Hello sir Raz. Sir question, is there possibility that the testator will give a higher amount of property or property rights to his best friend than the primary compulsory heirs?
Sir. Good evening. Thank you for this video. Sir question, (i) is their any instances that the decedent opt not to transfer his estate to the primary or secondary heirs? (ii) successors have the right but are not compelled to receive, is the decedent also not compelled to transfer estate to his primary and secondary heir? (iii) is it possible that the decedent may directly transfer his legitime to the government? Thank you for sharing your knowledge and guidance.
Unless there is a valid ground why the testator would exclude the heirs from succession, no. Again, the "legitime" is reserved for the heirs. Any will made which is not in accordance with the law cannot be enforced, hence intestate succession will prosper.
Sir good evening sir. Sir, naa lang kuy 2 questions. (1) ang legitime or legal portion ba sir ALWAYS RESERVED nana siya sa primary compulsory heirs bisan silent ra ang decedent, bisan wala nag ingon si decedent nga nag reserve sya for primarily CH? always ba na sha gina assume sa law sir nga dapat naa gyud para sa primary CH bisan nag ingon si decedent or wala? (2) ug sir can the decendent give ALL his inheretance to his friend alone? kay ang legal portion for primary CH and the remaining free portion is to anyone. pero pwede ba sir nga maka decide si decedent nga all, legal and free portion, ihatag niya sa iyang friend? kay after all si decedent man ang owner sa property, sya man mka boot. thanks sir
1. Yes always, the testator cannot make a will if the legitime or the share of the compulsory heirs is lower than what the law provides. For example, dba dapat 50% or 1/2 is for all LC, if only 49% lang ang iyang ibutang sa will as the share of the LC, then the will is invalid. And since invalid na sya, intestate succession will apply.
Again, it will be an invalid will if di sya mufollow sa giprescribe sa law. And an invalid will will result to intestate succession where all inheritance will be given to the compulsory heirs. Yes the decedent may give the free portion to anyone he wants, but as to legitime di sya pwde hilabtan
![[TOPIC 4] TESTAMENTARY SUCCESSION | Share of the Heirs in the Last Will and Testament](http://i.ytimg.com/vi/DNNkGutHxiY/mqdefault.jpg)
![[TOPIC 4] TESTAMENTARY SUCCESSION | Share of the Heirs in the Last Will and Testament](/img/tr.png)
Does child ( niece) of the registered solo parent (uncle of the child-niecewho is unmarried) be considered compulsory heir of said solo parent?
thank you very much mam,very simple and easy to understand ang lecture nyo po.
How to determine the measure/quantity/value of compulsory portion and free portion of an estate?
Sir, can I ask about tax amnesty, its deadline and how to comply with it?
Hello sir Raz. Sir question, is there possibility that the testator will give a higher amount of property or property rights to his best friend than the primary compulsory heirs?
Possible. But dpt from free portion only
@@JisrylRaz_ftt thank you sir.😍
Sir. Good evening. Thank you for this video. Sir question, (i) is their any instances that the decedent opt not to transfer his estate to the primary or secondary heirs? (ii) successors have the right but are not compelled to receive, is the decedent also not compelled to transfer estate to his primary and secondary heir? (iii) is it possible that the decedent may directly transfer his legitime to the government?
Thank you for sharing your knowledge and guidance.
Unless there is a valid ground why the testator would exclude the heirs from succession, no. Again, the "legitime" is reserved for the heirs. Any will made which is not in accordance with the law cannot be enforced, hence intestate succession will prosper.
Sir good evening sir. Sir, naa lang kuy 2 questions.
(1) ang legitime or legal portion ba sir ALWAYS RESERVED nana siya sa primary compulsory heirs bisan silent ra ang decedent, bisan wala nag ingon si decedent nga nag reserve sya for primarily CH? always ba na sha gina assume sa law sir nga dapat naa gyud para sa primary CH bisan nag ingon si decedent or wala?
(2) ug sir can the decendent give ALL his inheretance to his friend alone? kay ang legal portion for primary CH and the remaining free portion is to anyone. pero pwede ba sir nga maka decide si decedent nga all, legal and free portion, ihatag niya sa iyang friend? kay after all si decedent man ang owner sa property, sya man mka boot. thanks sir
1. Yes always, the testator cannot make a will if the legitime or the share of the compulsory heirs is lower than what the law provides. For example, dba dapat 50% or 1/2 is for all LC, if only 49% lang ang iyang ibutang sa will as the share of the LC, then the will is invalid. And since invalid na sya, intestate succession will apply.
Again, it will be an invalid will if di sya mufollow sa giprescribe sa law. And an invalid will will result to intestate succession where all inheritance will be given to the compulsory heirs. Yes the decedent may give the free portion to anyone he wants, but as to legitime di sya pwde hilabtan
@@JisrylRaz_ftt okay sir. Thank you sa clarifications 😊