833. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. A legacy for education lasts until the legatee is of age, or beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course diligently. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. (n), Art. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid. (756, 854, 674a). (638a), Art. 974. Every will must be acknowledged before a notary public by the testator and the witnesses. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. Art. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. 1056. 789. Incapacity to succeed by will shall be applicable to donations inter vivos. (836a), Art. A married woman may make a will without the consent of her husband, and without the authority of the court. 1064. Entrusting Agent with Deposit. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. 888. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. Act Mar. (1969), Art. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required. (746a). Art. (890a), Art. (n), Art. (920a), Art. 1154. 894. (n), Art. In default of the father and mother, the ascendants nearest in degree shall inherit. Any reversion stipulated by the donor in favor of a third person in violation of what is provided in the preceding paragraph shall be void, but shall not nullify the donation. (n), Art. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise. L. 115–97, set out as a note under section 11 of this title. L. 99–514, § 1024(c)(8), substituted “section 831” for “section 821” in pars. 806. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. Art. 818. 768. (926a), Art. A mere charge on the estate of the testator for the payment of debts due at the time of the testator's death does not prevent his creditors from being competent witnesses to his will. (n), Art. 979. A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. 762. If the interest of each co-heir should be the same, the oldest shall have the title. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. 842. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. 1986—Pub. Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an heir has not been assumed. 1039. (867a). (762a), Art. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. 907. 892. Art. Such will may be probated in the Philippines. The preceding paragraph shall not be applicable to donations made to the husband and wife jointly, between whom there shall be a right of accretion, if the contrary has not been provided by the donor. 932. 736. 854. (n), Art. 1085. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. The old possession is not revived if a new possession should be exercised by the same adverse claimant. In the probate of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. (n), Art. 740. The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated. Art. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. “(1) The term ‘taxable investment income’ means the gross investment income, minus the deductions provided in subsection (c). (626a), Art. Art. 874. (774), Art. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. (813a), Art. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated. 834.005. L. 87–834 applicable with respect to taxable years beginning after Dec. 31, 1962, see section 8(h) of Pub. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it. 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. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases: (1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. 875. That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if he or they should disregard this obligation. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. 777. In no case shall the donee be responsible for the debts exceeding the value of the property donated, unless a contrary intention clearly appears. Subsec. Act Mar. 1976—Subsec. 13, 1956, set out as a note set out under section 316 of this title. (630), Art. (n), Art. L. 115–97 struck out “sec. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. Subsec. After the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated. Art. § 835 (a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements: ... 834 835. 1038. 899. Should any question arise among the co-heirs upon the obligation to bring to collation or as to the things which are subject to collation, the distribution of the estate shall not be interrupted for this reason, provided adequate security is given. 797. (646a). Previous; 829; 830; 831; 832; 833; 834; 835; Next; Last modified: October 25, 2018 Art. (652). Art. 863. (n). In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and, (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. (n), Art. (n). 980. 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