TITLE II
STATUTORY RIGHT OF INHERITANCE
CHAPTER I
GENERAL PROVISIONS
Section 1620. Where a person dies without having
made a will, or if having made a will, his will has no effect, the whole of his
estate shall be distributed among his statutory heirs according to the law.
Where a person
dies having made a will which disposes of or has effect for a part only of his
estate, the part which has not been disposed of or is not affected by the will
shall be distributed among his statutory heirs according to the law.
Section 1620. Where a person dies without having
made a will, or if having made a will, his will has no effect, the whole of his
estate shall be distributed among his statutory heirs according to the law.
Where a person
dies having made a will which disposes of or has effect for a part only of his
estate, the part which has not been disposed of or is not affected by the will
shall be distributed among his statutory heirs according to the law.
Section 1621. Unless otherwise provided by the
testator in his will, although a statutory heir may have received any property
under the will, such heir is still entitled to avail himself of his statutory
right of inheritance up to the extent of his statutory share from the estate
which has not been disposed of by the will.
Section 1622. A Buddhist monk cannot claim
inheritance as a statutory heir, unless he leaves the monkhood and enforces his
claim within the period of prescription specified in Section 1754.
However, a
Buddhist monk can be a legatee.
Section 1623. Any property acquired by a Buddhist
monk during his monkhood shall become, upon his death, property of the
monastery which is his domicile, unless he has disposed of it during his life
or by will.
Section 1624. Property belonging to a person before
he entered the Buddhist monkhood shall not become property of the monastery,
and shall devolve on his statutory heirs, or may be disposed of him by any way
whatsoever according to the law.
Section 1625. If the deceased was married, the
liquidation of property and the distribution of the estate between the deceased
and the surviving spouse shall be as follows:
(1) as regards
the share in the property of husband and wife, the provisions of this Code
concerning divorce by mutual consent as supplemented by Sections 1637 and 1638
and especially Section 1513 to 1517 of this Code shall apply; however, such
liquidation shall take effect as from the date of dissolution of the marriage
by death;
(2) as regards
the share in the estate of the deceased, the provisions of this Book other than
Sections 1637 and 1638 shall apply.
Section 1626. After Section 1625 (1) has been
complied with, the division of the estate between the statutory heirs shall be
as follows:
(1) the estate
will be divided between the several classes and degrees of heirs as provided in
Chapter II of this Title;
(2) the
proportion accruing to each class and degree shall be divided between the heirs
of such class and degree, as provided in Chapter III of this Title.
Section 1627. An illegitimate child who has been
legitimated by his father and an adopted child are deemed to be descendants in
the same way as legitimate children within the meaning of this Code.