- Statute
- Civil Code
- Article
- Art. 960
- Topic
- Legal or Intestate Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 3 Legal or Intestate Succession
- Formerly
- Art. 912a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) 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 disposed; (3) 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. (912a)
Intellegal Wiki · In plain terms
Intestate (legal) succession—where the law rather than a will decides who inherits—applies when: a person dies with no valid will or one that later lost effect; a will fails to name an heir or leaves some property undisposed; or an heir cannot take because a condition failed, he died before the testator, repudiated the inheritance, or was incapable, with no substitution or accretion. Then the law governs the affected property.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Bella A. Guerrero v. Resurreccion A. Bihis G.R. No. 174144