Merrynel Jane P.

Quipanes
Succession JD 3-3

1. I will advise Alden that his compulsory heirs are the following; his legitimate
children, his spouse and his illegitimate children. His parents will only have
preference being a compulsory heir in default of his children which in case
cannot be possible because there are children left. His brother and sister are
not compulsory heir.
Art 888 of NCC entitles half of his state to his legitimate children; each
of them will have an equal portion of such part. Since the net value of Aldens
state is 12 million, then 6 million will go to them in equal parts. Thus, Arnell,
Bong and Candy will have 2 million each as their legitime.
His wife also as a compulsory heir will have the same share equal to
the share of a legitimate child. Thus, Maine will also get 2 million as reflected
in Art 892 of NCC.
His illegitimate son Jose will get half of the share of a legitimate child.
Therefore, he will get only 1 million as his share in the legitime.
However, since Alden want that his illegitimate child Jose, will get more
than his legitimate child and spouse, he can make provisions in the will
making Jose an heir to the free portion of the state. In this case, the total
amount of the whole legitime is 9 million; therefore there is still 3 million
worth of free disposable state. He may give the remaining 3 million to Jose
that that he may get more than his other heirs.
In assumption that Alden will not make any other provisions in favor of
any person in the free portion of his state other than Jose, the latter then will
get 4 million as an inheritance. 1 million from his share as a compulsory heir,
and another 3 million from the free portion of the state of his father.
2. The compulsory heirs of Allan are; his wife Wanda; his children, Andy and
Bert; and his granddaughter Danica in representation of his father Edgar. ( Art
981 )
His granddaughter Candy cannot inherit in the legitime because
granddaughters are not compulsory heir and unlike Danica, she has no one to
represent because his father Bert is still alive. Also, Ivan does not have a
share in the legitime he cannot also represent her mother Gina who
repudiated her legitime because there is no representation in a repudiation.
(Art 856)
Allans state then would be divided in the following parts; one half or
the 60 million will go to his children excluding Gina because she repudiated

her rights. Therefore, Andy, Albert and Danica in representation of his father
Edgar will receive 20 million each.
His wife, Wanda will get the same share equal to a legitimate child.
Thus she will also get 20 million.
The total amount of the legitime then is 80 million; therefore there is still
remaining 40 million as free disposable portion of the state. Her mother then, by
virtue of the legacy given to her will receive the 10 million. The remaining 30 million
will be the inheritance of Ivan being named as the voluntary heir. Voluntary heir is
an heir to the free portion of the state, being named by his grandfather as the sole
voluntary heir; the whole 30 million representing the remaining free portion will go
to him.
3. In order for the whole estate of Edgar to be complete, the provision of his will
must contain an heir, legacy and devisee (Art 782 ) to the free portion of his state
which is 300 thousand.
Since his whole state is 1.2 million, half of which will go to his legitimate
children; Andy, Bert, Candy and Digna (represented by his 2 children Dianna and
Eddie). Thus, Andy, Bert, and Candy will have 150 thousand each. The share of
Digna is also 150 thousand and that will go to Dianna and Eddie, both will have 75
thousand each.
His spouse Wilma will get the same share of his legitimate children, thus she
will get 150 thousand also.
His two illegitimate children will get of the share of a legitimate child, thus
each of Freddie and George will get 75 thousand.
The legitime then is 900 thousand, leaving free disposable portion worth of
300 thousand. In order that the whole state is consumed, Eddie should also provide
provision in his will disposing the remaining 300 thousand either by legacy, devisee
or any provision disposing such in favor of another person who has the capacity to
succeed.
4. The state of Tommy will be distributed as to the following; 120,000 will go to his
legitimate children. Thus each will receive, 60 thousand. Wanda his wife will get
also 60 thousand as her legitime plus the remaining free portion of the state which
is 60 thousand being instituted as a voluntary heir. Wanda will get a total of 120
thousand.
Since Bert died ahead, his legitimate children Candy and Diana will get the 60
thousand share of their father. Being the legitimate children they have the right to
representation in their fathers legitime. Out of which they may divide it to
themselves, and each of them will get 30 thousand. Egay, the illegitimate child

cannot get anything from the estate since he cannot represent his father due to the
bar of the legitimate family to the estate of Tommy. (Art 922)
5. According to art 903 of the NCC, whenever and illegitimate child dies leaving his
parents and spouse, such parents are entitled to of the estate and spouse shall
also get . Thus, in this case the parents of Sandy are entitled to the 300 thousand
and his wife is also entitled to the other 300 thousand. The state then leaves a free
portion which is (600 thousand) of the hereditary state. This makes the donation
of Sandy to a charitable institution taking care of illegitimate children possible.
Thus, he can donate the half of her estate without impairing the legitime of the
compulsory heirs.