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

Quizplus · Accepted Answer

X is not correct because the donation given to him by A can be considered as an advance on his inheritance. This means that the donation can be taken into account when determining X's share of the estate, ensuring that he receives his fair portion according to the laws of succession. This process is known as collation, where advancements or gifts given by the deceased during their lifetime are considered when distributing the estate to ensure equitable treatment of the heirs.

A and B Are Married