Section 1617.- If any person refuses a legacy, neither such person nor his descendants are entitled to receive the legacy so refused.

 

Section 1618.- If a renunciation is made by a statutory heir who has no descendant to inherit or if a refusal is made by a legatee, the part of the estate so renounced or refused shall be distributed to the other heirs of the de cujus.

 

Section 1619.- A person cannot renounce or otherwise dispose of the rights which he may contingently have to the succession of a living person.

 

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 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 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 by him in any way whatsoever according to 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 the dissolution of 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.