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. In the Philippines, this is primarily governed by Book III of the Civil Code of the Philippines (Republic Act No. 386).
I. Modes of Succession
Succession in the Philippines is classified into three main types based on how the estate is distributed:
- Testamentary Succession: Results from the designation of an heir, made in a will executed in the form prescribed by law.
- Legal or Intestate Succession: Takes place by operation of law when there is no valid will, or when the will is void or has lost its validity.
- Mixed Succession: Effected partly by will and partly by operation of law.
II. The Nature and Execution of Wills
A Will is a personal, solemn, revocable, and free act by which a person (the testator) disposes of their property and rights to take effect after death. The testator must have testamentary capacity: they must be at least 18 years old and of sound mind at the time of execution.
Types of Wills
Philippine law recognizes two forms of wills:
| Feature | Notarial Will | Holographic Will |
|---|---|---|
| Form | Must be in writing and in a language known to the testator. | Must be entirely written, dated, and signed by the hand of the testator himself. |
| Attestation | Requires an attestation clause signed by witnesses. | No witnesses are required for its execution. |
| Witnesses | At least three (3) credible witnesses. | Not required. |
| Notarization | Must be acknowledged before a notary public. | Not required. |
III. The Concept of Legitime
One of the most distinct features of Philippine succession law is the system of Legitimes. Unlike in some Western jurisdictions where a person can "disinherit" their children entirely without cause, Philippine law reserves a specific portion of the estate for Compulsory Heirs.
Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs. The remainder of the estate, after the legitimes are set aside, is called the Free Portion.
Compulsory Heirs
Compulsory heirs are divided into three categories:
- Primary: Legitimate children and their legitimate descendants.
- Secondary: Legitimate parents and legitimate ascendants (they only inherit in the absence of primary compulsory heirs).
- Concurring: The surviving spouse and illegitimate children (they inherit alongside either primary or secondary heirs).
Note: Under the Family Code and Civil Code, illegitimate children are entitled to a legitime which is generally one-half (1/2) of the legitime of a legitimate child.
IV. Table of Legitimes (Summary)
The distribution of the estate depends on the combination of survivors.
| Survivors | Legitime Distribution |
|---|---|
| Legitimate Children Only | 1/2 of the estate (divided equally). |
| One Legitimate Child & Spouse | Child: 1/2; Spouse: 1/4. |
| Legitimate Children & Spouse | Children: 1/2; Spouse: Share equal to one child. |
| Legitimate Parents Only | 1/2 of the estate (if no children). |
| Illegitimate Children | 1/2 of the share of a legitimate child. |
V. Intestate Succession (No Will)
When a person dies without a will, the law creates a presumed will based on the proximity of relationship. The order of intestate succession is as follows:
- Legitimate direct descending line (Children/Grandchildren).
- Legitimate direct ascending line (Parents/Grandparents).
- Illegitimate children.
- Surviving Spouse.
- Collateral relatives (Brothers, sisters, nephews, nieces).
- Other collateral relatives up to the fifth degree of consanguinity.
- The State (Escheat).
In intestacy, the entire estate is distributed according to these rules, as there is no "Free Portion."
VI. Disinheritance
A compulsory heir may be deprived of their legitime only for causes expressly specified by law and through a valid will. The burden of proof rests upon the other heirs to prove the truth of the cause.
Common Grounds for Disinheritance:
- Attempt against the life of the testator, the spouse, or descendants/ascendants.
- Accusing the testator of a crime punishable by imprisonment for six years or more, if the accusation is found groundless.
- Refusal to support the testator without justifiable cause.
- Maltreatment of the testator by word or deed.
- Leading a dishonorable or disgraceful life (for children).
VII. Probate: The Settlement of the Estate
No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. This judicial process is called Probate.
- Petition for Probate: Filed in the Regional Trial Court (RTC) of the province where the deceased resided.
- Notice and Hearing: The court sets a time and place for proving the will and causes notice to be published.
- Mandatory Nature: Probate is mandatory in the Philippines. Even if the heirs agree on the distribution, the court must still determine the extrinsic validity of the will (whether it was executed according to legal formalities).
Extrajudicial Settlement
If the deceased left no will and no debts, the heirs may divide the estate among themselves through a public instrument (Affidavit of Extrajudicial Settlement) filed with the Register of Deeds, without going to court. This requires publication in a newspaper of general circulation for three consecutive weeks.