D. Provisions Common to Testate and Intestate Succession

Disposition For Prayers and Pious Works for the Benefit of His Soul

Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms and without specifying its application, the executor, with the court's approval, shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes mentioned in Article 1013. (Art. 1029)

Requisites: (Balane, supra)

• Disposition for prayers and pious works for the benefit of the testator’s soul;
• No specification of the application of the disposition.

Apportionment of the disposition or its proceeds: (Balane, supra)

• 1/2 to the church or denomination to which the testator belonged
• 1/2 to the State, to be applied as provided in Article 1013.

In case of:

• Disappearance upon or before reaching the age of seventy-five (75) years:
• After an absence of seven (7) years - the absentee is presumed dead for all purposes except succession.
• After an absence of ten (10) years - the absentee is presumed dead for all purposes including succession.
• Disappearance after reaching the age of seventy-five (75) years after an absence of five (5) years - the absentee is presumed dead for all purposes including succession.

NOTE: The word “absence” in the rule that a presumption of death is raised by the “absence” of a person from his domicile when unheard of for seven years, means that a person is not at the place of his domicile and his actual residence is unknown, and it is for this reason that his existence is doubtful, and that, after seven years of such absence, his death is presumed. But removal alone is not enough. (Gorham v. Settegast, 98 SW 655, also cited by Sta. Maria, 2010)

Effect of death of a party before entry of judgment

The court shall order the case closed and terminated without prejudice to the settlement of estate proper proceedings in the regular courts. (Sec. 21, A.M. 02-11-11- SC)

Right of an Excluded Heir for Indemnity for Expenses

The unworthy heir who is excluded from the succession has the right to demand indemnity for any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. (Art. 1037)

Liability of heirs for the obligation contracted by the decedent

Contractual rights and obligations generally pass to the parties’ heirs, except when they are not transmissible:

• By their nature;
• By stipulation; or
• By provision of law. (Art. 1311, NCC)

An heir is not liable beyond the value of the property received from the decedent. (Art. 1311, NCC)

When Two Or More Heirs Take Possession Of The Estate

If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should be negligent. (Art. 927)