Elements of Succession

Decedent is one of the elements of succession. Is a general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is called a testator (Art. 775 NCC).

Next element is Inheritance that include all the property, rights and obligations of a person which are not extinguished by death and all which have accrued thereto since the opening of succession. Rights which are purely personal are not transmissible for they are extinguished by death (Art. 776 NCC).

Lastly, Successors. An heir or successor is a person who is called to the succession either the provision of a will or by operation of law (Art. 782 NCC). Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will.

Kinds of Succession

Under Art. 778 of NCC, succession may be:

1. Testamentary or testate succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law (Art 779 NCC).

2. Legal or intestate succession is the effected by operation of law since the decedent did not execute a will.

3. Mixed succession is that effected partly by will and partly by operation of law.

The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. (Art. 778 NCC). An heir is a person called to the succession either by the provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. (Art. 782).