- Statute
- Civil Code
- Article
- Art. 851
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
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 rule applies if the testator has instituted several heirs, each being limited to an aliquot part, and all the parts do not cover the whole inheritance. (n)
Intellegal Wiki · In plain terms
When a testator names just one heir but limits that heir to only a fraction (an aliquot part) of the estate, the leftover portion passes by legal (intestate) succession. The same happens when several heirs are each given only a fraction and those fractions together do not cover the whole estate.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Administration of the Estate of Agripino Neri y Chavez. Eleuterio Neri v. Ignacia Akutin G.R. No. 47799