Cardinal principles of testamentary and intestate succession:

1. Rule on exclusion (Nearer excludes the farther), without prejudice to the right of
representation.
2. There is a right of representation in the descending line but no right of representation
in the ascending line
3. In the collateral line, the right of representation extends only to the children of the
brothers and sisters of the decedent, whether be of full blood or half blood.
4. Grandchildren of brothers and sisters of the decedent cannot represent
5. The right of representation in the collateral line is true only in intestate succession and
never in the testamentary succession.
- Reason: is there is no right of representation when a voluntary heir predeceases,
incapacitated, or repudiates inheritance.
6. Even if there is an order of intestate succession, the compulsory heirs are never
excluded (principle of exclusion applies to brothers and sisters but not to compulsory
heir)
- If a person is excluded, only he is disqualified to inherit and not his own
descendants or other heirs
7. Intestate shares of an heir are either equal to or greater than the legitime.
- Deduct the legacy, if any, to a share that is greater than his legitime but only if after
deduction, the balance of his share will not be less than his legitime
8. Grandchildren will always inherit by right of representation, when representation is
proper (predecease, incapacity, effective disinheritance)
9. When all the children repudiate, the grandchildren inherit in their own right and not by
right of representation. Reason ~ repudiating cannot be represented
10. Nephews and nieces inherit either in their own right or by right of representation in the
ff cases:
1. When nephew and nieces (of the brothers and sisters) inherit alone, they inherit in
their own right;
2. When the nephews and nieces inherit with their uncles and aunts, they inherit by
right of representation, if representation is proper
11. Illegitimate of legitimate child cannot represent the latter in the estate of the latter's
father because of the barrier but the legitimate and illegitimate of an illegitimate child
can inherit
12. There is a barrier between legitimate and illegitimate family
13. A renouncer can represent but cannot be represented
14. A person who cannot represent a near relative such as a father who has renounced
cannot also represent a relative further in degree.
15. A person can represent an heir immediately higher in degree but not farther in degree
16. The representative is called to succession by law and not by the person represented
17. Representative does not succeed the person represented but the one whom the
person represented would have succeeded
18. Remuneratory, preferred, support, education specific and all others. (RPSESA)
19. In interstate succession, the right of representation when proper covers all the shares
of the person represented
20. In testamentary succession, the right of representation covers only the legitime but not
in the free portion.
21. In testamentary succession, there is no right of accretion as to the legitime but there is
right of accretion as to the free portion.
- There is no right of representation as to the free portion, but there is right of
representation as to the legitime.
- Two cases where a living person may be represented
1. Incapacity (Art 1035)
2. Disinheritance (Art 923)
22. Any renunciation of compromise as regards future legitime between the person owing
it and his compulsory heir is void.
23. Direct line is preferred over collateral line rule on preference of line
24. Intestacy takes place only when accretion is not possible. ISRAI
25. The heirs of a disinherited heir can represent the disinherited heir but only in so far as
his legitime is concerned.
26. A decedent’s aunt may not succeed ab intestato so long as nephews and nieces of
the decedent survive, and are willing and qualified to succeed.
- The reason is simple: although the aunt and the nephews (or nieces) are both
relatives of the third degree, still the latter are preferred over the former in the
order of intestate succession.