Deck 17: Inheritance and Probate Law

Question 1

In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?

A)True, but subject to resolutory condition, hence, can rescind the conrtact.
B)False, because he/she is not the owner as he holds the property merely in trust for the reservatarios.
C)True, because having a title over it, the buyer can just rely upon the title under the mirror doctrine.
D)True, because from the moment of death of the descendant propositus, the reservista acquired ownership over the property subject of reserva.

Answer 1

True, but subject to resolutory condition, hence, can rescind the conrtact.

Question 2

A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?

A)V cannot inherit because he is an illegitimate child of D.
B)V cannot inherit despite his institution because of the barrier between the legitimates and the illegitimates.
C)V can inherit because the iron curtain applies only in cases of intestacy.
D)V can inherit because the will of A is an act whereby he is given the right to determine his heirs.

Answer 2

V can inherit because the iron curtain applies only in cases of intestacy.

Question 3

A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and every page of the will, B was outside the room with an open door. Is the will valid?

A)The will is void because it was not subscribed in his presence.
B)The will is valid because the phrase "in the presence" does not mean actual seeing but mere opportunity to have witnessed and seen the signing.
C)The will is valid because there is substantial compliance with the law.
D)The will is void because it requires the presence of the witnesses to prevent fraud, in the execution of the will and to protect the integrity of the will.

Answer 3

The will is valid because the phrase "in the presence" does not mean actual seeing but mere opportunity to have witnessed and seen the signing.

Question 4

X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?

A)Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
B)No more because it has already prescribed.
C)Yes because they cannot extrajudicially settle the estate due to the existence of a will.
D)No more because of laches.

Question 5

A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his death, he revoked the will. What is the effect of the revocation of the will?

A)The revocation necessarily carries with it the revocation of the recognition of X.
B)The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.
C)With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
D)The will has no favorable effect on X because of its revocation and its non-admission to probate.

Question 6

Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua's signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.

A)X can still be prosecuted.
B)X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
C)The probate of the will is res judicata to the prosecution of X.
D)X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.

Question 7

A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in 2009. Who can inherit from C?

A)B & D alone can inherit from C.
B)E cannot inherit because there is a barrier between illegitimates and legitimates.
C)E can inherit from C because the iron curtain does not apply to C & E.
D)E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron curtain still applies.

Question 8

A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of representation?

A)G can inherit by right of representation being the son of C.
B)G cannot inherit by right of representation because such right applies only to blood relatives.
C)G can inherit by right of representation because one of the rights of an adopted child is the right of inheritance without any distinction and discrimination.
D)G can inherit by right of representation like E & F otherwise, he would be deprived of his legitime resulting in unfairness.

Question 9

X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.

A)C is correct because the law requires that the holographic will must be completely dated.
B)C is not correct because there is substantial compliance with the requirement of the law.
C)C is correct because the incomplete date affects the integrity of the will.
D)C is correct because the complete date protects the will from commission of fraud and trickery.

Question 10

A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will was submitted to probate, X opposed on the ground of preterition. Is X correct?

A)X is correct because he is an heir in the direct line, hence, entitled to his legitime.
B)X is not correct because the donation is an advance inheritance.
C)X is correct because donation being irrevocable is not collationable.
D)X is correct, otherwise, it would be unfair to him being an heir of A.

Question 11

A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?

A)The will is invalidated.
B)The will is valid and effective.
C)The legacy given to B's child is not valid.
D)The will is valid and the legacy will be given to B's child because a will is the voice of the testator even after death.

Question 12

A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?

A)Yes, because of the total institution of the descendants.
B)Yes, because failure to state the ground for the non-institution of the descendants.
C)No, because B, C and D shall inherit from the estate of A by the rules of intestacy.
D)No, because B, C and D are deemed instituted.

Question 13

A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need for the will to be probated?

A)No more, because it would be an exercise in futility as no one will inherit on the basis of the will.
B)Yes, because without the will being admitted to probate the disinheritance shall be ineffective.
C)Yes, because a will shall not pass any right to the heirs unless it is admitted to probate.
D)Both B and C.

Question 14

When does the right of representation take place?

A)In the direct descending line.
B)If there is an adopted child.
C)In the ascending line.
D)Even in the collateral line.

Question 15

In fideicommissary substitution when will there be transmission of rights to the second heir?

A)Upon the death of the testator.
B)Upon the death of the first heir.
C)Upon the death of the last relative of the testator.
D)Upon the execution of the will by the second heir.

Question 16

At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?

A)Grant it because A was of sound mind at the time of death.
B)Grant it because the subsequent capacity cured the defect of the void will.
C)Deny probate because the will is void ab initio.
D)Grant it since the will is extrinsically valid and complete

Question 17

What do you call the act of a testator of designating a person to take the estate in case of default of the instituted heir?

A)Substitution
B)Representation
C)Institution
D)Accretion

Question 18

In which of the following is the right of representation inapplicable?

A)In case of predecease of an heir.
B)In case of repudiation by an heir.
C)In case of incapacity of an heir.
D)In case of a valid disinheritance of an heir.

Question 19

When is the capacity of the testator considered?

A)At the time of the probate of the will.
B)At the time of the death of the testator.
C)At the time of the execution of the will.
D)At the time of the allowance of the will.

Question 20

A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?

A)Deny probate because the will is void as he did not understand the language.
B)Deny because he could not have written in a language he did not understand.
C)Grant probate provided that it was explained to him in a language understood by him.
D)Deny because of the possibility of fraud.

Question 21

A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?

A)Yes, because they are compulsory heirs.
B)No, because they are not compulsory heirs entitled to a legitimate.
C)Yes, because while the donor can donate his properties, he must leave something to his relatives.
D)Yes, because of the close family ties of Filipinos.

Question 22

A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?

A)The brothers and sisters and the cousin will inherit in equal shares.
B)The brothers and sisters will inherit in equal shares.
C)The cousin will get ½ of the share of each brother.
D)The cousin is not entitled to any share not being a collateral relative who is entitled under the law of intestate succession.

Question 23

A, the son of X and Y was indebted to B in the amounted of ₱10M. Should the amount be brought to collation if X and Y paid the same?

A)No, because it is the duty of the parents to support a child.
B)Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance.
C)No, because A is merely indebted to X and Y.
D)No, because it was not gratuitously given.

Question 24

X and Y sold a house and lot to their son valued at ₱10M for only ₱3M with the condition that it will be delivered after their death. After their death, should the property be brought to collation?

A)Yes, because the contract was not a sale but a donation inter vivos.
B)Yes, because it was a donation mortis causa.
C)No, because it was not acquired by gratuitous title but by onerous title. (Reyes v. CA)
D)Yes, because it was a simulated sale as the price is unusually inadequate.

Question 25

A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?

A)It will admit the will to probate because of the doctrine of lex loci celebrationis.
B)It will not admit the will to probate unless probated first in Canada.
C)It will deny probate because of failure to comply with the formalities under Philippine law. (Art. 17, NCC)
D)It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.