This case has been cited 1 times or more.
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2005-03-11 |
TINGA, J. |
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| Article 854 provides that the preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. Manresa defines preterition as the omission of the heir in the will, either by not naming him at all or, while mentioning him as father, son, etc., by not instituting him as heir without disinheriting him expressly, nor assigning to him some part of the properties.[44] It is the total omission of a compulsory heir in the direct line from inheritance.[45] It consists in the silence of the testator with regard to a compulsory heir, omitting him in the testament, either by not mentioning him at all, or by not giving him anything in the hereditary property but without expressly disinheriting him, even if he is mentioned in the will in the latter case.[46] But there is no preterition where the testator allotted to a descendant a share less than the legitime, since there was no total omission of a forced heir.[47] | |||||