Text of the provision
Art. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;
(3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;
(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code.
(912a)
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
Legal or intestate succession takes place when a person dies without a will, or with a void will, or one that has lost its validity; when the will does not institute an heir or does not dispose of all the property; when the suspensive condition fails or the heir dies before the testator, repudiates, or is incapacitated without a substitute and without a right of accretion.
Questions about this provision
- My father's will only disposes of some of his properties — how is the rest of his estate divided among us?
- Who inherits if a person dies without a will in the Philippines?
Related provisions
- Article 959 — A Disposition in Favour of 'Relatives'.
- Article 961 — Who the Law Calls.
Cases citing this article
- In the matter of the petition for the probate of the will of Consuelo, G.R. No. 204793, June 8, 2020 — read the decision on LawPhil →
- Hilarion, Jr. and Enrico Orendain, represented by Fe Orendain vs. Trusteeship of the Estate of Doña Margarita Rodriquez, G.R. No. 168660, June 30, 2009 — read the decision on LawPhil →
- Alberto Herbon, et al. vs. Leopoldo T. Palad, G.R. No. 149542, July 20, 2006 — read the decision on LawPhil →
- Lourdes L. Dorotheo vs. Court of Appeals, et al, G.R. No. 108581, December 8, 1999 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.