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    The document discusses dependent relative revocation and succession rights under Philippine law. It addresses scenarios involving testate and intestate succession where relatives predecease or are disinherited. It also discusses when legacies and devises are valid or void depending on if the testator owns the property or subsequently acquires it.

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    Samplex

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    The document discusses dependent relative revocation and succession rights under Philippine law. It addresses scenarios involving testate and intestate succession where relatives predecease or are disinherited. It also discusses when legacies and devises are valid or void depending on if the testator owns the property or subsequently acquires it.

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    The document discusses dependent relative revocation and succession rights under Philippine law. It addresses scenarios involving testate and intestate succession where relatives predecease or are disinherited. It also discusses when legacies and devises are valid or void depending on if the testator owns the property or subsequently acquires it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views2 pages

    Samplex

    Uploaded by

    Joven Camus
    The document discusses dependent relative revocation and succession rights under Philippine law. It addresses scenarios involving testate and intestate succession where relatives predecease or are disinherited. It also discusses when legacies and devises are valid or void depending on if the testator owns the property or subsequently acquires it.

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    Dependent Relative Revocation - is usually applied where the testator cancels or destroys a will or executes

    an instrument intended to revoke a will with a present intention to make a new testamentary disposition as
    a substitute for the old, and the new disposition is not made or, if made, fails of effect for some reason.

    W will still inherit from X. Under the law, the general rule when imposing an absolute condition not to
    contract a subsequent marriage, the testator should clearly impose such condition and not merely express
    his desire not to remarry. “My wife should not remarry again” – is merely a wish and not a clear condition
    imposed in the case. Inherit parin yung net estate amounting to 120,000.

    Dela Merced – in that case, there were brothers and sisters A, B, C and D. B had an illegitimate son S. Upon
    the death of A, his siblings B, C and D inherited his estate. Later on, B died, and upon his death, his son
    was claiming his entire estate. C and D opposed and said “teka muna, karamihan ng properties dyan ay
    galing kay A. You are illegitimate, you cannot inherit these properties.” Would they be correct, applying
    992? NO. Instead, what should apply here is 777 – from the moment of death of A, successional rights were
    transmitted to B, C and D. Thus, when B died, the properties which he inherited from A were already his
    own. S is not inheriting from the legitimate relatives of his father B, but from his own illegitimate parent,
    thus, he is clearly entitled to inherit.

    Can the testator give, by way of a valid legacy or devise, something which he does not own? YES, as long
    as the testator knows that he is not the owner. If the testator gives out, by way of legacy or devise, something
    which he erroneously thought he owned, the legacy or devise is void, UNLESS he subsequently acquires
    the thing by whatever title.

    If I said “By way of legacy, I give you my building at 1710 Donada Street, Pasay.” Akala ko saakin, hindi
    pala. Is there a valid devise? NO. But two years after the execution of the will, I bought that building from
    the owner, and I remained the owner thereof until my death. Is there now a valid devise? YES. My
    subsequent acquisistion has cured the defect.

    1. (TESTATE)

    X has 4 children ABCD


    C with 2 LEGITIMATE children E and F, 1 ILLEGITIMATE child G.
    D has 2 LEGITIMATE children H and I.

    C predeceased X and D repudiated.

    Net Estate: 120,000

    Legitime Voluntary ROA ROA Representative Legal heir of X with


    Share from from from D of C respect to the legitime
    Free Portion C which was repudiated by D
    A 15,000 15,000 7,500 7,500 5,000
    B 15,000 15,000 7,500 7,500 5,000
    E 6,000 2,000
    F 6,000 2,000
    G 3,000 1,000

    (INTESTATE)

    C predeceased and D repudiated.


    Intestate Share Representative of C ROA from D
    A 30,000 15,000 45,000
    B 30,000 15,000 45,000
    E 12,000 12,000
    F 12,000 12,000
    G 6,000 6,000

    2. A. (IMPERFECT DISINHERITANCE)

    X disinherited D without specifying the cause.


    X instituted B and C as his sole heirs
    A got nothing
    D has 2 children E & F

    Net Estate: 120,000

    Legitime Intestate Share Amount Received


    A 15,000 15,000 30,000
    B 15,000 15,000 30,000
    C 15,000 15,000 30,000
    D 15,000 15,000 30,000

    A was preterited because he was not given anything. B on the other hand was imperfectly disinherited.
    Since there was a preterition of A, D will still be able to get the whole of his legitime and all that he is
    entitled under the law of intestacy.

    Preterition of A will annul the imperfect disinheritance of D, therefore, intestacy will follow.

    B. (VALID DISINHERITANCE)

    D was validly disinherited.

    A 15,000 20,000 35,000


    B 15,000 20,000 35,000
    C 15,000 20,000 35,000
    E 7,500 7,500
    F 7,500 7,500

    In this case, D will not be entitled to anything. But his children, E and F will represent D with respect to
    his legitime. The remaining 60,000 will then be divided equally among A, B and C.

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