DEFINITION OF SUBSTITUTION:
- It is the appointment of another heir
- so that he may enter into the inheritance in default of the heir originally instituted
CLASSES IF SUBSTITUTION:
1. Vulgar or Simple � the testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should
a. die before him (PREDECEASE)
b. should not wish, (RENOUNCE) or
c. should be incapacitated to accept the inheritance (INCAPACITATED)
i. Brief or Compendious � two or more persons may be substituted for one; and one person for two or more heirs
ii. Reciprocal � if heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or incapacitated, unless it clearly appears that the intention of the testator was otherwise. If there are more than one substitute, they shall have the same share in the substitution as in the institution
2. Fideicommissary Substitution - if the testator institutes an heir with an obligation to deliver to another the property so inherited. The heir instituted to such condition is called the first heir or fiduciary heir, the one to receive the property is the fideicommissary or second heir
- It is the appointment of another heir
- so that he may enter into the inheritance in default of the heir originally instituted
CLASSES IF SUBSTITUTION:
1. Vulgar or Simple � the testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should
a. die before him (PREDECEASE)
b. should not wish, (RENOUNCE) or
c. should be incapacitated to accept the inheritance (INCAPACITATED)
i. Brief or Compendious � two or more persons may be substituted for one; and one person for two or more heirs
ii. Reciprocal � if heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or incapacitated, unless it clearly appears that the intention of the testator was otherwise. If there are more than one substitute, they shall have the same share in the substitution as in the institution
2. Fideicommissary Substitution - if the testator institutes an heir with an obligation to deliver to another the property so inherited. The heir instituted to such condition is called the first heir or fiduciary heir, the one to receive the property is the fideicommissary or second heir
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