Podcast
Questions and Answers
What happens to the rights to the succession at the moment of the decedent's death?
What happens to the rights to the succession at the moment of the decedent's death?
What defines testate succession?
What defines testate succession?
Which of the following is true about intestate succession?
Which of the following is true about intestate succession?
What term is used to describe a person who has made a last will and testament?
What term is used to describe a person who has made a last will and testament?
Signup and view all the answers
Which type of succession includes both a written will and provisions of law?
Which type of succession includes both a written will and provisions of law?
Signup and view all the answers
What is the primary function of a will?
What is the primary function of a will?
Signup and view all the answers
Which of the following best describes the term 'decedent'?
Which of the following best describes the term 'decedent'?
Signup and view all the answers
What is NOT a characteristic of testate succession?
What is NOT a characteristic of testate succession?
Signup and view all the answers
What is the primary effect of a decedent's death on estate taxation?
What is the primary effect of a decedent's death on estate taxation?
Signup and view all the answers
Which of the following is NOT a requisite for disinheritance?
Which of the following is NOT a requisite for disinheritance?
Signup and view all the answers
In the context of representation, which scenario allows for representation to arise?
In the context of representation, which scenario allows for representation to arise?
Signup and view all the answers
What is meant by 'right of representation'?
What is meant by 'right of representation'?
Signup and view all the answers
Which statement correctly describes the limitation on the right of representation?
Which statement correctly describes the limitation on the right of representation?
Signup and view all the answers
What condition is essential for a valid claim of disinheritance?
What condition is essential for a valid claim of disinheritance?
Signup and view all the answers
What is required for the probate of a holographic will?
What is required for the probate of a holographic will?
Signup and view all the answers
What happens to the share of heirs in the estate following the decedent's death?
What happens to the share of heirs in the estate following the decedent's death?
Signup and view all the answers
Which of the following must be true about the cause of disinheritance?
Which of the following must be true about the cause of disinheritance?
Signup and view all the answers
What is a codicil?
What is a codicil?
Signup and view all the answers
Which of the following is a valid cause for the revocation of a will?
Which of the following is a valid cause for the revocation of a will?
Signup and view all the answers
How can a will be revoked by the testator?
How can a will be revoked by the testator?
Signup and view all the answers
What happens if a will is destroyed without the express direction of the testator?
What happens if a will is destroyed without the express direction of the testator?
Signup and view all the answers
Which of the following describes intestacy?
Which of the following describes intestacy?
Signup and view all the answers
Which method is NOT a way to revoke a will?
Which method is NOT a way to revoke a will?
Signup and view all the answers
Which statement regarding a holographic will is accurate?
Which statement regarding a holographic will is accurate?
Signup and view all the answers
What portion of the estate does each illegitimate child inherit compared to a legitimate child?
What portion of the estate does each illegitimate child inherit compared to a legitimate child?
Signup and view all the answers
In Mr. Richie's estate, how much did each legitimate child inherit?
In Mr. Richie's estate, how much did each legitimate child inherit?
Signup and view all the answers
What is the total value of the estate left by Mr. Richie Rich?
What is the total value of the estate left by Mr. Richie Rich?
Signup and view all the answers
What is the share of Mrs. Uyong in the net common properties?
What is the share of Mrs. Uyong in the net common properties?
Signup and view all the answers
How is the net estate of Don Uyong calculated?
How is the net estate of Don Uyong calculated?
Signup and view all the answers
According to the inheritance rules, how many total shares are accounted for in the partition of Mr. Richie's estate?
According to the inheritance rules, how many total shares are accounted for in the partition of Mr. Richie's estate?
Signup and view all the answers
What is the purpose of distributing the estate among heirs?
What is the purpose of distributing the estate among heirs?
Signup and view all the answers
In the estate of Don Uyong, what is the total value of exclusive properties?
In the estate of Don Uyong, what is the total value of exclusive properties?
Signup and view all the answers
What defines legitimate children?
What defines legitimate children?
Signup and view all the answers
Which relatives qualify as primary heirs?
Which relatives qualify as primary heirs?
Signup and view all the answers
What determines the proximity of collateral relatives?
What determines the proximity of collateral relatives?
Signup and view all the answers
Who inherits in absence of compulsory heirs?
Who inherits in absence of compulsory heirs?
Signup and view all the answers
What is the difference between lineal and collateral consanguinity?
What is the difference between lineal and collateral consanguinity?
Signup and view all the answers
Who qualifies as illegitimate parents?
Who qualifies as illegitimate parents?
Signup and view all the answers
What is meant by secondary compulsory heirs?
What is meant by secondary compulsory heirs?
Signup and view all the answers
What do legitimate parents refer to in the context of this content?
What do legitimate parents refer to in the context of this content?
Signup and view all the answers
Study Notes
Estate Tax
- Upon death, estate is assessed and reduced by legal deductions before computing estate tax.
- Estate tax is applicable regardless of the decedent's will validity or absence of heirs.
- Tax is due even if no relatives inherit the estate.
Disinheritance
- Deprivation of inheritance rights granted to a compulsory heir through a valid will.
- Not applicable to voluntary heirs.
- Requires specific legal grounds stated within the will, which must be clear and true.
- Disinheritance must be total and unconditional, identifying the disinherited person clearly.
Right of Representation
- A legal mechanism allowing a representative to inherit the share of a deceased heir.
- Arises from situations such as death, incapacity, or disinheritance.
- Representatives inherit only the share that the original heir would have received.
Succession
- Transfer of a person's property, rights, and obligations, effective immediately upon death.
- Inheritance encompasses all assets and liabilities not extinguished by death.
Types of Succession
- Testate: Succession through a valid will, where the testator designates heirs.
- Intestate: Succession without a valid will, following statutory rules.
- Mixed Succession: Combination of both will and law-based inheritance.
Will and Codicil
- A will allows a person to dictate property distribution posthumously, requiring specific legal formalities.
- A codicil is an addition to a will, modifying its provisions, and must adhere to the same execution requirements as a will.
Revocation of Wills
- Wills can be revoked at any time before death; any waiver of this right is invalid.
- Methods include implication of law, new writings, or physical destruction of the will.
- Wills can still be deemed valid if destruction is proven to be unauthorized.
Causes of Legal Succession
- Occurs when there’s no valid will or if the will is void.
- Inheritance hierarchy prioritizes legitimate children, biological parents, surviving spouses, and illegitimate descendants.
Inheritance Prioritization
- Absence of compulsory heirs leads to inheritance by collateral relatives (up to the fifth degree) or the Philippine government.
Compulsory Heirs
- Primary heirs include children (legitimate and illegitimate) and the surviving spouse.
- Partition of the estate reflects equal shares among legitimate children, while illegitimate children receive half shares.
Illustrative Examples
- Example: Mr. Richie Rich’s P45,000,000 estate divided among two legitimate and two illegitimate children, showing share calculation.
- Example: Don Uyong’s estate divided between widow and children, demonstrating computation of exclusive and common properties to determine distributable estate.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers the fundamental aspects of estate taxation, including how the estate of a decedent is determined and the deductions allowed by law. It also explains the implications of a decedent's will and the distribution of an estate among heirs. Understand the essentials of estate tax computation and its relevance regardless of heirship.