Intestate/Legal Succession-: Inheritance, Also Called Succession, The

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1. What is the basic concept of succession?

results from a designation of heirs made in


the
last will and testament executed by the
Inheritance, also called succession, the
testator.
devolution of property on an heir or heirs 2. Intestate/Legal Succession- succession
upon the death of the owner. The term which
inheritance also designates the property results from the operation of law where there
itself. In modern society, the process is is
regulated in minute detail by law. no last will and testament or the LW&T is
void
for any reason given by law.
2. Explain the principles used as basis of
succession. 7. In a testamentary succession, what is the free
1. Deceased/ Decedent –Person who died.
portion of the estate?
Testator/ Testatrix (F) – person who wrote
the last The share in the inheritance is called
will and testament. Also called the decedent. “legitime.” The NCC provides for compulsory
2. Estate- a bulk of property left behind by heirs” or certain people to whom the testator
the is obligated to give their legitimes.
decedent. In computing the legitimes, the remaining
3. Successors/ Heir- the persons to whom portion of the estate is called the “free”
the portion. The testator can give this portion to
estate is given to. anyone.
4. Executor/Administrator – person who will
take 8. What is the order of succession in an intestate
charge of the estate before the distribution.
** Executor- person named in the will by the
distribution of the estate?
testator  Surviving Spouse
** Administrator- person appointed by the
courts in the absence of an assigned  Children and their descendants
executor.  Parents;
 Brothers and sisters
3. What is the main destination between executor
 Descendants of brothers and sisters
and administrator?
 Maternal and paternal branches of the
Executor/Administrator – person who will family
take
charge of the estate before the distribution.
 Grandparents; and then
** Executor- person named in the will by the  Aunts and uncles.
testator
** Administrator- person appointed by the
9. In an intestate succession, what is the rule on
courts in the absence of an assigned the right of representation?
executor.
the right of representation covers all that
4. Who are considered as primary compulsory the person being represented would have
inherited
heirs?

Primary Compulsory Heirs – heirs in a 10. In an intestate succession, where there is no


succession whether there is or there is no surviving relative within the 5 th degree, who is
last
will and testament. These include: the successor?
W Legitimate Children &Legitimate
Descendants Next of kin
W Legitimate Surviving Spouse
W Legitimated Children
Legitimate Children- all children born & If no next of kin, then escheat to the state
conceived
NOT out of wedlock. 11. What is mixed succession?
♪ Legitimate Child
♪ Legally Adopted Child Mixed Succession – succession which
♪ Legitimated Child results
Illegitimate Children – all children born & partly from the LW&T and Partly from the
conceived operation of law.
out of wedlock.

12. Enumerate the persons incapable of succession.


5. Who are considered as secondary compulsory
heirs?

Secondary Compulsory Heir – only can get


part of the estate in the absence of the
primary compulsory heirs.
W Legitimate Ascendants
W Illigitimate Ascendants

6. What are the 2 types of succession?

1. Testamentary Succession- succession


which
Programmed appropriations – are appropriations with Cash Budget – is the aggregate of revenues, borrowings
definite/identified funding as of the time the budget is and disbursements of the national government. It
prepared. shows the actual deposits and withdrawals of cash of
NG agencies from the BIR for payment of current and
Unprogrammed appropriations – are those which previous year’s obligations.
provide standby authority to incur additional agency
obligations for priority programs or projects when Disbursement Program – refers to the actual
revenue collection exceed targets, and when additional withdrawal of cash from the treasury due to the
grants or foreign funds are generated. encashment of checks issued by agencies and from
payment of other obligation.
The Annual General Appropriations – refers to the
appropriations authorized under the General Cash Release Program – refers to the program of notice
Appropriations Act or the new legislative authorizations of cash allocation release to be made by the DBM based
enacted and approved by Congress. This appropriation on the agency work and financial plan and the cash
level includes Programmed and Unprogrammed available in the Bureau of Treasury.
Appropriations.
Capital Expenditure – refers to expenditures for capital
The obligation program – refers to a portion of total goods or durable goods which are used for productive
appropriations programmed for the fiscal year, purposes such as the construction of roads, bridges,
unutilized prior years accounts, payments for automatic dams, power and irrigation works, schools and
and continuing accounts that can be supported by hospitals.
available resources in accordance with the fiscal
Infrastructure Expenditure – is a subcomponent of
program.
capital outlays which refer to spending for the
Appropriation – an authorization made by law construction of various basic public works, such as
legislative enactment directing payment out of roads, ports, airports, water supply, irrigation and other
government funds under specified conditions or specific capital investments particularly of the DPWH.
purpose.

Budget – total amount of appropriations programmed


to be spent during the budget year and that can be
supported by available resources in accordance with the
fiscal program to enable the national government to
enter into contract for the delivery of goods and
services to the public.

Obligation – is an act of a duly authorized official which


binds the government to the immediate or eventual
payment of a sum of money. It may be referred to as
commitment that encompasses possible future
liabilities on current contractual agreement.

Disbursement – are the actual amounts spent or paid


out of the budgeted amounts.

Expenditure Program – refers to the ceiling on the


obligation that can be incurred by the government in a
given budget year. Said ceiling is supported by
estimated financial resources.

Financing Program – pertains to the projected


revenues from both existing and new measures, the
payment of debt principal due, as well as the planned
borrowings to finance budgetary transactions.

Obligation Budget – is the proposed amount of


commitments that the government may incur or enter
into for the delivery of goods and services in a fiscal
year.

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