Wills

and Succession
Atty Taleon
2015 Final Exam (SBC-Alabang)

I Popsy has 3 legitimate children: Patria, Maam Rose and Sir Mike, and one
illegitimate son, Bernardo. Maam Rose has one legitimate daughter, Gillian. Sir Mike
has 2 legitimate children, Andrew and Trisha.

Popsy and Patria rode together in a car and perished together at the same time in a
vehicular accident. Popsy and Patria dies leaving substantial estates in intestacy.

Popsy left an estate in the amount on P1.5M while Patria left an estate in the amount
of P1M.


A.1 Distribute the estate of Popsy.

2 Distribute the estate of Patria. (20pts)


B.1 If Mam Rose and Sir Mike both predeceased Popsy, who are Popsys
intestate heirs? What are their respective fractional shares? Do they inherit in their
own right, by accretion or by representation? Explain your answer.

2 If Maam Rose, Sir Mike and Bernardo repudiated their shares in the
estate of Popsy, who are Popsys intestate heirs? What are their respective fractional
shares? Do they inherit in their own right, by accretion or by representation?
Explain your answer.(15pts)


II Okoy is legally married to Goto, by whom he had 2 children, Tokwa and Lumpia.
He died while eating baboy, leaving a last will and testament. Okoy devised to his
said forced heirs the entire estate except the free portion which he gave to Suman
who was living with him at the time of his death.

In the probate proceedings, Suman asked for the issuance of letters of testamentary
in accordance with the will wherein she is named sole executor. This was opposed
by Goto and her children.


A Should the will be admitted in said probate proceedings?


B Is the devise to Suman valid?


C Is it proper for the trial court to consider the intrinsic validity of the
provisions of said will? Explain your answers. (15pts)


III Mautak is a handsome promising lawyer and radio announcer. Because he
wanted to be a politician, he married Maatik, the famous and rich daughter of the
Senate President. Mautak and Maatik were blessed with 2 children, Maangas and

Makapal. To realize his long-time dream, Mautak ran for and won a Congressional
seat, representing the province of Kulafu. Hi political expenses, in the amount of
P1M has been provided by his father, Magulang, to whom he has donated the farm
worth P250K, which he inherited from his mother.

Since they are public figures, Mautak always made sure that he gives only the best
gifts to Maatik and their children. As a matter of fact, during their engagement party,
Mautak gave Maatik a diamond bracelet, worth P500K, and for the first 5 years of
their marriage, he has given her an expensive watch worth P100K and sets of
jewelry, amounting to P200K. When Maangas got married, he has given Maangas
and her wife a car worth P500K as wedding gift. On the other hand, when Makapal
entered law school, he has given him a complete set of SCRA worth P150K, and upon
his graduation, he gave him a laptop worth P100K.

For his last term in Congress, Mautak lost and suffered depression, which eventually
led to his death. In his will, he instituted as his sole heirs Maatik, Maangas, and
Makapal and gave a legacy to his father, in the amount of P500K. At the time of his
death, his estate is P5M but has an unpaid indebtedness of P2M with Banco O and a
credit of P1M.

How much is Mautaks net estate and how will you distribute the same? (20pts)


IV Miguel Montenegro and Emily Guidote, both single, had a romantic affair while
they were studying in UCLA. Emily was 6 months in the family way as of the time of
their graduation. After graduation, Miguel went home to the Philippines. Unknown
to Emily, Miguel had a commitment to his childhood sweetheart, Adelaida Magtalas
to marry her after getting his college degree. One month after the marriage of Miguel
and Adelaida, Emily gave birth to a son, Vito, in Manila.

After 5 years of being together, the marriage of Miguel and Adelaida was declared
null and void on the ground of psychological incapacity. Out of the union of Miguel
and Adelaida, 2 children, Eric and Roan, were born. Unknown to Adelaida, while on
weekend trips to Manila during the last 3 years of their marriage, Miguel visited
Emily who lived at her house and as a result of which they renewed their
relationship. A baby girl, Heidee, was born to Miguel and Emily a year before
Miguels marriage with Adelaida was declared null and void. Thereafter, Miguel
finally married Emily. Recently, while on his way to visit his father, Alehandro, in
Cebu, he met an accident and died on June 1, 2013. He is survived by Adelaida, Eric,
Roan, his grandchildren, Emily, Vito, Heidee and his father, Alejandro.

It was found out that during his lifetime, Miguel had incurred loans in the amount of
P500K; donated to his daughter, Roan, P250K; and has given to Vito and his wife,
Trixie, a wedding gift worth P250K. He has an insurance policy of P500K with
Adelaida as his beneficiary.

Upon learning of his fathers death, Eric sold his entire share to their Uncle, Enrico,
while Roan repudiated her equal shale. Following their agreement, Enrico wrote
Roan a letter informing her that Eric sold his share to him on
December 15, 2013 while Eric informed all the other heirs of such sale on the same
date. The estate of Miguel at the time of his death is P2M.


A Can legal redemption be exercised by any of the co-heirs on January 16,
2014?

B Distribute his estate. (30pts)