INSTITUTION OF AN HEIR
ART. 841 - A will shall be valid even if:1. It should not
contain an institution of an heir2. In case of partial institution
of an heir3. The instituted heir repudiated the inheritance4. The
instituted heir is incapacitated to succeed.Effect of Lack of
Institution The testamentary dispositions made in accordance with
law shall be complied.While the remainder shall pass to the legal
heirs in accordance with the law of intestate succession.There is
what we call now as MIXED SUCCESSION.
ART. 842 If the testator DOES NOT have a compulsory heir, he can
dispose the whole of his estate or part of it in FAVOR OF ANY
PERSON WHO HAS CAPACITY TO SUCCEED. If HE HAS compulsory heir, HIS
FREEDOM OF DISPOSITION IS NOT ABSOLUTE IN CHARACTER. His freedom of
disposition shall extend only to the disposable free portion of his
estate, but not to the legal portion or legitime. According to the
law, such portion or legitime is reserved for the cumpolsory
heirs.ART. 904 The testator cannot deprive his cumpolsory heir of
his legitime, except in cases specied by law. Neither can he impose
upon the same any burden, encumbrance, condition or substitution of
any kind whatsoever. The only case in which the testator may, by
his own act deprive a compulsory heir of his legtime, is by means
of DISINHERITANCE for causes expressly stated by law. The only case
in which the law recognizes a right of the testator to impose a
charge upon the legitime is when it allows the said testator TO
PROHIBIT THE PARTITION OF THE ENTIRE ESTATE INCLUDING THE SAID
LEGITIME for a period which shall not exceed 20yrs.
ART. 843 The testator shall designate the heir by his name or
surname, and if same names, he shall indicate some circumstances by
which the instituted heir may be known. Even if NAME IF HEIR IS
OMITTED, if there is a designation as there can be no doubt as to
who was instituted, THE INSTITUTION IS VALID.ART. 844 An error in
the name, surname, or circumstances of the heir SHALL NOT VITIATE
THE INSTITUTION, WHEN IT IS POSSIBLE IN ANY MANNER, to know with
certainty the person instituted. If there is really similarities of
names and even with the use of proofs, the person instituted cannot
be identified, NONE OF THEM SHALL BE AN HEIR.ART. 845 Every
disposition in favor of an UNKNOWN PERSON SHALL BE VOID, unless
some event or circumstance his identity becomes certain. However, a
disposition in favor of A DEFINITE CLASS OR GROUP OF PERSONS is
VALID.
ExAMPLES OF INVALID INSTITUTION:1. A GROUP OF VETERANS2. SOME
MEMBERS OF THE BAR3. LOVERS OF ARTEXAMPLES OF DEFINITE AND VALID
CIRCUMSTANCE OF IDENTIFICATION:1. The person who saved his life
during the last battle in Corregidor2. The present chief or head of
a certain labor Movement in Manila3. The bar candidate who will top
the first bar examnination after his death.
The institution, devise or legacy is valid, since it is possible
to ascertain the identity of the designated heir either by a past,
present or future event or circumstance. But even with clear
designation, it may still be held INVALID, WHEN THE TESTATOR
INSTITUTES AS HIS HEIR ANY PERSON DESIGNATED BY ANOTHER PERSON. In
this case, there is in reality a DELEGATION TO ANOTHER PERSON OF
THE POWER TO DESIGNATE THE INSTITUTED HEIR, which IS PROHIBITED,
and under ART. 785, NULL AND VOID.WHAT ARE INDISPENSIBLE BEFORE THE
DISPOSITION CAN BE CONSIDERED VALID:1. That the identity of the
person can be ascertained either by a past, present or future event
or circumstance.2. The beneficiary must be in existence at the time
of the testators death. Otherwise, even if it would be possible to
determine his identity. The disposition would still be ineffective
on the ground of ABSOLUTE INCAPACITY. INSTITUTIONS WITHOUT
DESIGNATION OF SHARESART. 846 Heirs instated without designation of
shares SHALL INHERIT IN EQUAL PARTS. This rule however should NOT
BE INTERPRETED IN AN ABSOLUTE MANNER as it would impair the
legitimes of the compulsory heirs. It should be limited only where
the heirs are of the same class or juridical condition, and where
there are compulsory heirs among the heirs instituted, IT SHOULD BE
APPLIED ONLY TO THE DISPOSABLE FREE PORTION. EXAMPLE OF NO
DESIGNATION OF SHARE, BUT NOT RESULT WITH EQUAL SHARES Testator
designates WIFE, CHILD AND FRIEND Wife and child are compulsory
heirs, while the friend is the VOLUNTARY HEIR NOT EQUAL SHARES,
because the legitime of wife and child will be impaired Satisfy
first the legitimes which corresponds To the compulsory heirs and
then apply the rule in ART. 846PROBLEM:A instituted B (his son) and
his brothers C and D as his heirs to an estate of P600,000.
Distribute the estate.ANSWER:ART. 846 of the Civil Code which
declares that heirs instituted without designation of shares SHALL
INHERIT IN EQUAL PARTS, is applicable. It must be noted however,
that one of the instituted heirs (B) is a compulsory heir, while
the other two are voluntary heirs. Art. 846 is applicable only to
the DISPOSABLE FREE PORTION and NOT TO THE LEGITIME OF THE
COMPULSARY HEIRS. Therefore, B gets of the estate of equivalent to
300,000. While the remaining 300,000 will be divided in equal part
to B, C, AND D Therefore: B = 300,000+100,000 C= 100,000
D=100,000
ART. 847 INDIVIDUAL AND COLLECTIVE INSTITUTIONS In the absence
of a more specific designation, the law presumes that those WHO ARE
COLLECTIVELY DESIGNATED, SHALL BE CONSIDERED AS INDIVIDUALLY
INSTITUTED, in accordance with the presumed will of the
testator.PROBLEM:A died in 1980. He left a will which contains the
following institution of heirs: I designate as my heirs my son B,
my daughter C, the children of my deceased son D, and my friend X.D
who died in 1969, is survived by his three legitimate children
E,F,G.The net residue of As estate is 180,000. How shall the
distribution be made.ANSWER:The provisions of ART. 846 and 847 are
applicable. The rule that the heirs shall inherit in equall parts
shall be applicable only to the DISPOSABLE FREE PORTION, should
there be COMPLUSARY HEIRS. The esate shall be divided as follows:
First, satisfy the legitime of B,C, E,F and G. B AND C shall be
entitled to P30,000 each., while E,F, and G will be entitled to
P10,000 each, BY RIGHT OF REPRESENTATION. The disposable FREE
PORTION OF 90,000 will then be divided equally amonth the
instituted heirs B,C,E,F,G and X
ART. 848 Institution of Brothers and Sisters there is no
discrimination whatsoever, the inheritance shall be distributed
equally, unless a diff. intention appears. However, IN CASE OF
INTESTATE SUCCESSION, should brothers and sisters of the full blood
survive together with the brothers and sisters of the half blood,
THE FORMER SHALL BE ENTITLED TO A SHARE DOUBLE THAT OF THE
LATTER.
ART. 849 When the testator calls to the succession A PERSON AND
HIS CHILDREN, they are all deemed to have been instituted
SIMULTANEOUSLY AND NOT SUCCESSIVELY.
ART. 850 The statement of a false cause for the institution of
an heir shall be considered as NOT WRITTEN, unless it appears from
the will that the testator would not have made such instution if he
had known the falsity of such cause. The test which must be applied
in order to resolve the question is to determine from the will
itself whether or not the testator would not have made the
institution had he known of the falsity of such cause.Requisites:1.
The cause for the institution of the heirs must be stated in the
will2. The cause must be shown to be false3. It must appear from
the face of the will that the testator would not have made such
institution had he known of the falsity of the cause.
ART. 851 If the testator has instituted ONLY ONE HEIR, and the
institution is limited to an aliquot part of the inheritance, legal
succession takes place with respect to the remainder of the
estate.The same principle applies, if the testator had instituted
SEVERAL HEIRS, each being limited TO AN ALIQUOT PART, and all the
parts do not cover the whole inheritance. The will therefore, what
is known as MIXED SUCCESSIONExx.) A instituted B to of the estate,
then the other half shall pass to the LEGAL HEIR.ART. 852 If it was
the intention of the testator that the instituted heirs should
become sole heirs to the whole estate, or the whole free portion,
and each of them has been instituted to an aliquot portion of the
inheritance and their aliquot parts together DON NOT COVER THE
WHOLE INHERITANCE, or the whole free portion, EACH PART SHALL BE
INCREASED PROPORTIONALLY.EX.) If the testator institutes A to 2/5
of the inheritance, B to 1/5 and C to 1/5, there will still be a
remainder of 1/5 which shall pass to the legal heirs.Ex. 2) the
testator institutes A to 1/3 off the entire inheritance. B to and C
to , with the intention that all of them shall become the sole
heirs off the whole estate. The net remainder of the estate after
the death of the testator is P120,000. How much is the share of
each of the instituted heirs?A= 40,000B= 30,000C= 30,000EXCESS =
20,000 = 3:4:4 (increase in share)3/10 OF 20,000 = 6,0003/10 OF
2000 = 6,0004/10 OF 20,000= 8000
OR 120,000 X 40,000 = 48,000 100,000ART. 853 If Each of the
instituted heirs has been given an aliquot part of the inheritance,
and the parts together exceed the whole inheritance, or the whole
free portion, each part shall be reduced proportionally.RULE IF
MORE THAN INHERITANCE COVERED each part shall be reduced
PROPORTINATELYEX.)The testator institutes as his universal heirs
A,B,C,D. According to the institution, A shall inherit , B 1/3, C
and D 1/6. The net remainder of the entire inheritance after the
death of the testator is P120,000. How much is the share of each
the instituted heirs.ANSWER: A= OF 120,000 = 60,000B= 1/3 OF
120,000 = 40,000C = OF 120,000 = 30,000D= 1/6 of 120,000 =
20,000EXCESS = 30,000A= 120,000 x 60,000 = P48,000150,000
B= 120,000 x 40,000 = 32,000 150,000C = 120,000 x 30,000 =
24,000 150,000 D = 120,000 X 20,000 = 16,000 150,000 PREDECEASE OF
HEIRSART. 956 If the legatee ot devisee cannot or is unwilling to
accept the legacy or devise, or if the legacy or devise for any
reason should become ineffective, it shall be merged into the mass
of the estate, except in cases of substation and of the right of
accretion.EFFECT OF INCAPACITY Incapacity has the same effects as
predecease. A voluntary heir who is incapacitated to succeed from
the testator shall transmit no right whatsoever to his own heirs. A
compulsory heir may be represented, but only with respect to his
legitime. The same is in case of disinheritance.
EFFECT OF REPUDIATION The effects of repudiation, on the other
hand, are different from those of predecease or incapacity. Whether
voluntary or compulsory, the heir who repudiates his inheritance
cannot transmit any right to his own heirs. THIS RIGHT IS
ABSOLUTE!
SUBSTITUTION OF HEIRS
Art. 857 Substitution is the appointment of another heir so that
he may enter into the inheritance of the heir originally
instituted. It is a conditional institution General Limitation: If
the heir for whom a substitute is appointed is a compulsory heir,
the rule is that the substitute CANNOT AFFFECT THE LEGITIME OF SUCH
HEIR.
ART. 858 Substitution of heirs may be:1. Simple or Common when
the testator designates one or more persons to substitute the heir
instituted, in case the heir should die before the testator,
repudiates the inheritance or is incapacitated.2. Brief when there
are two or more persons designated by the testator to substitute
for ONLY ONE HEIRCompendious when there is only one person
designated to substitute for two or more heirs3. RECIPROCAL When
two or more persons are not only instituted as heirs, but are also
designated mutually as substitutes for each other.4. FIDEICOMMISARY
takes place when the fiduciary or first heir instituted is
entrusted with obligation to preserve and to transmit to a second
heir the whole or part of the inheritance, provided, such
institution does not go beyond one degree from the heir originally
instituted, and provided further, that the fiduciary and or first
heir and the second heir are living at the time of the death of the
testator. REQUISITES must CONCUR:1. There must be a first heir
primarily called to the enjoyment of the estate2. There must be a
second heir3. There must be an obligation clearly imposed upon the
first heir to preserve the estate and to transmit it to the second
heir.*The the second heir or fideicommissary should be entitle to
the estate from the time the testator dies, since he is to inherit
from the latter and not fron the fiduciary. LIMITATIONS:1. The
substitution must not go beyond one degree from the heir originally
instituted (only parent or child can be fideicommissary)2. The
fiduciary and the fideicommissary must be living at the time of the
death of the testator3. The substitution must not burden the
legitime of the compulsory heirs4. The substitution must be made
expresslyRIGHTS OF FIDEICOMMISARY He acquires a right to the
inheritance from the moment of the death of the testator. However,
this right is subject or without prejudice to the corresponding
right of the fiduciary heir If he dies before the expiration of the
period and before the death of the fiduciary, his right to the
estate shall be transmitted to his own heirs.EX.) X died in 1960
leaving a will wherein
WHEN SUBSTITUTION TAKES PLACEhe devised a house and lot, now
valued at P2,000,000, to his friend A, as fiduciary heir and to B,
the eldest son of A, as fideicommissary substitute or second heir.
B died in 1975, survived by two legitimate children, E and F. In
1980, A died intestate survived by (a) his two sons, C and D, and
(b) his two grandchildren, E and F. C and D now claim that the
house and lot should be divided in accordance with the rules of
intestacy; in other words, C is entitled to 1/3 of the property; D
to 1/3; and E and F, also to 1/3 by right of representation. E and
F on the other hand, contend that they are entitled to the property
to the exclusion of all others. Decide.ANSWER: E and F are correct.
It must be observed that B, as fideicommissary substitute or second
heir, acquired a right to the to the subject property upon the
death of the testator, under Art. 866. When he died in 1975, this
right passed to his children, E and F. Therefore, E and F are now
entitled to the subject property TO THE EXCLUSION OF ALL THE
OTHERS.
When the fidecommissary is conditional, however, the
fideicommisary heir has only a mere hope or expectancy.
Consequently, if the fideicommissary dies before the condition has
been fulfilled, HE ACQUIRES NO RIGHT TO THE OBJECT, and as a
consequence, HE TRANSMITS NO RIGHT WHATSOEVER TO HIS HEIRS.
WHEN DOES SUBSTITUTION TAKES PLACE?1. In case the heir
instituted should die before the testator2. In case he should be
incapacitated to succeed from the testator3. In case he should not
wish to accept the inheritanceNUMBER OF SUBSTITUTES - NO
LIMITATIONS upon number of persons who may be instituted as
heirsSHARES OF SUBSTITUTEs when two or more persons are instituted
by the testator as heirs and they are also designated mutually or
reciprocally as substitutes for each other. If there are only two
instituted heirs and they are designated mutually as substitutes
for each other, the substitute shall acquire the entire share of
the heir who dies, renounces, or is incapacitated, even if the
shares of both are equal. If there are three or more instituted
heirs and they are designated mutually as substitutes for each
other, the substitutes shall have the same share in the
substitution as in the institution. Ex.) The testator instituted to
A of the entire inheritance, B to , C to 1/6 and D to1/12 and at
the same time designated each and everyone of them as a substitute
of the others. The net remainder of the estate is P36,000. B,
however, repudiated his share. What will happen to the vacant
share?ANSWER: B = 9,000Reduce each share to their common
denominator for the 9,000A= 6/12, C =2/12, D = 1/12A= 6/9 = 6000 ;
C= 2/9 = 2000 ; D = 1/9 = 1000A= 18,000 + 6,000 = 24,000C= 9,000+
2,000 = 11,000D = 3,000 + 1,000 = 4,000
EFFECT OF SUBSTITUTION Once the substitution has taken place,
the substitute shall NOT ONLY TAKE OVER THE SHARE that would have
passed to the instituted heir, BUT HE SHALL BE SUBJECT to the same
charges and conditions imposed upon such instituted heir.
EXCEPTIONS:1. When the testator has expressly provided the
contrary2. When the charges and conditions are personally
applicable to the heir instituted.
ART. 867 The following shall not take effect: (VOID
SUBSTITUTION)1. Fideicommissary substitutions which are NOT MADE IN
AN EXPRESS MANNER2. Provisions which contain a perpetual
prohibition to alienate, and even a temporary one, beyond the limit
fixed in Art. 8633. Those which impose upon the heir the charge of
paying to various persons successively, beyond the limit, a certain
income or pension4. Those which leave to a person the whole or part
of the hereditary property in order that he may apply or invest the
same according to secret instructions communicated to him by
testator.EFFECT OF VOID SUBSTITUTIONART. 868 the nullity of the
fideicommissary substitution does not prejudice the validity of the
institution of the heirs first designated; the fideicommissary
clause shall simply be considered as NOT WRITTEN.ART. 870 The
dispositions of the testator DECLARING ALL or PART OF THE ESTATE
INALIENABLE FOR MORE THAN TWENTY YEARS are VOID.
KINDS OF INSTITUTION1. Simple or pure . ART. 777 The rights to
the succession are transmitted from the moment of death of the
decedent.2. Conditional. ART. 871 The institution of an heir may be
made conditionally, or for a certain purpose or cause.INOPERATIVE
CONDITIONSART. 872 the testator cannot impose any charge,
condition, or substitution whatsoever, upon the legitimes
prescribed in this Code. Should he do so, the same shall be
considered as NOT IMPOSED.ART. 873 Impossible conditions and those
contrary to law or good customs shall be considered as NOT IMPOSED
and shall in no manner prejudice the heir, even if the testator
should provide otherwise. However, the institution of heir or
devise or legacy IS NOT AFFECTED.ART. 874 An absolute condition not
to contract a first or subsequent marriage SHALL BE CONSIDERED AS
NOT WRITTED unless, such condition has been imposed on the widow or
widower by the deceased spouse, or by the latters ascendants or
descendants. ABSOLUTE CONDITIONS not to contract marriage not
written as it is contrary to morals and public policy because it
deprives a person of his inherent right to choose his own status
Condition NOT TO CONTRACT FIRST MARRIAGE not writted as it is
contrary to morals, etc. However, in the case of impossble
conditions, the validity of the institution of heirs is not
affected. If the father instituted his daughter as an heir,
provided that shel not get married, the institution is valid, but
the condition is VOID. Condition NOT TO CONTRACT SUBSEQUENT
MARRIAGE - The rule is subject to several excepions,therefore,
VALID. Basis, LOVE which transcends even death itself. An offense
against the deceased memory.
1. When it is imposed by the deceased spouse himself2. When it
is imposed by the ascendants of the deceased spouse3. When it is
imposed of the descendants of the deceased spouse
DISPOCICION CAPATATORIA art. 875 Any disposition made upon the
condition that the heir shall make some provisions in his will IN
FAVOR OF THE TESTATOR or of any other person SHALL BE VOID. EFFECT:
It nullifies the disposition itself, because terstamentary
succession is an ACT OF LIBERALITY, not a contractual
agreement.COMPLIANCEART. 876 Any purely potestative condition
imposed upon an heir muct be fulfilled by him as soon as he learns
of the testators death.This rule shall not apply when the
condition, already complied with, cannot be fulfilled
again.Potestative condition one whose fulfilment depends
exclusively upon the will of the heir, devise or legatee.EX. If A
is instituted as heir if he shall study law in certain college or
if B shall not get married before reaching 25 IS PURELY
POTESTATIVE. ART. 877 If the condition is casual or mixed, it shall
be sufficient if it happens or be fulfilled at any time before or
after the death of the testator, unless he has provided otherwise.
Causal Condition one whose fulfillment depends exclusively UPON
CHANCE and upon the will of a 3rd person.Ex. If a certain person is
appointed as a devisee or legatee with respect to certain
properties, if the testators horse shall win the Senior Grand
derby.MIXED CONDITION one whose fulfillment depends jointly upon
the will of the heir, devisee and legatee and upon chance and/or
the will of a 3rd person.EX. If the testator bequeaths P10,000 to A
subject to the condition that A shall get married to B within 5yrs
after the testators death.
EFFECT ART. 879 Rule in negative potestative conditions (not
doing or not giving anything) The right of the heir, devisee or
legatee DOES NOT HAVE TO BE HELD IN SUSPENSE. He acquires his right
as a matter of course without any limitations other than that of
not doing or not giving anything It means immediate delivery of the
property to the heir, devisees or legatees. In case the mandate or
order of the testator is violated, the heir, devisee or legatee
SHALL RETURN WHATEVER HE MAY HAVE RECEIVED, together with its
fruits and interests. In case he cannot, the SECURITY shall have to
answer for the deficiency. Until the condition is violated, he
shall continue in the possession and enjoyment of the property.ART.
880KINDS OF CONDITION1. Suspensive wait for the happening of the
even before one could inherit The estate will be placed undeR the
ADMINISTRATOR until the condition is fulfilled (ART880)2.
RESOLUTORY The inheritance will be immediately under the possession
of the heir until the happening of the event.
EX. OF SUSPENSIVE T instituted A as heir under suspensive
condition. However, A died before the happening of the event. After
2 days, the suspensive condition arose.ANSWER: Under the old civil
code, if A died before the happening of the suspensive condition,
he shall not inherit anything.ART. 1034 the heir must have legal
capacity. But the heir died, thus NO LEGAL CAPACITY. Who will
inherit? LEGAL HEIR
Ex. Of RESOLUTORYA died. The event happened, thus the right of
inheritance is extinguished.ANSWER: It depends. If in the death of
the instituted heir, the non-happening of resolutory condition WILL
BECOME CERTAIN OR NOT. If YES, it will be the HEIRS of INSTITUTED
HEIRS (No more conditions because of death. Absolute right If the
resolutory condition is NOT DEPENDENT TO THE DEATH OF THE
INSTITUTED HEIR, Legal heirs of the instituted heirs by subrogation
and subject to same conditions
WITH A TERMA. Kinds ART. 885 The designation of the time or day
when the effects of the institution of an heir shall commence or
cease SHALL BE VALID.In both cases, the LEGAL HEIR SHALL BE
CONSIDERED AS CALLED TO SUCCESSION until the arrival of the period
or its expiration.But in the first case, he shall NOT ENTER INTO
POSSESSION of the property, until after having given sufficient
security, with the intervention of the instituted heir.
RULE IF TERM IS SUSPENSIVE The term shall suspend the effects of
the institution or of the devise or legacy. In other words, the
heir, etc. can only demand the delivery of the inheritance, ONLY
UPON THE EXPIRATION OF THE TERM OR PERIOD. Pending the arrival of
the date or time designated by the testator, the inheritance shall
be given to THE LEGAL OR INTESTATE HEIRS OF THE SAID TESTATOR.
However, these legal heirs shall NOT ENTEr into the possession of
the property WITHOUT GIVING SUFFICIENT SECURITY There is however
one instance where it is possible to apply the provisions of ART.
880 (Administrator), if the legal heirs cannot file the required
BOND OR SECURITY, then the inheritance shall be placed under
ADMINISTRATION.
TRANSMISSIBILITY OF RIGHTS If the instituted heir should die
before the expiration of the suspensive term or period, his RIGHT
SHALL BE TRANSMITTED TO HIS OWN HEIRS.RULE IF TERM IS RESOLUTORY
the heir, etc, can demand immediately for the delivery of the
inheritance. However, after the expiration of the designated
period, his rights thereto are terminated. As a consequence, the
inheritance, etc. shall pass to THE LEGAL HEIRS OF THE TESTATOR.
LEGITIMEART. 886 Legitime is that part of the testators property,
which he cannot dispose of because the law has RESERVED IT FOR
CERTAIN HEIRS, who are the COMPULSORY HEIRS. Compulsory heir is
applicable only WHEN THERE IS A WILL If there is NO LAST WILL,
there is NO LEGITIME, THEREFORE, no compulsory heirs, BUT ONLY
LEGAL HEIR because of INTESTACYART. 887 WHO ARE COMPULSORY HEIRS1.
Legitimate children and descendants, with respect to their
legitimate parents and ascendants2. In default of the foregoing,
legitimate parents and ascendants, with respect to their children
and descendants3. The widow or widower4. Acknowledged natural
children, and natural children by legal fiction5. Acknowledged
illegitimate children who are not natural.Compulsory heirs
mentioned in Nos. 3,4 and 5 ARE NOT EXCLUDED by those in Nos. 1 and
2; neither do they exclude one another.In all cases of illegitimate
children, THEIR FILIATION MUST BE PROVED.The father or mother of
illegitimate children of the three classes mentioned, shall inherit
from them in the manner and to the extent established by this Code.
On the other hand, if the testator is an illegitimate person, his
compulsory heirs are the following:1. Legitimate children and
descendants2. Ackknowledged natural children and natural children
by legal fiction3. Acknowledged illegitimate children who are not
natural4. In default of the foregoing, parents by nature; and5. The
widow or widowerThe following are illegitimate children under Art.
165 of Family Code1. Children born of couples who are not legally
married, or of common law marriages2. Children born of bigamous or
polygamous marriages3. Children born of adulterous relations
between parents4. Children born of couples below 18yrs old, whether
they are married (but which marriage is VOID)5. Children born of
other void marriages Under Art. 35 of the Family Code.6. Children
born of incestuous marriages under Art. 377. Children born of
marriages void for reasons of public policy under Art. 38LEGITIMATE
CHILDREN INCLUDES:ART. 36 Psychological incapacityART. 53 either of
the former spouses who marries again fails to comply with the
requirements of civil registryKINDS OF COMPULSORY HEIRS:Primary
those who are always entitled to their legitime as provided by law
regardless of the class of compulsory heirs with which they may
concur. Includes all kinds of compulsory EXCEPT, parents or
ascendantsSecondary those who may be excluded by other compulsory
heirs. Embraces only parentsCONCURRENT OF COMPULSORY HEIRS AND
THEIR LEGITIMEART. 888 The legitime of legitimate children and
descendants consisits of of the hereditary estate of the father or
motherThe latter may freely dispose of the remaining half, subject
to the rights of the illegitimate children amd of the surviving
spouse. Applies RULE OF PROXIMITY (The nearer excludes the
father)SEE EXAMPLES ON YELLOW PAPERMEMORIZE THE TABLEART. 889 The
legitime of legitimate parents or descendants consists of of the
hereditary estate of their children and descendants.The children or
descendants may freely dispose of the other half, subject to the
rights of illegitimate children and of the surviving spouse.
ART. 890 The legitime reserved for the legitimate parents shall
be divided between them EQUALLY; if one of the parents should die,
the whole shall pass to the survivor.If the testator leaves neither
father nor mother, but is survived by ascendants of equal degree of
the paternal and maternal lines, the legitime shall be divided
equally between both lines.
ART. 892 If only one legitimate child or descendant of the
deceased survives, the widow or widower shall be entitled to of the
hereditary estate. In case of a legal separation, the surviving
spouse may inherit if it was the deceased who had given cause for
the same.If there are two or more legitimate children or
descendants, the surviving spouse shall be entitled to such portion
equal to the legitime of each of the legitimate children or
descendants.In both cases, the legitime of the surviving spouse
shall be taken from the portion that can be freely disposed of by
the testator.READ REST OF LEGITIME PAGE. 285- 328
PRETERITION ART. 854 The preterition or omission of one, some,
or all of the compulsory heirs in the DIRECT LINE, whether living
at the time of the execution of the will or born after the death of
the testator, shall annul the institution of heir; but the devises
and legacies shall be VALID in so far as they ARE NOT INOFICIOUS.If
the omitted compulsory heirs should die before the testator, the
institution shall be effectual, without prejudice to the right of
representation. REQUISITES:1. The heir omitted must be a compulsory
heir in the direct line2. The omission must be complete and total
in character in such a way that the omitted heir does not and has
not received anything at all from the testator by any title
whatsoever.3. The compulsory heir omitted should survive the
testator.
Preterition must not be confused with disinheritance. The latter
refers to the deprivation of a compulsory heir of his legitime for
causes expressly stated by law. The deprivation in preterition is
tacit or implied, while in disinheritance, it is EXPRESS.EX.) X
died leaving a will wherein he instituted as his heirs his three
daughters, A,B and C without designating their shares. His widow, W
is omitted without being disinherited. In the will, X also
bequeathed a legacy of P20,000 to A. The net value of his estate is
P240,000. How shall such estate be distributed?
ANSWER: It must be observed that the omission of W in Xs will
DOES NOT CONSTITUTE PRETERITION within the meaning of ART. 854.
This is because SHE IS NOT A COMPULSORY HEIR IN THE DIRECT LINE.
Therefore, the only effect of her omission is a partial annulment
of the institution of heirs to the extent that her LEGITIME IS
PREJUDICED. In other words, SHE IS STILL ENTITLED TO HER
LEGITIME.Thus, the legitime of A,B and C is of the entire estate of
P240,000 or P120,000 or 40,000 each, while the legitime of W is the
same as that of each of the legitimate children or 40,000 also.The
disposable FREE PORTION is P80,000.The legacy of P20,000 given to A
is NOT INOFFICIOUS, therefore leaving a balance of P60,000.This
balance shall then be equally divided among A,B and C in accordance
with the testators will.A --- 40,000 (compulsory
heir)+20,000(voluntary heir)+20,000(legacy)B---- 40,000
(compulsory) + 20,000 (voluntary)C ---- 40,000 + 20,000W---- 40,000
as COMPULSORY HEIR
An adopted child is also considered as a COMPULSORY HEIR IN THE
DIRECT LINEART. 906 Any compulsory heir to whom the testator has
left by any title LESS THAN THE LEGITIME belonging to him, MAY
DEMAND THAT THE SAME MAY BE FULLY SATISFIED.Ex. 2) A has two
compulsory heirs in the direct line B a legitimate child, and C, an
acknowledged natural child. During his lifetime, A donated a parcel
of land worth P10,000 to C. Before his death, he executed a will
wherein he instituted AS SOLE HEIR B, omitting C altogether. The
net residue or remainder of his estate is P50,000. Shall the
omission of C in the will result in the annulment of the
institution of B in accordance with the provisions of Art. 854?
ANSWER. There is NO PRETERITION within the meaning of ART. 854
of Civil Code. It is true that there is TOTAL OMISSION of the C,
and apparently, the rule on preterition should be applied. But
then, we must consider the fact that a DONATION INTERVIVOS is
actually given to a COMPULSORY HEIR AS AN ADVANCE ON HIS
INHERITANCE. There is NO OMISSION IN THIS CASE which is complete
and total in character. But he can ask for the completion of his
legitime.Therefore, after collating the P10,000 donation INTER
VIVOS given to C to the net value of A, it is clear that the
legitime of B is P30,000, while the legitime of C is P15,000 (Art.
888,895). Consequently, C can still demand for an additional P5000
in order to complete his legitime.The balance of the estate shall
be given to B.SURVIVAL OF OMITTED HEIR What will happen if the
OMITTED compulsory heir DIES BEFORE THE TESTATOR? The institution
shall be EFFECTUAL, but without prejudice to the right of
representation. Thus, when there is a surviving representative of
the deceased, the effect is that such child shall SUCCEED TO THE
LEGITIME, which wiuld have gone to the heir omitted. EFFECT OF
PRETERITION it shall have the effect of ANULLING THE INSTITUTION of
heir, BUT THE DEVISES AND LEGACIES shall be VALID insofar as they
are NOT INOFFICIOUS.The effect of Preterition as contemplated in
Art. 854 WOULD BE TOTAL INTESTACY.
ART. 855 The share of a child or descendant omitted in a will
must first be taken from the part of the estate NOT DISPOSED OF BY
WILL, if any; IF THAT IS NOT SUFFICIENT, so much as may be
necessary must be taken proportionally from the shares of the other
compulsory heirs.
ART. 918 IMPERFECT OR DEFECTIVE DISINHERITANCE1. When it does
not specify the cause2. When it specifies the cause, the truth of
which, if contradicted, is not proved3. When it specifies a cause,
which is not one of those set forth in the code. Also, then the
disinheritance is NOT TOTAL or conditionalIMPERFECT DISINHERITANCE
VS PRETERITION1. In imperfect disinheritance, the person
disinherited may be any COMPULSORY HEIR, while in preterition, the
person omitted must be A COMPULSORY HEIR IN THE DIRECT LINE. 2. In
the first, the attempt to deprive the heir of his legitime is
ALWAYS EXPRESS, while in the second, it is always IMPLIIED.3. In
the first, deprivation is always INTENTIONAL, in the second it may
be INTENTIONAL OR UNINTENTIONAL.4. In the first, the effect is
PARTIAL ANNULMENT of the institution of HEIRS. While in the second,
the effect is TOTAL ANNULMENT.EFFECT OF IMPERFECT DISINHERITANCEThe
imperfect disinheritance of a compulsory heir shall result in the
annulment of the institution of heirs insofar as it may prejudice
the person disinherited, but the devises and legacies and other
testamentary dispositions shall be valid to such extent as will not
impair the legitime.EX.) A dies leaving a will containing three
testamentary clauses. In the first clause, he instituted his two
legitimate children, B and C, as his universal heirs., in the
second clause he disinherited his legitimate child, D, without
specifying the cause; and in the 3rd clause, he left a legacy of
P10,000 to a third person E. the net remainder of his estate is
P60,000. How shall such estate be distributed?ANSWER: In the 1st
place, since the only compulsory heir surviving the testator are
three legitimate children, B, C and D, therefore, of the net
remainder of the estate, or 30,000 is reserved as their legitime,
while the other half, or 30,000 is free or disposable.In the 2nd
place, the disinheritance of D is imperfect because there is no
specification of the caise, consequently, it shall result in the
partial annulment of the institution of B and C as heirs in so far
Ds legitime of P10,000 is prejudiced.In the 3rd place, the legacy
of P10,000 to E is not inofficious since it can easily be contained
within the free portion of P30,000; hence it does not impair the
legitime of the three compulsory heirs which is also P30,000. B =
10,000 as compulsory + 10,000 as voluntaryC = 10,000 as compulsory
+ 10,000 as voluntaryD = 10,000 as compulsory heirE = 10,000 as
legatee
RESERVA TRONCAL ART. 891 The ascendant who inherits from his
descendant any property which the latter may have acquired by
gratuitous title from another ascendant, or a brother or sister, is
obliged to reserve such property as he may have acquired by
operation of law for the benefit of relatives who are within the
3rd degree and who belong to the line from which said property
came.Purpose: To prevent persons who are strangers to the family
from acquiring, some by accident, property which would otherwise
have remained with said family.REQUISITES: (MUST CONCUR)1. The
property should have been acquired by operation of law by an
ascendant from his descendat upon the death of the latter2. The
property should have been previously acquired by gratuitous title
by the descendant from another ascendant or from a brtother or
sister.3. The descendant should have died without any legitimate
issue in the direct descending line who could inherit from him
ILLUSTRATION ON PAGE 249 Reserva Troncal is possible only in the
LEGITIMATE FAMILY
Origin of Property the law requires that the person from whom
the DESCENDANT-PROPOSITUS acquired property should be an ascendant,
brother or sister.Descendant-Propositus it is from whom the
property is directly acquired by the ascendant-reservista.
Acquisition by gratuitous title.Ascendant-Reservista is obliged to
reserve the property ffor the benefit of relatives of the
descendant propositus who are within the 3rd degree and who belong
to the line from which said property came.Reservatorios or
relatives of the descendant-propositus for whose benefit the
reservation is established. The relatives must be legitimate
relatives of the propositus within 3rd degree They must belong to
the line from which the reservable property came They must survive
the ascendant-reservista. SEE EXAMPLES P265-273PROPERTY SUBJECT TO
RESERVATION the same property which the ascendant-reservista had
acquired by gratuitous title during his lifetime from another
ascendant, brother or sister.RIGHTS OF RESERVISTA- He can alienate
or encumber the property if he so desires, but he will only
alienate or encumber what he had and nothing more because no one
can what does not belong to him. When reservatario acquires right?
His hope and expectancy over the reservable property is finally
converted into a perfected right upon the concurrence of 2
things:1. Death of the reservista2. SurvivalEXTINCTION OF RESERVA
CAUSES:1. Death of the ascendant-reservista2. Death of all
relatives of the descendant-propositus within the 3rd degree who
belong to the line from which the property came.3. Loss of the
reservable property for causes not due to the fault or negligence
of the reservista4. Waiver or renunciation by the reservatarios5.
Prescription of the right of the reservatarios, when the ascendant
reservista holds the property adversely against them in the concept
off absolute owner.DISINHERITANCE ART. 915 A compulsory heir may,
in consequence of disinheritance, be dprived of his legitime, for
causes expressly stated by law.ART. 916 Disinheritance can be
effected only through A WILL, wherein the legal cause therefore
shall be specified.ART. 917 The burden of proving the truth of the
cause for disinheritance shall rest upon the other heirs of the
testator, of the disinherited heir should deny it. REQUISITES FOR
DISINHERITANCE:1. The disinheritance must be for a cause expressly
stated by law2. The disinheritance must be effected only through a
valid will3. The legal cause for the disinheritance must be
specified in the will itself4. The cause for the disinheritance
must be certain and true NOT VALID: If ever my wife commits
adultery, she shall not be entitled to any of my properties5. The
disinheritance must be total6. The disinheritance must be
UNCONDITIONAL.GROUNDS FOR DISINHERITANCE OF CHILDREN AND
DESCENDANTS, LEGITIMATE AND ILLEGITIMATEART. 919 1. when a child or
descendant has been found guilty of an attempt against the life of
the testator, his or her spouse, descendants or ascendants2. When a
child or descendant has accused the testator of a crime for which
the law prescribes imprisonment for 6yrs or more, if the accusation
has been found groundless3. When a child or descendant has been
convicted of adultery or concubinage with the spouse of the
testator;4. When a child or descendant by fraud, violence,
intimidation or undue influence causes the testator to make a will
or to change one already made5. A refusal without justifiable cause
to support the parent or ascendant who disinherits such child or
descendant6. Maltreatment of the testator by word or deed, by the
child or descendant7. When a child or descendant leads a
dishonorable and disgraceful life8. Conviction of a crime which
carries with it the penalty of civil interdiction.
ART. 920 GROUNDS FOR THE DISINHERITANCE OF PARENTS OR
ASCENDANTS, WHETHER LEGITIMATE OR ILLEGITIMATE1. When the parents
have abandoned their children or induced their daughters to live a
corrupt or immoral life, or attempted against their virtue2. When
the parent or ascendants have been convicted of an attempt against
the life of the testator, his or her spouse, descendants or
ascendants3. When the parent or ascendant has accused the testator
of a crime which the law prescribes 6yrs imprisonment or more, if
the accusation is found to be false4. When the parent or ascendant
has been convicted of adultery or concubinage with the spouse of
the testator5. When the ascendant or parent by fraud, intimidation,
etc causes the testator to make a will or to change one already
made.6. The loss of parental authority 7. The refusal to support
children without justifiable causes8. An attempt by one of the
parents against the life pf the other, unless there has been a
reconciliation between them.ART. 921 GROUNDS FOR DISINHERTING A
SPOUSE1. When the spouse has been convicted of an attempt against
the life of the testator, descendants, ascendants2. When the spouse
has accused the testator of a crime for which the law prescribes
imprisonment for 6yrs 3. When the spouse by fraud, intimidation,
etc causes the testator to make a will or to change one already
made.4. When the spouse has given a cause for legal separation5.
When the spouse has given grounds for the loss of parental
authority6. Unjustifiable refusal to support the children or the
other spouse.ART. 922 A subsequent RECONCILIATION BETWEEN THE
OFFENDER AND THE OFFENDED person deprives the latter of the right
to inherit, and renders ineffectual any disinheritance that may
have been made.ART. 923 The children and descendants of the person
disinherited shall take his or her place and shall preserve the
rights of compulsory heirs with respect to the legitime; but the
disinherited parent shall not have the usufruct or administration
of the property which constitutes the legitime.EFFECT OF
DIEINHERITANCE the deprivation of the compulsory heir who is
disinherited of any participation in the inheritance, including his
legitime.However, if the compulsory heir has children or
descendants of his own, such children or descendants shall take his
placeand shall preserve his right with respect to his legitime,
although the disinherited parents shall not have the usufruct or
administration of the property. Representation can take place only
in the DIRECT DESCENDING LINE, BUT NEVER IN ASCENDING
LEGACIES AND DEVISES Legatee- a person to whom a gift of
personal property is given by virtue of a willDEVISEE a person to
who a gift of real property is given by virtue of a will
ART. 924 All things and rights which ARE WITHIN THE COMMERCE OF
MAN MAY BE BEQUEATHED OR DEVISEDART. 925 A testator may charge with
leagcies and devises not only his compulsory heirs, but also the
legatees and devisees.The latte shall be liable for the charge only
to the extent of the value of the legacy or the devise received by
the. The compulsory heirs shall not be liable for the charge beyond
the amount of the portion given to tehm
ART. 926 When the testator charges one of the heirs with a
legacy or devise, HE ALONE SHALL BE BOUND.Should he not charge
anyone inparticular, all shall be liable in the same proportion in
which they may inherit.PERSONS CHARGED WITH LEGACIES AND DEVISES1.
ANY COMPUSORY HEIR2. Any voluntary heir3. Any legatee or devisee4.
The estate, represented by executor or administratorLIABILITY WHEN
NO ONE IS CHARGED all shall be liable in the same proportion which
they may inheritART. 927 If two or more heirs take possession of
the estate, they shall be SOLIDARILY LIABLE for the loss or
destruction of the thing devised or bequeathed, although only one
of them should have been negligentART. 928 The heir who is bound to
deliver the legacy ir devise shall be liable in case of
evictionLEGACY OF THINGS BELONGING PARTLTY TO STRANGERS The
presumption is that the testator desires to bequeat or devise inly
that which belongs to him Hence, if he bequeaths or devise a thing
which belongs partly to him and partly to a 3rd person, the legacy
or devise shall be understood limited only to the part or interest
belonging to him. EXCEPT: IF THE testator expressly bequeaths the
property IN ITS ENTIRETYREAD ART. 930 ART 959 pages 348- 374
ART. 950 If the estate should not be sufficient to cover all the
legacies or devisees, their payment should be made in the following
order:1. Remunetory legacies or devisees2. Legacies or devisees
declared by the testator to be preferential3. Legacies for
support4. Legacies for education5. Legacies or devises of a
specific, determinate thing which forms a part of the estate6. All
others pro-rata.LEGAL OR INTESTATE SUCCESSION ART. 9601. If a
person dies without a will, or with a void will, or one which has
subsequently lost its validity2. When the will does not institute
an heir to, or dispose of all the property belonging to the
testator. In such case, legal succession shall take place only with
respect to the property of which the testator has not disposed3. If
the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or If the heir dies before the
testator, or repudiates the inheritance, there being no
substitution, and no right of accretion takes place.4. When the
heir instituted is incapable of succeeding, except in cases
provided in this code.Other causes of intestacy:1. When there is
preterition in the testators will of one or some or all of the
compulsory heirs in the direct line2. When a testamentary
disposition is subject to a resolutory condition and such condition
is fulfilled3. When the testamentary disposition is subject to a
term or period and such term or period expires4. When a
testamentary disposition is impossible of compliance.ART. 961 ORDER
OF INTESTATE SUCCESSION prescribed by law, hence not affected by
any agreement of parties.1. Legitimate relatives2. Illegitimate
relatives3. Surviving spouse4. The State
RULE OF PREFERENCE BETWEEN LINES those in the direct descending
line shall exclude in the succession those in the direct ascending
lines and collateral lines. And those in the direct ascending line
shall in turn exclude those in the collateral line.ART. 962 The
nearest excludes the more remote, saving the right of
representation (RULE OF PROXIMITY)Relatives in the same degree
shall inherit IN EQUAL SHARES.
EX. As a general rule, a grandson is excluded by a son, except
for representation.If the decedent is survived by his son A, and by
his grandchildren C and D, children of the deceased, or
incapacitetd or disinherited child B under the law, C AND D ARE NOT
EXCLUDED BY A in the succession in spite of proximity, because by
right of representation, they are raised to the place and degree of
their deceased father.EX. As a general rule, nephews and nieces are
excluded by a brother, but such exclusion is NULLIFIED BY
REPRESENTATION.If the decedent is survived by his brother, X, and
his nephews, A and B, children of the deceased brother, Y, such
nephews shall still participate in the succession by right of
representation.RULE OF EQUAL DIVISION- relatives of same degree
shall inherit in equal sharesExceptions: 1. When the inheritance is
divided between the paternal and maternal grandparents2. When the
inheritance is divided between the brothers and sisters, whether
half or full blood3. In certain cases where right of representation
takes place
EFFECT OF INCAPACITY OR REPUDIATIONART. 968, in case of
incapacity, the share or shares which are rendered vacant SHALL
PASS TO THE CO-HEIRS OF THE INCAPACITATED HEIR by RIGHT OF
ACCRETION. This rule IS NOT ABSOLUTE. If the incapacitated heir
happens to be a child or descendant of the decedent and he has
children or descendants of his own, then the vacant share SHALL
PASS TO SUCH CHILDREN BY RIGHT OF REPRESENTATION. (The right of
representation is superior that the right of accretion)
IN CASE OF REPUDIATION by one or some of the relatives, the
share which are rendered vacant SHALL PASS TO THE CO-HEIRS OR THE
RENOUNCER BY RIGHT OF ACCRETION.This rule is ABSOLUTE. This is so
because an heir who repudiates his inheritance MAY NOT BE
REPRESENTED.
REPRESENTATION ART. 970 a right created by fiction of law, by
virtue of which the representative is raised to the place and
degree of the person represented, and acquires the rights which the
latter would have if he were living or if he could have
inherited.ART. 971 The representative is called to succession by
the law and not by the person represented. In every inheritance,
the relative nearest in degree exclude the most remote ones (Rule
of Proximity) EXCEPTION: RIGHT OF REPRESENTATIONCHARACTERISTICS OF
REPRESENTATION:1. It is a right of subrogation2. It constitutes an
exception to the Rule on Proximity3. The representative is called
to the succession by law, not by person represented4. The
representative succeeds the decedent and not the person
represented5. It can only take place when there is vacancy in
inheritance, either by PREDECEASE, INCAPACITY, AND DISINHERITANCE6.
As a general rule, the right can be exercised only BY GRANDCHILDREN
OR DESCENDANTS OF THE DECEDENT.
The representative must be capable of succeeding the decedent
Even if the representative is incapable of succeeding being
represented, he can still inherit so long as he is capable of
succeeding the decedent Even if the representative had repudiated
his inheritance from the person repudiated, he can still inherit
from the decedent by way of representation. In testamentary
succession, THE PERSON REPRESENTED MUST BE A COMPULSORY HEIR OF THE
TESTATOR IN THE DIRECT DESCENDING LINE.ART. 972 The right of
representation takes place IN THE DIRECT DESCENDING LINE, BUT NEVER
IN THE ASCENDING.In the collateral line, it takes place only in
favor of the children of brothers or sisters, whether they be of
the full or half blood.ART. 974 EFFECT UPON DIVISION OF ESTATE THE
division of the estate shall be made PER STIRPES, in such manner
that the representative SHALL NOT INHERIT MORE THAN WHAT THE PERSON
THEY REPRESENT WOULD INHERIT.
ORDER OD INTESTATE SUCCESSION (DECEDENT IS A LEGITIMATE
PERSON)1. Legitimate children or descendants2. Legitimate parents
or ascendants3. Illegitimate children or descendants4. Surviving
Spouse5. Brothers and sisters, nephews and nieces6. Other
collateral relatives within the 5th degree7. The stateORDER OF
SUCCESSION (DECEDENT IS ILLEGITIMATE)8. Legitimate children or
descendants9. Illegitimate children or descendants10. iLLegitimate
parents or ascendants11. Surviving Spouse12. Brothers and sisters,
nephews and nieces13. The state
ART. 983 If illegitimate children survive with legitimate
children, the shares of the former shall be in the proportions
prescribed in Art. 895 or 10:5. In other words, the share of an
acknowledged natural child by legal fiction or an acknowleged
illegitimate child who is not natural is OF that of the legitimate
child.ART. 988 in the absence of legitimate descendants or
ascendants, THE ILLEGITIMATE CHILDREN SHALL SUCCEED TO THE ENTIRE
ESTATE OF THE DECEASED.ART.989 If together with the illegitimate
children, there should survive descendants of another illegitimate
child, THE FORMER SHALL SUCCEED IN THEIR OWN RIGHT AND THE LATTER
BY RIGHTOF SUCCESSION.ART. 990 The hereditary rights granted by the
two preceding articles to illegitimate children SHALL BE
TRANSMITTED UPON THEIR DEATH TO THEIR DESCENDANTS, WHO SHALL
INHERIT BY RIGHT OF REPRESENTATION FROM THEIR DECEASED
GRANDPARENT.ART. 992 An illegitimate child has NO RIGHT TO INHERIT
AB INTESTATO from the the legitimate childrena and relatives of his
father or mother; nor shall such children or relatives inherit in
the same manner from the illegitimate child. PRINCIPLE OF ABSOLUTE
SEPARATION BETWEEN LEGITIMATE AND ILLEGITIMATE FAMILY The natural
children cannot represent their natural father or mother with
regard to the inheritance coming from the legitimate ascendants of
the latter.EX.) A died intestate survived by the following:1. B,
legitimate child of a deceased legitimate son 2. C. illegitimate
child of a deceased legitimate daughter3. D, legitimate child of a
deceased illegitimate son4. E, illegitimate child of a deceased
illegitmate daughterAnswer: B, D, E can inherit from A by right of
representation, But C cannot. C is excluded from the succession
because under Art. 992 of CC, an llegitimate child cannot inherit
AB INTESTATO from the legitimate relatives of his natural
parents.