share decreased by almost 1/2 from the time of the partition up to the time they received the property, so we have here what we consider as lesion. However, the action has already prescribed since the remedy is only available within 4 years from the time partition was made and, in this case, 5 years had already elapsed.

2. No. The filing of bond is only required when there are personal properties to be distributed and distribution is based on extrajudicial partition, or in an action for partition, or if it is a sole adjudication. (Rule 74 Section 1, Rules of Court).

The bond is a condition before such public document can be registered with the Register of deeds.

The purpose of the bond is to answer for any claim that may arise against the estate within two years from the registration of such document considering that the creditors did not participate nor given the opportunity to participate in such act.

3. No. rescission is not available here.

The provision says that the omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted.

Here, the remedy is just to have a partition of the omitted properties because the previous partition is considered to be valid which should not be distrurbed.