Deck 1: Succession and Probate Law

Question 1

A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition.

A)The testator and the instrumental witnesses must sign.
B)The defect is fatal if there is failure to have the original signatures.
C)If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt

Answer 1

If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt

Question 2

A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If you were the judge, would you approve it?

A)Yes, because the will is valid.
B)Yes, because the testator is capacitated.
C)No, because the will is vo

Answer 2

No, because the will is vo

Question 3

The attestation clause of X's will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Choose the best answer.

A)Yes, because it is fatal defect.
B)Yes, the will is not valid.
C)No, attestation clause is not an act of the testator.
D)No, attestation clause is not a part of a will.

Answer 3

No, attestation clause is not an act of the testator.

Question 4

After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.

A)The mere act of A is immaterial
B)The tearing of the will may amount to revocation
C)The tearing of the will may amount to revocation if coupled with intent of revoking it.
D)The act of tearing the will is material.

Question 5

What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.

A)No, transmission of right from the first heir to the second.
B)No right of representation
C)The right shall be transmitted to the heirs of the second heir.
D)None of the above.

Question 6

Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall be entitled to the property reserved? Choose the best answer.

A)The uncles and aunts shall inherit the property
B)The nephews and nieces of the decedent survive and are willing and qualified.
C)The uncles and nephews shall inherit together.
D)The aunts and nieces shall inherit together.

Question 7

X and Y are married. The marriage was contracted under articulo mortis, and the testator died within 3 months from the time of marriage. What is X's share of his spouse's inheritance? Choose the best answer.

A)The surviving spouse shall inherit the whole hereditary estate.
B)The surviving spouse shall inherit ½ of the estate.
C)The surviving spouse shall inherit 1/3 of the estate.
D)The surviving spouse shall inherit ¾ of the estate.

Question 8

X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his father. Upon X's death, will the right of accretion apply?

A)Yes, A may renounced his inheritance from his father.
B)Yes, the right of accretion applies.
C)No, because the renunciation is vo

Question 9

A repudiated his inheritance from his father. Can he be represented by his son, B?

A)Yes, repudiation do not affect right of representation.
B)No, because heirs who repudiate their share may not be represented.
C)Yes, because the act of repudiation is contrary to public policy.
D)None of the above.

Question 10

If a compulsory heir is disinherited, is it limited to his legitime?

A)No, it also covers the free portion.
B)Yes, it is limited only to his legitime.
C)Disinheritance affect only the free portion but not the legitime
D)None of the above.

Question 11

Rights to succession are transmitted:

A)On date of last will and testament
B)On probate of will
C)On death of testator
D)On date of death of surviving heir

Question 12

What law shall determine the validity of a will?

A)The national law of testator
B)The law at the time it is made
C)The law at the time of probate of the will
D)The law at the time of death of the testator

Question 13

A holographic has no date except one found on the first page, is the will valid?

A)Yes, because the law does not specify the place where the date should be placed.
B)No, because the date should be after the signature of the testator.
C)No, because it did not follow the requirements of law.
D)Yes, because the intention of the testator must be respected.

Question 14

In case a holographic will is lost, can it still be probated?

A)No, because the best and only evidence of the handwriting is the will itself.
B)No, the probate court has no jurisdiction.
C)No, because the testator is still living.
D)Yes, because secondary evidence may be presented.

Question 15

Disposition captatoria means that the heir shall make provisions in his will:

A)In favor of another heir
B)In favor of testator or any other person
C)In favor of the state
D)In favor of a legatee

Question 16

Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall:

A)Make the will voidable
B)Make the will void
C)Annul the institution of heirs
D)Make the will unenforceable

Question 17

After the probate of a will, may a case for forgery be filed against an instituted heir?

A)No, because the probate of the will is an evidence of its due execution and authenticity.
B)No, because the probate of the will is a justifying circumstance.
C)Yes, because a forgery is a criminal action.
D)Yes, because this is a statutory right.

Question 18

When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:

A)Law
B)Contracts
C)Quasi-contracts
D)Quasi-delicts

Question 19

The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the subject matter in commodatum.

A)he gave notice to the bailor before he incurred the expense.
B)if the extraordinary expense arose out of the actual use of the thing.
C)if the bailee was negligent in the use of the thing borrow

Question 20

What are the objectives of Probate proceedings?

A)Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the testamentary capacity of the testator.
B)Probate seeks to determine whether the will is formally valid.
C)Probate seeks to determine whether the will is intrinsically val

Question 21

The borrower in a contract of loan or mutuum must pay interest to the lender.

A)if there is an agreement in writing to that effect.
B)as a matter of course.
C)if the amount borrowed is very large.
D)if the lender so demands at the maturity date.

Question 22

This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to the reserve and from whom therefore the third degree is counted is known as:

A)Origin
B)Propositus
C)Reservista
D)Reservatorios

Question 23

A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?

A)Yes, he is a compulsory heir.
B)Yes, he is the legal representative.
C)No, there is no blood relationship between A and C.
D)No, he is a voluntary heir.

Question 24

X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X's death and the probate of his will, are the conveyed properties subject to collation for determination of the heirs' legitime?

A)No, because X is no longer the owner of the conveyed properties.
B)No, because there was no gratuitous conveyance.
C)Yes, because the heirs are already the owners of the conveyed properties.
D)Yes, they are considered advanced legitime.

Question 25

Can a criminal convicted of a crime which carries civil interdiction execute his will?

A)Yes, it is his statutory right.
B)No, it is an accessory penalty.
C)Yes, it only prohibits disposition of property inter vivos, not mortis causa.
D)No, it is inconsistent with public policy.