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1.

May an adopted succeed his biological father support and parental authority or in case the obligation is
intestate; what is testate? a money debt of the deceased which much be liquidated
and paid from his estate before the residue is distributed
An adopted may not succeed his biological father to the heirs.
intestate. This is because upon adoption, the paternity
and filiation between the biological father and his child is 5. A person was convicted of a crime involving
severed and is transferred to the adopter. In the eyes of moral turpitude and was sentenced to suffer
the law, the biological father and the adopted child are imprisonment for 30 years with accessory penalty
merely strangers to each other. However, in case of of civil interdiction. He executed a will. If you were
testate succession, when the biological father of the the judge will you allow probate?
adopted child institutes him as an heir through a will, then
he may succeed. Yes, because civil interdiction does not disqualify him by
law to execute a will. A person who suffers penalty of civil
2. The attestation clause of a will is written on a interdiction is not prohibited to dispose of his properties
separate instrument separate from the will. Can mortis causa. A will is a disposition of properties mortis
the will be allowed probate? causa. Hence, he can execute a will and dispose of his
properties mortis causa because he has still testamentary
Yes, the will may be allowed probate. Even if the capacity.
attestation clause of a will is written in an instrument
separate from the will, the will may be allowed because 6. X renounced his right to succeed before the death
attestation clause is not part of the will. A will is prepared of his father. Does the instrument have value?
by the testator, while the attestation clause is prepared by
the attesting witnesses. Hence, even though it was made None. The renunciation of X’s right to succeed albeit
on a separate instrument, the will itself may be allowed. dome voluntarily and expressly by himself towards his
dying father have no value because before the death of
3. A will was destroyed. Can it still be probated? his father, X has no actual right to be renounced. The right
to succeed is transmitted only upon death of his father.
The answer must be qualified. If the will is destroyed with Hence, prior to the death, what X has is merely inchoate
intent to revoke, then it can no longer be probated. But if right. The instrument has no value, for X has nothing to
there is no intent to revoke, it may still be probated renounce yet.
depending on what kind of will because there must still be
further distinction. 7. The right to legacy pertains to the share in the
inheritance while the object of legacy pertains to
If the destroyed will is a notarial will, the said will may still the thing itself.
be probated because the authenticity of said will can still
be established or proven through the testimony of the FALSE, because right to legacy pertains to the share not
instrumental witnesses of such will. in the inheritance but in the absolute free portion which
can be only be a personal property. On the other hand,
If the destroyed will is a holographic will, presentation of the object of legacy does not pertain to the thing itself in
the will is necessary in order to identify the handwriting general, because it pertains only to personal property.
and signature of the testator and compare it with the Otherwise, if it pertains to the real property, it is called a
sample handwriting and signature of the testator executed devise. (?)
prior to his death. If this kind of will is destroyed, the only
medium or proof for authenticity of his handwriting and 8. If a witness possess all the qualifications to
signature is lost, hence, it cannot be probated. become a witness, he is already considered as a
credible witness.
However, based on jurisprudence, a photostatic copy or
Xerox copy of the holographic will may still be presented. FALSE, because the competency of a person to be an
The probate court will allow it since comparison of instrumental witness to a will is determined by the statute,
handwriting and signature can be made through that. In that is Articles 820 and 821 of the New Civil Code.
that case, the holographic will may be probated through Whereas the credibility depends on the appearance of his
xerox copy. testimony and arises from the belief and conclusion of the
court that said witness is telling the truth.
4. May an heir be liable for obligations of the
testator? The instrumental witness, in order to be competent must
be shown to have the qualification under Art. 820 of the
The general rule is that a party’s contractual rights and civil code and none of the disqualifications under Art. 821
obligations are transmissible to the successors. The of the same code, for their testimony to be credible, that
exception to the general rule is when the obligation is is worthy of belief and entitled to credence, it is not
strictly personal or when the obligation is not mandatory that evidence be first established on record
transmissible by operation of law as in the case of legal that the witnesses have a good standing in the community
or that they are honest and upright or reputed to be not to marry is imposed by the deceased spouse in
trustworthy and reliable for a person is presumed to be the will made by him during his lifetime. It may also
such unless the contrary is established otherwise. be imposed by the relatives, ascendants or
(Gonzales vs. CA). descendants of the deceased spouse. Such
prohibition is allowed by law to keep the property in
9. Attestation clause placed in the body of the will the family.
affects the validity of such will.
14. Reserva troncal, reserve maxima or reserve
FALSE. minima
15. Right to legacy.
10. Right of representation applies absolutely.
FALSE. Right to legacy depends on what kind of legacy
FALSE, because it does not apply in case of repudiation is being contemplated If it is legacy subject to a
by the heir of the decedent and when the heir does not suspensive condition.
have his own heir. (?)
16. The death of the second heir will extinguish the
In the case of compulsory heir, in case of predecease, fideicommissary substitution.
incapacity and repudiation, he also transmits nothing to
his own heir. In case of voluntary heir, it mentions only FALSE, if the second heir predeceased the first heir, there
predecease. But in the case of a compulsory heir, as a shall be no effect whatever. The second heir does not
rule also transmits nothing to his own heir except when inherit from the first heir but from the testator. The right of
the right the right of representation applies, except in the the second heir shall simply pass to his heirs. But if the
case of repudiation because there is no right of second heir had predeceased the testator, it would be
representation in repudiation. One who does not want to different for then, he gets nothing and transmits nothing
succeed cannot be represented. (?) to his own heirs.

There is right of representation by the children of the 17. Failure of a person given the right to choose will
omitted child of the testator. However, if the omitted child extinguish the legacy.
who predeceased the testator has no own children, then
FALSE. If such person is an heir, the right to choose will
there is no preterition because only the descendant can
pass to the heirs of the latter. But if the person given the
represent and in this case the omitted child has no
right to choose is an administrator or executor, the right to
descendant in the direct line who could represent him.
choose will be given to the next successor in office.
Hence, there can be no right of representation.
18. Disinheritance.
11. The formal validity of a will is governed by the law
at the time of the death of the testator. It is that which intended by law that would soften the
impact produced by legitimes. A person can be deprived
FALSE, because formal validity of the will is governed by
of one’s legitime through disinheritance. Only compulsory
the law in effect at the time of its execution pursuant to heirs can be disinherited because they are the only ones
Article 795 of the New Civil Code. That which is governed entitled to legitimes.
by the law at the time of the death of the testator is the
intrinsic validity and not the formal validity of the will. 19. Defective disinheritance and Preterition.

12. If the second will did not comply with the


requirements of the law, the prior will may no
20. How free portion should be disposed
longer be presented for probate.
FREE PORTION only comes into existence after
FALSE. Under the doctrine of dependent relevant
deduction of the legitimes of the compulsory heirs, i.e. the
revocation, if the second will did not comply with the legitimate children, surviving spouse, and illegitimate
requirements of the law, the prior will may be presented children.
for probate because when the testator made the second
will, it was made with the belief that it is valid and the intent It is what remains after the deduction of the legitimes of
of the testator is that he did not want to die intestate. (Molo the compulsory heirs. Legitime of the legitimate children
vs. Molo) must be first given. After taking out the legitimes of the
legitimate children, what remains is not the absolute free
13. The surviving spouse is prohibited from portion. Because from what remains, the legitime of the
contracting a marriage after the death of her surviving spouse and of the illegitimate children must be
spouse. given.

FALSE. (1st 120 days of 300 days); (GR: surviving spouse When will the legitime be reduced? Suppose what
is not prohibited from contracting a marriage after the remains is not enough to cover the legitime of the
death of her spouse.) When the absolute prohibition surviving spouse and of the illegitimate children, the
legitime of the surviving spouse must be first taken out. It In fideicommissary substitution, the FIDUCIARY HEIR
is only then that the legitime of the illegitimate child will be does not acquire ownership of the property but what
taken out. The legitime of the surviving spouse can never he acquires is only the right to use and enjoy the
be reduced. Should there be a need for a reduction, it property. Beyond that, he does not have the power to
should be from the legitime of the illegitimate children. dispose or alienate.
ABSOLUTE FREE PORTION – it is the remaining portion 24. X is the father of A. A is the father of Y. X and A
after deducting the legitimes of the legitimate children, died. What will Y receive from the estate of A?
suriving spouse and the illegitimate children. It is the
portion from which the testator could give legacies or Upon the death of A, Y will be entitled to his legitime as a
devises. compulsory heir of A. If A predecease X, then Y will have
right of representation of A and Y will inherit the legitime
21. There can be no right of representation in reserve of A from X.
troncal.
25. If Y died and X died, will there be right of
FALSE. There can be right of representation in reserve representation?
troncal as long as the heir who will represent the reserve
is also within the 3rd civil degree of the propositus. The If Y should have compulsory heirs, then said heirs will
requirement that the reserve should be related to the have the right of representation to A’s estate upon the
propositus within the 3rd civil degree also applies to the death of X. Meaning there is no effect even if Y should
heir of such reservee. predecease X. (?)

In order for reserva troncal to exist, the law requires 26. X, the testator, gave the usufruct over his
the parties to be legitimate relatives which means that property to O and P. A is the heir of X. Is the
they should be related legitimately to the propositus. usufruct valid?
The relationship required by law is within the 3rd 27. In his will, X left a specific parcel of land to A and
degree of consanguinity. the usufruct of the same to D, O and C. What are
the right of the parties to the land given by X to A,
The law requires that a person be related to the D, O, and C?
propositus within the 3rd degree of consanguinity and 28. A, in his will devised his property to X. During his
not by affinity to be qualified as reservee. The law lifetime, A mortgaged his property to O. A died.
requires for a DOUBLE DEGREE OF RELATIONSHIP. What are the rights and obligations with respect
The reservee must be related not only to the to the devise given to him by X?
propositus but also to the origin where the property 29. What is preterition of heir?
came from. Legitimate relationship does not mean 30. What is preterition of an object?
that each party must be related to each other. It 31. A creditor has a clain against the deceased, X.
means that the parties must be related to the He filed a collection action separately from the
propositus legitimately. The focal point is the estate proceedings. If you are the judge, will you
propositus. (Alcala case) dismiss the action?
22. A will of a Filipino was probated abroad. Is there YES, I will dismiss the action. The collection action must
a need to probate the will again in the be filed in the proper estate proceedings concerning the
Philippines? estate of X because it is there that the properties and
obligations of the spouses are settled. To hear the
No, provided that there is a proceeding commenced in the collection action separately from the estate proceedings
Philippines for establishing the fact of foreign probate. A which is summary in nature would be to tolerate
proceeding is still necessary despite foreign probate multiplicity of suits which is abhorred in our jurisdiction.
under the Rules of Court but the proceeding regarded
here is no longer for probate but for the purpose of 32. What will be the legitime of the wife if they have
establishing the fact of probation by foreign tribunal which no heirs?
must be a probate court. 33. X’s estate is 1 million. A is the compulsory heir of
X. b is a voluntary heir but he did not get his share
23. Is the sale of a property under reserva troncal immediately and 20 years has passed. How much
valid can B demand from the estate of X? B may only
It depends. In reserva troncal, the RESERVOR demand the delivery of half of what A received
acquires the property in the concept of an owner which is equivalent to 500,000. This is because X
because he can dispose of the property. However, it cannot burden the legitimate of A which is one-
does not extinguish the reserva troncal. If there is an half of a million. Thus, upon the expiration of 20
annotation of the reservable nature of the property, it years B can only demand the delivery of the part
serves as a notice to the reserve. Suppose there is no of X’s estate which he can dispose of by will also
annotation, the reserve troncal would not be known as free portion in the amount of 500,000.
extinguished instead, the reservor will be liable out of Another answer: this is a case where the
his own properties to the extent of the value of the elements of fideicommissary substitution are
property covered by reserva troncal. present. First, there is a fiduciary, A who has
been instituted by X as an heir in his will. Second in England which is he is a national of, an
there is fideicommissary B. third, there is an illegitimate child is not given legitime. Is the
express obligation imposed by x that A should illegitimate child entitled to legitime? Answer: the
deliver the inheritance t B, A’s son after 20 years illegitimate child is not entitled to legitime.
from X’s death. Fourth, the fideicommissary B is Regarding the intrinsic validity of a will, it is the
one degree from the fiduciary A. hence, it is the national law of the testator or the decedent which
intention of the testator X to have B, his grandson shall govern. This is because the Philippines
to inherent from him as a substitute of A after a follows the nationality theory. In the case at bar,
period of 20 years. Since the time that A entered the issue whether the illegitimate child is entitled
into the succession, the value of the estate is 1 to legitime is intrinsic in nature. Hence, it is the
million. However, A’s legitime must first be national law of the foreigner that will govern.
satisfied. The amount of 500,000 which is one Hence, the illegitimate child is not entitles to
half of the value of the estate will constitute the legitime.
legitime. After 20 years, the fideicommissary B 40. A will did not contain an acknowledgment. What
will inherit the remaining 500,000. Another it contained was the statement “subscribed and
answer: B may only demand ½ of the inheritance sworn to”. The opposing party wanted the will not
that is 500,00o. The law provides that in to be allowed. If you were the judge, what will be
testamentary succession, inheritance is divided your ruling? If I were the judge, I will rule in favour
into the legitime and free portion. This legitimate of the opposition, the law provides that
is reserved by law in favour of compulsory heirs. acknowledgement is one of the formal requisites
The testator cannot impose any charges, burden of a valid will. Such acknowledgment must be
or condition on the legitime. The free portion on made before the notary public. Acknowledgment
the other hand maybe distributed by the testator is different and more than the statement
to anyone and he may even subject to condition “subscribes and sworn to”, because to
or burden. In the given case, A acquired the acknowledge is to admit by the parties that the
amount of 500,000 as legitimate and the 500,000 acts stated in the will is that own free act.
as free portion. As to the legitime, the testator Therefore, the will shall not be admitted for
cannot subject it to any condition. As to the other probate because it lacks one of the formal
half which compromised the free portion, it may requisites which is the acknowledgment before a
be subjected to any condition. Thus, only the notary public.
500,000 which A received as free portion maybe 41. May a will be allowed if the attestation clause is
demanded by B. written on a separate instrument? Yes, the will
34. X and Y are married. X died testate. How much may be allowed even if the attestation clause of
will be the legitime of Y. the estate of X is 3M. If such will is written in an instrument separate from
Y is the only surviving heir of X, Y shall be entitles the will, as long as the instrument containing the
to ½ of the entire estate of X. however, if the attestation clause is attached to the will as to form
marriage of X and Y was celebrated in articulo part of the will itself. Also, attestation clause must
mortis and X died within 3 months from the said be signed at the bottom by a least 3 credible
marriage, Y shall be entitled only 1/3 of the entire witness.
estate of X (ie 1M). However, if X and Y has been 42. When may an heir be held liable for the
living as husband and wife for 5 years without any obligations of the testator? An heir may only be
legal impediment to marry, Y shall be entitles to held liable for the obligation of the testator which
½ of the entire estate of X. are transmissible. It is transmissible as when the
35. Will your answer be the same if X died intestate? obligation of the testator is not personal to himself
No, my answer will not be the same. In intestate and when it is a nonmonetary obligation. When it
succession, if Y is the only surviving heir, Y shall as a monetary obligation. The heir will not be
be entitled to the entire estate of X after the liable because it is the estate of the deceased
latter’s debts and obligations have been settles. testator which shall pay for such obligation.
36. X revoked his fires will by executing another will 43. A was convinced and sentenced to an accessory
in order to bequeath a legacy of 100,000. Should penalty of civil (interdiction, this will was
the same be granted probable? (this question is presented for probate. If you were the judge, will
a qualification regarding express repeal and you allow the probate of the will? If I were the
implied repeal) probate judge, I will still admit the will for probate,
37. The legacy given to Y was lost. Is he still entitled the law provides that as long as the testator is of
to that legacy? Art928 sound mind, of legal age, a natural person and
38. In jose’s will, he acknowledged Antonio as his not prohibited by law, he can make a will. If all of
child however during probate, the will was these requisites are present, I will admit the will
disallowed. Will the disallowance of the will have even if the sentence has an accessory penalty of
effect on the right on Antonio to succeed civil interdiction. Such accessory penalty only
39. A foreigner executed a will in the Philippines prohibits dispositions inter vivos and not mortis
wherein he gave his illegitimate child legitime. In causa. Thus, it cannot be said that a locked
the Philippines, an illegitimate child is entitles but testamentary capacity because of the penalty of
civil interdiction as it only prohibits dispositions
inter vivos.
44. Before the death of O, X renounced his share to
the inheritance in an instrument is there a valid
waiver of inheritance? No, before of his father O,
X’s right to the inheritance is a mere expectancy
and inchoate. Hence he could not renounce his
right to the inheritance as he has no vested right
over the inheritance. The right is not existing yet.
45. W has been validly disinherited. Can she still
claim her legacy? No, the disinherited heir loses
all legacies and testamentary disposition in her
favour because the grounds for disinheritance are
also the grounds for unworthiness and because
deprivation of legitime implies deprivation of right
as a voluntary her. The disinherited heir is totally
disqualified from receiving anything from the
testator. Hence, W can no longer claim her
legacy.
46. W has been defectively disinherited. Can she still
claim her legacy? It depends, if the devises and
legacies and other testamentary dispositions will
impair the legitimes, they will not be valid.
47. B is the son of A. A went missing and left 1M
estate. Can B inherit from A? No, under the civil
code, as between two persons called to succeed
each other, whoever alleges that one died ahead
of the other must prove the same. Otherwise, it
shall be presumed that they both died at the same
time and no right to succeed arises. The
foregoing provision necessitates B to prove by
competent evidence that A died ahead of him in
order for him to be entitled to inherit from the
letter. There is no showing in the given facts of
proof adduced by B that A died ahead of him.
Therefore, B cannot inherit from the 1M estate by
A.
48. Reserve froncal; 3rd degree of consanguinity from
the properties
49. When does right of representation exist? When
will it not exist? The right of representation exists
only compulsory heirs in case of predecease,
incapacity and disinheritance of a descendant in
the civil code provides that a voluntary heir
transmits nothing to his heir should heir should he
die ahead of the testator. It therefore follows that
the right of representation applies only to the
legitime and not the free portion
50. A person gave a legacy to another person. The
latter has an existing debt to the former. The
testator latter on demand the debt. May the
debtor still demand the legacy of credit? Yes,
51. Can a grand niece be a legal heir under intestate
succession?