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What is legal or intestate succession?

Legal or intestate succession is that which is effected by operation of law in default of a will. It is legal because it takes place by operation of law; it is intestate because it takes place in the absence or in default of a last will of the decedent. (Jurado, p. 377)

 

What is the formula for application of inheritance?

The following are applied successively:

1. Institution of an heir (Bequest, in case of legacies or devises)

2. Substitution, if proper

3. Representation, if applicable

4. Accretion, if applicable

5. Intestacy, if all of The above are not applicable

 

Can there be a valid will which does not institute an heir?

Yes, a will is valid even if it contains only a provision for disinheritance or if only legacies and devises are contained in the will.

 

Who are intestate heirs?

1. Legitimate children or descendants

2. Illegitimate children or descendants

3. Legitimate parents or ascendants

4. Illegitimate parents

5. Surviving spouse

6. Brothers and sisters, nephews and nieces

7. Other collateral relatives up to the 5th degree

8. The State.