Civil Law Class Notes.docx

5 Instances when a will or testamentary disposition may be revoked by implication of law: 1. When there is decree of legal separation. In such a case, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoke by operation of law. (Art. 63); 2. When there is preterition. Preterition annul the institution of heirs. (Art. 854); 3. When in the testator’s will there is a legacy of a credit against a third person or of the remission of a debt of the legatee, and subsequently, after the execution of the will, the testator brings action against the debtor for payment of his debt. In such case, the legacy is revoked. (Arts. 935,936); 4. When the testator transforms the thing bequeathed in such a manner that it does not retain either the form or denomination it had, or when he alienates by any title or for any cause the thing bequeathed or any part thereof, or when the thing bequeathed is totally lost during the testator’s lifetime or after his death without the heir’s fault. In such cases, the legacy is revoked. (Art. 957); 5. When the heir, devisee or legatee commits any of the acts of unworthiness which by express provision of law will incapacitate a person to succeed. (Art. 1032) COMPULSARY HEIRS OF TESTATOR IF HE IS: Legitimate Illigitimate Legitimate children and descendants In default of no.1, LEGITIMATE In default of no.1, whether parents LEGITIMATE OR ILLEGITIMATE, natural parents Surviving Spouse Illegitimate Children

ORDER OF INTESTATE SUCCESSION IF THE DECEDENT IS: LEGITIMATE IILEGITIMATE 1. Legitimate Children or descendants 1. Legitimate Children or descendants 2. Legitimate parents or ascendants 2. Illegitimate Children or descendants 3. Illegitimate Children or descendants 3. Parents by nature 4. SS subject to the concurrent right of 4. SS subject to the concurrent right of brothers & sisters, nephews & nieces brothers & sisters, nephews & nieces 5. Brothers & sisters, nephews & 5. Brothers & sisters, nephews & nieces nieces 6. Other collateral relatives 6. The State 7. The State