Exam 1: Succession and Probate Law

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:

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?

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, 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?

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.

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:

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.

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

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

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?

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

What are the objectives of Probate proceedings?

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

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

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.

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

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

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

Rights to succession are transmitted:

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