What are the kinds of Inheritance under the Philippine Law?
A – The kinds of inheritance under the Philippine Law are the following: a.) Testamentary Succession – when the decedent died with a valid will which must be duly probated because a will cannot transfer ownership or pass property unless it has been duly probated or allowed by the court (Art. 838, Civil Code). Aside from the presence of a valid will, it is essential that there are qualified heirs who will inherit. Otherwise, even if there is a will if the designated heirs are not qualified, intestacy will govern. In testamentary succession, we respect the wishes of the decedent insofar as the free portion of the estate is concerned. As regards the legitime, it is the law and not the will of the decedent that governs. b.) Intestate Succession – the estate of the decedent is divided in accordance with the provisions of the law. That is why we call it legal succession. The law operates by presuming the will of the decedent. The decedent’s will is just presumed because in intestate successi
