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.

Accepted Answer

CDIn cases of reserva troncal, the reservista is considered to have ownership rights over the property, allowing them to sell it. Choice A is correct because the sale can be subject to a resolutory condition, which means the contract can be rescinded under certain conditions. Choice C is correct as the buyer can rely on the title under the mirror doctrine, which assumes the title is valid as shown in public records. Choice D is correct because the reservista acquires ownership of the property upon the death of the descendant propositus, enabling them to sell the property. Choice B is incorrect because it mistakenly asserts that the reservista is not the owner and merely holds the property in trust, which contradicts the legal understanding of reserva troncal.

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.

Accepted Answer

The "iron curtain" rule, which prevents illegitimate children from inheriting from legitimate relatives, applies only in cases of intestacy. Since A executed a will and included V as an heir, V can inherit.

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.

Accepted Answer

The will is valid because "in the presence" means that the witness had the opportunity to see the signing, even if they did not actually see it. B being outside with an open door satisfies this requirement.

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.

Accepted Answer

The probate of a will is imprescriptible, meaning it can be filed at any time as it is a matter of public policy to ensure the proper distribution of the deceased's estate according to their wishes.

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.

Accepted Answer

The revocation of a will does not affect the recognition of an illegitimate child contained within it, as such recognition can stand as an authentic writing that serves as proof of filiation, independent of the will's provisions regarding the estate.

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.

Accepted Answer

The probate of a will is a judicial determination that the will is valid and that it should be admitted to probate. This determination is binding on all parties, including the prosecution. Therefore, X can no longer be prosecuted for forgery because the admission of the will to probate is the best evidence of its due execution.

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.

Accepted Answer

E can inherit from C because the "iron curtain" rule, which prevents illegitimate children from inheriting from the legitimate family of their parent, does not apply between C and E. C and E have a direct parent-child relationship, allowing E to inherit from C despite the nature of E's birth.

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.

Accepted Answer

The answer of A & B are married. They have...

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.

Accepted Answer

The law on holographic wills generally requires that the will be written, dated, and signed by the hand of the testator himself. The mention of "December 2000" as the date, while not specifying the day, can be seen as substantial compliance with this requirement, especially if no other wills are presented that could create confusion regarding the testator's intentions. The key aspect of a holographic will's validity often lies in its being entirely handwritten, dated, and signed by the testator, and courts may allow some leeway in interpreting what constitutes a complete date if the will's authenticity is not in question.

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.

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.

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.

Accepted Answer

The presence of B, a witness who is an interested party due to being the father of one of the legatees, does not invalidate the will itself but does affect the validity of the legacy given to B's child. This is based on the principle that a witness to a will should have no direct interest in the will to avoid any potential conflict of interest or undue influence.

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.

Accepted Answer

The answer of A executed a holographic will disinheriting his...

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.

Accepted Answer

The answer of A executed a holographic will disinheriting his...

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.

Accepted Answer

The right of representation typically occurs in the direct descending line, where descendants inherit the share of a deceased ancestor.

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.

Accepted Answer

In fideicommissary substitution, the transmission of rights to the second heir occurs upon the death of the first heir. The first heir is initially given the property or rights with the condition that upon their death, it will pass to 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

Accepted Answer

The court will likely deny probate because for a will to be valid, the testator must be of sound mind at the time the will is executed. A pronouncement of insanity at the time of execution suggests that this critical condition was not met, rendering the will void ab initio, regardless of A's mental state at the time of death.

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

Accepted Answer

Substitution is the act by which a testator designates a person or persons to take the estate in case the originally instituted heir is unable or unwilling to take the inheritance.

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.

Accepted Answer

The answer of In which of the following is the...

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.

Accepted Answer

At the time of the death of the testator, the capacity of the testator is considered.

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.

Accepted Answer

For a will to be valid, it is crucial that the testator understands its content. If the will was explained to A in a language he understood, and he agreed to its terms, the court can grant probate, acknowledging that the testator's intentions are accurately reflected in the document.

Quiz 17: Inheritance and Probate Law

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

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?

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 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?

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 & 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 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?

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 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 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 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 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?

When does the right of representation take place?

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

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?

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?

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

When is the capacity of the testator considered?

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?