Thus, as to will inherit from the estate of the decedent is now governed by the law and no longer in accordance with the will. As a result, the omission of Francisco in the will annulled the institution of the heirs. The Court of Appeals ruled that indeed Francisco was not named in the will. The Supreme Court affirmed the decision of the Court of Appeals. The wife and children of the decedent opposed the petition because Francisco was excluded from the will.Īre the wife and the children of the decedent correct? The petition is for the allowance of the will.
#THE HEIRS TRIAL#
Also, the decedent has named and instituted Iris, his wife and four of his children except Francisco, to succeed him in his entire estate.įor the reason that the decedent has executed a will, Iris filed a petition with the Regional Trial Court. Iris Morales (Iris) as the person who will make sure that the terms of his will shall be executed accordingly. Francisco Javier is an illegitimate son of the decedent.Īccordingly, the decedent has executed a will. He is also survived by his children: Alfonso Jr., Alejandro, Isabel, Angelo, and Francisco Javier. He is survived by his widow named Ana Maria. Ana Maria Olondriz, Alfonso Juan Olondriz, Jr., Alejandro Moreno Olondreiz, Isabel Rosa Olondriz and Francisco Javier Maria Olondriz, G.R. In effect, the entire inheritance shall now be disposed of following the provisions of the law and NOT in accordance with the terms of the will.įor example is the case of Iris Morales vs. Please take note that the omission or exclusion of the compulsory heir must be total – that is, said compulsory has not receive any advances during the lifetime of the decedent. The omission or exclusion of some or all of the compulsory heirs invalidates the institution of the other heirs in the will. The will that has instituted heirs but omitted or excluded some or all of the compulsory heirs shall be considered annulled. It is a case where a compulsory heir is not named, or although he is named, he is neither instituted as an heir nor assigned a part of the property or of the estate. Preterition consists in the omission or exclusion of a compulsory heir from the will. Such act by the testator gives rise to a case of Preterition. What if the testator persisted and excluded a compulsory heir? In executing a will, the testator CANNOT omit or exclude a compulsory heir in the disposition of his properties or transmissible rights and obligations, or both. In other words, these compulsory heirs cannot be deprived of their right to succeed the properties or transmissible rights and obligations, or both, of the decedent. Should he intentionally or negligently do so, the same has no legal effect as the ownership over the thing intended to be transferred will not pass. A person, during his lifetime, cannot dispose in any manner his properties or transmissible rights and obligations, or both, which are reserved by law for his compulsory heirs. It is important to note that with or without a will having executed by a decedent, his compulsory heirs are entitled to the receive some or all of his properties or transmissible rights and obligations, or both. When a person has died, the order of priority as to who is entitled to succeed his properties or transmissible rights and obligations, or both, depends on the circumstances. The term decedent refers to a person who has died and left some properties or transmissible rights and obligations, or both. Generally, compulsory heirs are the spouse, child (or children), and parents of the decedent.
![the heirs the heirs](https://media.suara.com/pictures/970x544/2021/08/03/65930-sinopsis-the-heirs-soompi.jpg)