WHAT IS LEGAL SUCCESSION?

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Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Learn more about legal succession: Frequently Asked Questions on Wills, Succession and Inheritance

• Heirs may still inherit even without a Will

• There is no Will to speak of in cases of Legal Succession

• The law operates when there is no Will

Mean what you say. Say what you mean. We always hear that. 

Jose Mari, a widower, has an estate in the total amount of Sixty Million Pesos (Php 60,000,000.00) and has three children named Gerard Franco, Ryan, and Rene. For reasons only known to Jose Mari, his favorite child is Gerard Franco. He was very vocal about it.

In fact, he says he would give Gerard Franco the bulk of his estate amounting to Forty Million Pesos (Php 40, 000, 000. 00). He says he would give Ryan and Rene both the amount of Ten Million Pesos (Php 10, 000, 000.00) each) which is actually their lawful share.

The intention of Jose Mari in giving the bulk of his estate to Gerard Franco is still in accordance with law only if he executes a Will. Under the law, if Jose Mari executes a Will, he can freely donate one-half of his estate which is Php 30,000,000.00 to anyone he desires. The other half which is called legitime cannot be freely disposed by Jose Mari to persons other than Gerard Franco, Ryan, and Rene who are all his compulsory heirs.

If Jose Mari really meant what he said, the best way to prove it is by executing a Will. Otherwise, Jose Mari did not actually mean what he said. In this case, there is no way for Gerard Franco to receive that Php 40,000,000.00 estate of his father Jose Mari.

Why is that so?

The law says:

If a person (decedent) dies without a Will, the law takes over. This means that it is the law which will dictate the proper distribution of the whole estate of a decedent to his compulsory heirs. Strangers or friends will not get any from the decedent. This is called Legal or Intestate Succession

Applying the law to our example above, the whole estate of Jose Mari amounting to Php 60,000,000.00 will be distributed equally to his children namely: Gerard Franco, Ryan, and Rene being his only compulsory heirs. Thus, each compulsory heir will receive Php 20,000,000.00 each.

But, in case Jose Mari actually executed a Will without the formalities required by law as it was not written and executed in a language or dialect know to him? Still, legal or intestate succession takes place.

To be clear, legal or intestate succession takes place in the following:

1. If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
2. When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;
3. If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;
4. When the heir instituted is incapable of succeeding, except in cases provided under the law.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

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