Elements of Succession and Conditions in Inheritance
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Questions and Answers

Who is a decedent?

  • A person appointed by the court to take care of the decedent's estate
  • The person designated to carry out the provisions of the decedent's will
  • A deceased person; the person whose transmitted through succession (correct)
  • The person who succeeds to the inheritance by operation of law

    • What is a testator?

  • The person designated in the last will and testament to carry out the provisions of the decedent's will (correct)
  • A person appointed by the court and performs the same duty, in lieu of an executor
  • A deceased person; the person whose transmitted through succession
  • The person who succeeds to the inheritance by operation of law

    • What is the role of an executor?

  • A person designated in the last will and testament to carry out the provisions of the decedent's will (correct)
  • A person appointed by the court to take care of the decedent's estate
  • The deceased person; the person whose transmitted through succession
  • The person who succeeds to the inheritance by operation of law

    • Who are voluntary heirs?

    <p>Those instituted by the testator in his will to succeed to the inheritance of the portion thereof of which the testator can freely dispose</p> Signup and view all the answers

    What is included in an inheritance (estate)?

    <p>All property, rights, and obligations of a person not extinguished by death</p> Signup and view all the answers

    Who are considered as other collateral relatives within the 5th degree in intestate succession?

    <p>Brothers and sisters, nephews, and nieces</p> Signup and view all the answers

    When can disinheritance only be effected?

    <p>Through a valid will with a specified legal cause</p> Signup and view all the answers

    Who bears the burden of proving the truth of the cause for disinheritance if challenged by the disinherited heir?

    <p>Other heirs of the testator</p> Signup and view all the answers

    What is a requisite for disinheritance according to the text?

    <p>Institution of partial heirs is allowed</p> Signup and view all the answers

    What happens to the testamentary dispositions that impair the legitime?

    <p>They are considered void</p> Signup and view all the answers

    Who takes the place of the disinherited parent with respect to the legitime?

    <p>Children and descendants of the disinherited parent</p> Signup and view all the answers

    Under what circumstances can parents or ascendants be disinherited according to ART. 856 CC 2?

    <p>If they have abandoned their children or led them into immoral activities</p> Signup and view all the answers

    What is the legal consequence if a person dies without a will, with a void will, or one that has lost its validity?

    <p>The last valid will and testament in a known language of the testator is considered valid.</p> Signup and view all the answers

    What happens in cases where the 'Will' does not institute an heir?

    <p>Partial institution of heir takes place.</p> Signup and view all the answers

    How is transfer tax defined in relation to property transfer?

    <p>A tax levied on the fair market value of the property being transferred.</p> Signup and view all the answers

    What does partial institution of heir refer to?

    <p>An incomplete distribution of the estate in a will.</p> Signup and view all the answers

    Which condition annuls the institution of an heir according to legal succession rules?

    <p>Non-fulfillment of a condition attached to the heir's institution.</p> Signup and view all the answers

    What happens when there is a preterition according to legal succession laws?

    <p>The preterited heir is entitled to claim their legitime share.</p> Signup and view all the answers

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