Text of the provision
Art. 780. Mixed succession is that effected partly by will and partly by operation of law.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Mixed succession is effected partly by will and partly by operation of law — where a will disposes of only part of the estate.
Mixed succession typically arises when a will disposes of only part of a person’s estate — naming an heir to certain property, for instance — while leaving the remainder undisposed of. As to the property the will covers, testamentary succession applies; as to the rest, the law’s default rules on intestate succession take over and distribute it among the decedent’s legal heirs. The result is a single estate settled through two different modes of succession operating side by side.
Questions about this provision
- My father left a will that only covers half his property — does the other half go by intestacy or is the whole estate distributed by the will?
- What is succession under Philippine law?
Related provisions
- Article 779 — Testamentary Succession.
- Article 781 — Property Accruing After Death.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.