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?
- They become void and are not transferable.
- They are transmitted to the heirs from the moment of the decedent's death. (correct)
- They are retained by the decedent's estate until distributed.
- They are determined based on the decedent's wishes before their death.
What defines testate succession?
What defines testate succession?
- It is based solely on the decisions of a legal authority.
- It occurs when there is no will present.
- It involves a written will executed according to the law. (correct)
- It cannot specify recipients of the decedent's properties.
Which of the following is true about intestate succession?
Which of the following is true about intestate succession?
- It adheres to default provisions of the law for distribution of estate. (correct)
- It requires a valid written will.
- It is applicable only to wealthy individuals.
- It allows for complete control over property distribution.
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?
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?
What is the primary function of a will?
What is the primary function of a will?
Which of the following best describes the term 'decedent'?
Which of the following best describes the term 'decedent'?
What is NOT a characteristic of testate succession?
What is NOT a characteristic of testate succession?
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?
Which of the following is NOT a requisite for disinheritance?
Which of the following is NOT a requisite for disinheritance?
In the context of representation, which scenario allows for representation to arise?
In the context of representation, which scenario allows for representation to arise?
What is meant by 'right of representation'?
What is meant by 'right of representation'?
Which statement correctly describes the limitation on the right of representation?
Which statement correctly describes the limitation on the right of representation?
What condition is essential for a valid claim of disinheritance?
What condition is essential for a valid claim of disinheritance?
What is required for the probate of a holographic will?
What is required for the probate of a holographic will?
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?
Which of the following must be true about the cause of disinheritance?
Which of the following must be true about the cause of disinheritance?
What is a codicil?
What is a codicil?
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?
How can a will be revoked by the testator?
How can a will be revoked by the testator?
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?
Which of the following describes intestacy?
Which of the following describes intestacy?
Which method is NOT a way to revoke a will?
Which method is NOT a way to revoke a will?
Which statement regarding a holographic will is accurate?
Which statement regarding a holographic will is accurate?
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?
In Mr. Richie's estate, how much did each legitimate child inherit?
In Mr. Richie's estate, how much did each legitimate child inherit?
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?
What is the share of Mrs. Uyong in the net common properties?
What is the share of Mrs. Uyong in the net common properties?
How is the net estate of Don Uyong calculated?
How is the net estate of Don Uyong calculated?
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?
What is the purpose of distributing the estate among heirs?
What is the purpose of distributing the estate among heirs?
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?
What defines legitimate children?
What defines legitimate children?
Which relatives qualify as primary heirs?
Which relatives qualify as primary heirs?
What determines the proximity of collateral relatives?
What determines the proximity of collateral relatives?
Who inherits in absence of compulsory heirs?
Who inherits in absence of compulsory heirs?
What is the difference between lineal and collateral consanguinity?
What is the difference between lineal and collateral consanguinity?
Who qualifies as illegitimate parents?
Who qualifies as illegitimate parents?
What is meant by secondary compulsory heirs?
What is meant by secondary compulsory heirs?
What do legitimate parents refer to in the context of this content?
What do legitimate parents refer to in the context of this content?
Flashcards are hidden until you start studying
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.
