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Questions and Answers

According to the rule on proximity in inheritance, who will receive the whole P5M estate?

  • B, the grandmother of the maternal side (correct)
  • W, the widower
  • O, P, Q, and R
  • L, M, and N

    • What is the total distributed share among the legitimate children and illegitimate children/grandchildren?

    8,333,333

    Can an illegitimate child inherit from the legitimate children and relatives of their father or mother?

    False

    In cases of preterition, the omitted heir inherits because the omission annuls the ______ of heirs.

    <p>institution</p> Signup and view all the answers

    If a will is torn into two, which of the following statements is true?

    <p>It may amount to revocation if done with intent.</p> Signup and view all the answers

    Which law governs the testamentary provisions of a will executed in China by a former Filipino citizen now naturalized in Japan?

    <p>Philippine Law</p> Signup and view all the answers

    For a will to be validly probated in the Philippines, which country's formalities must it adhere to?

    <p>Zurich, Switzerland</p> Signup and view all the answers

    When a French national revokes his will in Japan and dies in the Philippines, what law applies?

    <p>Philippine Law</p> Signup and view all the answers

    In intestate succession, how much is the share of a surviving spouse in an estate of Php 2.4M?

    <p>Php 2.4M</p> Signup and view all the answers

    Which ground for disinheritance is common to all compulsory heirs?

    <p>Conviction of a crime which carries with it the penalty of civil interdiction</p> Signup and view all the answers

    Which statement is correct when a father institutes friends in his will without providing anything for his predeceased son?

    <p>The father impliedly pardoned the son since there is no express disinheritance.</p> Signup and view all the answers

    Who is required to collate any property received gratuitously in the lifetime of the decedent?

    <p>Illegitimate child</p> Signup and view all the answers

    In intestate succession, who may not inherit from a decedent?

    <p>Great grandfather</p> Signup and view all the answers

    What portion of an estate should be claimed by the biological mother of an adopted individual who died intestate and unmarried?

    <p>Nothing</p> Signup and view all the answers

    In the case of adultery involving family members and subsequent death of one without a will, who shall inherit?

    <p>Ricky, Carla, and Darla</p> Signup and view all the answers

    When a rich individual dies intestate with six nieces and nephews, how should a Php 9M estate be distributed?

    <p>Distribution with a specific amount to each niece and nephew and a free portion</p> Signup and view all the answers

    Which option fits the following statements: An action to collect a sum of money is a transmissible right. Under ordinary circumstances death as the final cause for the transmission of successional right is applicable when one has been absent for at least five years.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: A will is entirely inoperative and wholly ineffective until the death of the testator indicates the ambulatory character of a will. Delegation to a third person of the mechanical act of drafting a will is beyond the purview of the prohibition.

    <p>Both statements are correct</p> Signup and view all the answers

    Which option fits the following statements: A testator must be a natural person who is able to read and write. A witness to the execution of a notarial will must know and understand its contents before signing each and every page thereof.

    <p>Both statements are wrong</p> Signup and view all the answers

    Which option fits the following statements: Acknowledgement before the notary public requires the presence of the testator and instrumental witnesses and of one another. It is essential that the notary public reads and knows the contents of the will before making the acknowledgement.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: A married woman may dispose by will her share of the conjugal partnership without the consent of her husband. A married woman whose property relation with her husband is under the conjugal partnership of gains may accept a property donated by a cousin-in-law without the consent of her husband.

    <p>Both statements are correct</p> Signup and view all the answers

    Which option fits the following statements: When the heir, devisee or legatee commits any of the acts of unworthiness which incapacitates the person to succeed, any testamentary disposition in favor of such heir, devisee or legatee is revoked by implication of law. The doctrine of dependent relative revocation is a rule of presumed intention thus, it does not prevail as against actual evidence of the testator’s real intention.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: An express prohibition to partition the hereditary estate for a period of 20 years is a valid burden on the legitime. The testator may deprive his compulsory heirs of their legitime for a cause expressly provided for by law.

    <p>Both statements are correct</p> Signup and view all the answers

    Which option fits the following statements: The legatee or devisee shall respect the right of the usufruct until it is extinguished if the thing bequeathed is burdened by the presence of an existing and lawful usufruct. If the testator bequeathed or devised a property offered to secure the performance of the obligation of a building contractor, the estate must free the property given from the burden.

    <p>Both statements are correct</p> Signup and view all the answers

    Which option fits the following statements: Heirs are solidarily payable for taxes payable on properties received by inheritance. The payment of a legacy provided for in a will cannot be ordered by the court unless the estate of testator has been liquidated.

    <p>First statement is wrong but the second statement is correct</p> Signup and view all the answers

    Which option fits the following statements: A compulsory heir is bound to give a sub-legacy to the extent of his legitime. When the testator charges no one with a legacy or devise, all heirs shall be liable in the same proportion in which they may inherit.

    <p>First statement is wrong but the second statement is correct</p> Signup and view all the answers

    Which option fits the following statements: If the legacy or devise is a burden on the estate itself, there is no warranty against hidden encumbrances, whether or not the legacy or devise is specific or generic. If the legacy or devise to be given by the heir is a specific thing, the heir shall be liable in case of conviction.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: If the thing bequeathed at the time of the execution of the will belonged to the legatee or devisee, the legacy or devise is valid and the legatee or devisee is entitled to a reimbursement of the value of the thing bequeathed. A devise of indeterminate real property is valid whether or not there be immovable property of its kind in the estate.

    <p>Both statements are wrong</p> Signup and view all the answers

    Which option fits the following statements: The obligation of a compulsory heir to collate is applicable both in testamentary and legal succession. Reserva troncal requires an express provision in a will obligating the reservor to reserve the property transferred for the benefit of relatives of the propositus.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: The remedy of declaration of incapacity and recovery of inheritance from a disqualified heir prescribes in 10 years. The right of redemption in favor of co-heirs may be exercised within one year from the time notice in writing of the sale by the co-heir/vendor.

    <p>Both statements are wrong</p> Signup and view all the answers

    Which option fits the following statements: An extrajudicial partition which disregards the provision of the will makes the partition annullable even if it was with the consent of all heirs. Equality among compulsory heirs is the primary concern of collation and partition.

    <p>First statement is wrong but the second statement is correct</p> Signup and view all the answers

    Which option fits the following statements: An illiterate may execute a will. An illiterate may witness the execution of a will.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: In the execution of a will, it always requires three or more competent witnesses. An undated will is ipso facto void.

    <p>Both statements are wrong</p> Signup and view all the answers

    Which option fits the following statements: A testator must be a natural person who is able to read and write. A witness to the execution of a notarial will must know and understand its contents before signing each and every page thereof.

    <p>Both statements are wrong</p> Signup and view all the answers

    Which option fits the following statements: Probate proceedings are a proceeding in rem which prescribes in ten (10) years. The disinheritance of a daughter affects the intrinsic validity of a will hence, should not be included in the probate order.

    <p>First statement is correct but the second statement is wrong</p> Signup and view all the answers

    Which option fits the following statements: In simple substitution, heirs alternatively inherit from the testator. Reserva Troncal requires an express provision in a will obligating the reservor to reserve the property transferred for the benefit of relatives of the propositus within the third degree.

    <p>Both statements are wrong</p> Signup and view all the answers

    Which option fits the following statements: When the heir, devisee or legatee commits any of the acts of unworthiness which incapacitates the person to succeed, any testamentary disposition in favor of such heir, devisee or legatee is revoked by implication of law. Refusal to give support without justifiable cause is a ground for disinheritance common to all compulsory heirs.

    <p>Both statements are correct</p> Signup and view all the answers

    Which option fits the following statements: A revoked will where an illegitimate child is acknowledged by the testator remains to be an authentic instrument for the purpose of recognition of the child. The doctrine of dependent relative revocation is a rule of presumed intention thus, it does not prevail as against actual evidence of the testator’s real intention.

    <p>Both statements are correct</p> Signup and view all the answers

    Which option fits the following statements: Donation to the surviving spouse during the lifetime of the deceased spouse requires collation. Donation to the spouse of a child during the lifetime of the parent-in-law is an advance of the child’s legitime requiring collation.

    <p>Both statements are wrong</p> Signup and view all the answers

    Atty. BILMOKO, a Filipino, executed a will while she was in Madrid, Spain. The attestation clause of the said will does not contain BILMOKO’s signature. It is valid under Spanish Law. At its probate in Manila, it is being opposed on the ground that the attestation clause does not contain BILMOKO’s signature. Is the opposition correct?

    <p>No, the governing law is Spanish law</p> Signup and view all the answers

    Match the following statements with the correct option: Ramon, a Filipino, executed a will in Manila, where he left his house and lot located at BF HOMES Paranaque in favor of his Filipino son, Ramgen. Ramon’s other children JR and Mona, both Thai nationals, dispute the bequest and plotted to kill Ramgen. Ramon learned of the plot, so he tore his will in two pieces out of anger.

    <p>The will is valid and enforceable as it was signed by Ramon. = a. The will is invalid due to the destruction of the original copy. = b. The will is irrevocable once executed in Manila. = c. The will is voidable if the other children are disinherited. = d.</p> Signup and view all the answers

    Study Notes

    Multiple Choice Questions

    • An action to collect a sum of money is a transmissible right, but death is not a final cause for the transmission of successional right.
    • A will is ambulatory, meaning it is entirely inoperative and wholly ineffective until the death of the testator.
    • A testator must be a natural person, but it is not necessary for them to be able to read and write.
    • Acknowledgement before a notary public requires the presence of the testator and instrumental witnesses.
    • A married woman may dispose of her share of the conjugal partnership without the consent of her husband.
    • When an heir, devisee, or legatee commits an act of unworthiness, any testamentary disposition in favor of such person is revoked by implication of law.
    • An express prohibition to partition the hereditary estate for a period of 20 years is a valid burden on the legitime.
    • The legatee or devisee shall respect the right of the usufruct until it is extinguished.
    • Heirs are not solidarily payable for taxes payable on properties received by inheritance.
    • A compulsory heir is not bound to give a sub-legacy to the extent of his legitime.
    • If a legacy or devise is a burden on the estate itself, there is no warranty against hidden encumbrances.

    Property Disposition

    • A will executed in a foreign country can be probated in the Philippines if it meets the formalities of the country where it was executed.
    • A will can be revoked by the testator, and the revocation is valid even if the testator is no longer a Filipino citizen.
    • A compulsory heir is bound to collate any property received gratuitously during the lifetime of the decedent.
    • In intestate succession, the following may inherit from a decedent: daughter of a grandaunt, grandniece, and second cousin.

    Inheritance

    • An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother.
    • A legitimate child can inherit from the parents of his father or mother by right of representation.
    • A grandchild can inherit from the estate of a grandparent if the parent is deceased.
    • A child born out of wedlock can inherit from the estate of his father or mother if the parents are married.

    Testamentary Dispositions

    • A testamentary disposition in favor of an heir, devisee, or legatee who has committed an act of unworthiness is revoked by implication of law.
    • A testator can deprive his compulsory heirs of their legitime for a cause expressly provided for by law.
    • A will can be revoked by the testator, and the revocation is valid even if the testator is no longer a Filipino citizen.
    • A legatee or devisee shall respect the right of the usufruct until it is extinguished.

    Partition of Estate

    • Equality among compulsory heirs is the primary concern of collation and partition.
    • A co-heir can exercise the right of redemption in favor of co-heirs within one year from the time of notice in writing of the sale by the co-heir/vendor.
    • The right of redemption in favor of co-heirs can be exercised within one year from the time of notice in writing of the sale by the co-heir/vendor.
    • A compulsory heir is bound to collate any property received gratuitously during the lifetime of the decedent.

    Right to Inherit

    • A person who has been convicted of a crime which carries with it the penalty of civil interdiction cannot inherit from the estate of the decedent.
    • A person who has been declared incapacitated to succeed cannot inherit from the estate of the decedent.
    • A person who has been disinherited by the testator cannot inherit from the estate of the decedent.
    • A person who has been preterited by the testator cannot inherit from the estate of the decedent.### Inheritance and Succession
    • Inheritance: The process of distributing the estate of a deceased person to their heirs.
    • Succession: The order of inheritance, i.e., who inherits what and when.

    Types of Heirs

    • Compulsory Heirs: Legitimate children, spouse, and descendants of the deceased.
    • Legitimate Heirs: Children born in wedlock.
    • Illegitimate Heirs: Children born out of wedlock.
    • Ascendants: Parents, grandparents, and other ancestors.

    Legitime

    • Legitime: The portion of the estate that is reserved for the compulsory heirs.
    • Free Portion: The portion of the estate that can be freely disposed of by the testator.
    • Repudiated: The portion of the estate that is disclaimed or rejected by the heir.

    Distribution of Estate

    • Inheritance per Stirpes: When one sole descendant or a group of descendants represent a person in intestate.
    • Inheritance per Capita: When the estate is divided into equal parts among the persons to succeed.
    • Accretion: The right of one or more co-heirs to inherit the portion of the estate that was meant for another co-heir who has died or renounced their inheritance.

    Preterition and Disinheritance

    • Preterition: The omission of an heir in the will, which may be intentional or unintentional.
    • Disinheritance: The intentional exclusion of an heir from the will, which must be with a valid cause.

    Institution of Heirs

    • Institution of Heirs: The act of naming heirs in a will.
    • Annulment of Institution: When the institution of heirs is declared void, usually due to preterition or disinheritance.

    Remedy for Preterition and Disinheritance

    • Annulment of Institution: If the institution of heirs is declared void, the omitted heir can inherit.
    • Collation: If the donation impairs the legitime, the omitted heir can claim their share.

    Proximity of Heirs

    • Proximity: The rule that prioritizes the nearest relatives in inheritance.
    • Direct Ascending Line: The line of inheritance that follows the direct ancestors, e.g., parents, grandparents.

    Illegitimate Children

    • Illegitimate Children: Children born out of wedlock.
    • Right to Inherit: Illegitimate children have no right to inherit from the legitimate children and relatives of their father or mother.

    Representation

    • Representation: When a person represents another person in inheritance.
    • Legal Heir: A person who is a legal heir of the person they are representing.
    • Decedent: The person who has died and left an estate.

    Articles of the Civil Code

    • Article 900: Legitime of the surviving spouse.
    • Article 916: Valid disinheritance.
    • Article 918: Institution of heirs.
    • Article 907: Reduction of testamentary dispositions.
    • Article 972: Right of representation.
    • Article 983: Shares of illegitimate children.
    • Article 1006: Proximity of heirs.
    • Article 1001: Inheritance of brothers and sisters.
    • Article 1016: Right of accretion.
    • Article 1018: Accretion in intestate succession.

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