Inheritance

LAW F THE WEEK

What is succession?

        In legal parlance it means succeeding to the rights of another, as where a new corporation which is a reorganization of another corporation takes the rights of the old corporation.

Succession also signifies the estate, rights and charges which a person leaves after his/her death, whether the property exceed the charges, or the charges exceed the property, or whether s/he has left only charges without property. The succession not only includes the rights and obligations of the deceased, as they exist at the time of his/her death, but all that has accrued thereto since the opening of the succession, as also of the new charges to which it becomes subject.

Was there preterition?

Yes, the compulsory heirs in the direct line were not included in the will. It was the testator’s last expression to bequeath his estate to all his collateral heirs, with the sole exception of his son.

Can the donation made by my father be invalidated?

Yes, that is possible. It may be emphasized that a person’s prerogative to make donations is subject to certain limitations, one of which is that he cannot give by donation more than he can give by will. This is clearly emphasized in Article 752 in relation to Article 750 of the Civil Code

In Art. 750. The donations may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected.

When is donation by parents considered void?

Those not perfected in accordance with the forms and solemnities of the law. 2. Those made with property outside the commerce of man. 3. Those made with future property except those provided in marriage settlements. 4. Those made to persons specially disqualified. 5. By reason of possible undue influence.