Succession

Succession is a derivative mode of acquisition. Property, rights and obligations of one person are transmitted through his death to other people by virtue of a will (testamentary/testate succession) or by law (intestate succession.) The property, rights and obligations comprise the value of the inheritance. Succession is either testamentary (by a will,) legal/intestate (if the person died without a will) or mixed (if there was a will but certain parts of the inheritance weren't included in it.)

Elements:

1.) It is a mode of acquisition

2.) It transfers property, rights and obligations to the extent of the value of a person's inheritance

3.) The transfer takes place on the person's death

4.) It is transferred to another person (heir, grantee, legatee, devisee or transferee)

5.) Done by will or law

What is transferred during the succession are the rights, obligations and property that can't be extinguished by death. The inheritance consists of:

1.) Property, rights and obligations at the time of death. Succession occurs at the moment of death

2.) Those that accrued (were accumulated) during the opening of succession

Death

A.) Actual Death: physical death (obviously!)

B.) Presumed Death

If a person disappears and can't be found within a required period of time, he is presumed dead in either ordinary or extraordinary cases.

1.) Ordinary Presumption - disappearance for 10 years (5 in case the person is more than 75 years old.)

2.) Extraordinary Presumption - 4 years in any of the following instances:

a.) If he was on a vessel lost at sea or an aircraft that crashed

b.) If he was a member of the armed forces and took part in war

c.) If he's in danger of death

Transferees in Succession:

1.) Heirs - if they succeed by universal title or all of the inheritance or a fraction/aliquot part of it.

2.) Legatees - if they succeed to particular personal property.

3.) Devisees - if they succeed to particular real property.

Heirs can be both legatees and devisees.