18 Questions
Who is a decedent?
A deceased person; the person whose transmitted through succession
What is a testator?
The person designated in the last will and testament to carry out the provisions of the decedent's will
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
Who are voluntary heirs?
Those instituted by the testator in his will to succeed to the inheritance of the portion thereof of which the testator can freely dispose
What is included in an inheritance (estate)?
All property, rights, and obligations of a person not extinguished by death
Who are considered as other collateral relatives within the 5th degree in intestate succession?
Brothers and sisters, nephews, and nieces
When can disinheritance only be effected?
Through a valid will with a specified legal cause
Who bears the burden of proving the truth of the cause for disinheritance if challenged by the disinherited heir?
Other heirs of the testator
What is a requisite for disinheritance according to the text?
Institution of partial heirs is allowed
What happens to the testamentary dispositions that impair the legitime?
They are considered void
Who takes the place of the disinherited parent with respect to the legitime?
Children and descendants of the disinherited parent
Under what circumstances can parents or ascendants be disinherited according to ART. 856 CC 2?
If they have abandoned their children or led them into immoral activities
What is the legal consequence if a person dies without a will, with a void will, or one that has lost its validity?
The last valid will and testament in a known language of the testator is considered valid.
What happens in cases where the 'Will' does not institute an heir?
Partial institution of heir takes place.
How is transfer tax defined in relation to property transfer?
A tax levied on the fair market value of the property being transferred.
What does partial institution of heir refer to?
An incomplete distribution of the estate in a will.
Which condition annuls the institution of an heir according to legal succession rules?
Non-fulfillment of a condition attached to the heir's institution.
What happens when there is a preterition according to legal succession laws?
The preterited heir is entitled to claim their legitime share.
Learn about the elements of succession, including the decedent, executor, and administrator, as well as conditions in inheritance such as expiration of term, non-compliance with the will, and repudiation. Explore how succession works and the key concepts involved.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
