Professional Documents
Culture Documents
CETABLES
Set 1.
SUMMARY OF THE FORMALITIES WHICH MAY BE OBSERVED IN THE EXECUTION OF A
WILL
WITNESS TESTATOR
1. 18 years of age 1. Same
2. Physically fit (not deaf, dumb, or blind) 2. May be blind, deaf, or deaf-mute
3. Literate, able to read and write 3. No literary requirement
4. No prior conviction (perjury/false 4. No such requirement
testimony/falsification) 5. No such requirement
5. Domiciled in the Philippines 6. No such requirement
6. Not notary Public before whom the will 7. Of sound mind
is acknowledged
7. Of sound mined
Set 2.
DIFFERENTIATE BETWEEN PRETERITION AND DISINHERITANCE
DISINHERITANCE PRETERITION
Disinheritance is the express deprivation of Preterition is the tacit deprivation of
legitime legitime
Always voluntary May also be voluntary but is presumed to
be involuntary (as it is an omission to
mention an heir or though mentioned is not
Legal cause is present instituted as an heir)
Even a compulsory heir may be totally Presumed by law to be a mere oversight
excluded Compulsory heir is merely restored to his
legitime
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Set 3.
COMPULSORY HEIRS
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spouse and
illegitimate
children
7. Legitimate ----- ----- ----- -----
parents
(alone)
8. Legitimate ----- ----- -----
parents and ( divided by
illegitimate no. of
children children )
9. Legitimate ----- ----- -----
parents and
surviving
spouse
10. ----- 1/8 -----
Legitimate (divided by
parents and no. of
surviving children)
spouse
11. ----- ----- ----- -----
Illegitimate (divided by
children no. of
(alone) children)
12. ----- 1/3 1/3 ----- -----
Illegitimate (divided by
children and no. of
surviving children)
spouse
13. ----- ( 1/3 or ----- ----- -----
Surviving if marriage
spouse in articulo
(alone) mortis)
14. ----- ----- ----- -----
Illegitimate
parents
(alone)
15. ----- ----- -----
Illegitimate
parents and
surviving
spouse
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Set 4.
SUMMARY CAUSES FOR DISINHERITANCE
5. Convicted of
adultery or
concubinage * * * AP *(5)
with spouse of
testator
6. Maltreatment
of testator by *
word or deed
7. Leading a
dishonorable or *
disgraceful life
8. Conviction of
crime which
carries penalty *
of civil
interdiction
9.
Abandonment
of children or
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inducing
daughters to
live corrupt or * Parents *(1)
immoral life or
attempted
against virtue
10. Loss of
parental * *
authority
11. Attempt by
one parent
against the life
of the other *
unless there is
reconciliation
between
parents
12. Spouse
given cause for *
legal separation
13. Spouse, in
BF, remarries in
accordance *
with Art.41
(43,FC)
Note:
(4) Heir failure to report violent death AP
(7) FVIU prevents from making will or revoke or conceals/alters AP
(8) Forgery of will
Set 5.
ORDERS OF INTESTATE SUCCESSION OF A LEGITIMATE CHILD, AN ILLEGITIMATE CHILD
AND AN ADOPTED CHILD
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7. State
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Illegitimate parents
Surviving spouse
Total 1
SUCCESSION
OUTLINE OF MEMORY AID
Elements of succession
Requisites for the transmission of the right of succession
Treatment of accruals under laws of succession
1. Notarial
2. Holographic
B. AMENDING A WILL
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D. CODICIL
E. REVOCATION OF A WILL
F. PROBATE
Definition
Matters to be proved
H. INSTITUTION OF HEIR
I. PRETERITION
Requisites
Effects
Preterition and disinheritance, distinguished (table)
J. DISINHERITANCE
Definition
Requisites for a valid disinheritance
Summary causes for disinheritance (table)
K. VACANCIES
L. SUBSTITUTION
Classes of substitution
Requisites of a fideicommissary substitution
A. LEGITIME
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C. RESERVA TRONCAL
A. GENERAL
B. REPRESENTATION
D. INCAPACITY TO SUCCEED
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