WHO ARE CONSIDERED HEIRS UNDER THE LAW? (Part I)

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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.

Aside from knowing who are the considered heirs under the law, read also: ALLOWANCE AND DISALLOWANCE OF WILLS

• An heir is a person who is to succeed the testator in his property or transmissible rights and obligations, or both

• Heirs are either compulsory or voluntary

• Compulsory heirs cannot be omitted or excluded from the estate

Generally, compulsory heirs are the spouse, child (or children), and parents of the decedent. The term decedent refers to a person who has died and left some properties or transmissible rights and obligations, or both.

When a person has died, the order of priority as to who is entitled to succeed his properties or transmissible rights and obligations, or both, depends on the circumstances.

It is important to note that with or without a will having executed by a decedent, his compulsory heirs are entitled to the receive some or all of his properties or transmissible rights and obligations, or both. A person, during his lifetime, cannot dispose in any manner his properties or transmissible rights and obligations, or both, which are reserved by law for his compulsory heirs. Should he intentionally or negligently do so, the same has no legal effect as the ownership over the thing intended to be transferred will not pass.

In other words, these compulsory heirs cannot be deprived of their right to succeed the properties or transmissible rights and obligations, or both, of the decedent. In executing a will, the testator CANNOT omit or exclude a compulsory heir in the disposition of his properties or transmissible rights and obligations, or both. 

What if the testator persisted and excluded a compulsory heir?

The law says:

Such act by the testator gives rise to a case of Preterition.

Preterition consists in the omission or exclusion of a compulsory heir from the will. It is a case where a compulsory heir is not named, or although he is named, he is neither instituted as an heir nor assigned a part of the property or of the estate.

The will that has instituted heirs but omitted or excluded some or all of the compulsory heirs shall be considered annulled. The omission or exclusion of some or all of the compulsory heirs invalidates the institution of the other heirs in the will. Please take note that the omission or exclusion of the compulsory heir must be total – that is, said compulsory has not receive any advances during the lifetime of the decedent.

In effect, the entire inheritance shall now be disposed of following the provisions of the law and NOT in accordance with the terms of the will.

For example is the case of Iris Morales vs. Ana Maria Olondriz, Alfonso Juan Olondriz, Jr., Alejandro Moreno Olondreiz, Isabel Rosa Olondriz  and Francisco Javier Maria Olondriz, G.R. No. 198994, February 03, 2016.

The decedent in this case is Mr. Alfonso. He is survived by his widow named Ana Maria. He is also survived by his children: Alfonso Jr., Alejandro, Isabel, Angelo, and Francisco Javier. Francisco Javier is an illegitimate son of the decedent.

Accordingly, the decedent has executed a will.

In his will, he named Ms. Iris Morales (Iris) as the person who will make sure that the terms of his will shall be executed accordingly. Also, the decedent has named and instituted Iris, his wife and four of his children except Francisco, to succeed him in his entire estate.

For the reason that the decedent has executed a will, Iris filed a petition with the Regional Trial Court. The petition is for the allowance of the will. The wife and children of the decedent opposed the petition because Francisco was excluded from the will.

Are the wife and the children of the decedent correct?

Yes.

The Supreme Court affirmed the decision of the Court of Appeals. The Court of Appeals ruled that indeed Francisco was not named in the will. As a result, the omission of Francisco in the will annulled the institution of the heirs. The court did not allow the will. Thus, as to will inherit from the estate of the decedent is now governed by the law and no longer in accordance with the will.

Next questions are, “Could there also be a preterition in case of voluntary heirs? What are voluntary heirs?” Answers the queries will be posted in few days.

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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.

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