Question 1

When does the right of representation take place?

Accepted Answer

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

Question 2

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?

Accepted Answer

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. 
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. B

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?

Accepted Answer

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. 
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. B

Question 4

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?

Accepted Answer

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. 
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.

Question 5

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

Accepted Answer

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. 
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 6

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?

Accepted Answer

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. C
A)  
D) Yes, because it was a simulated sale as the price is unusually inadequate. 
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. C
A)  
D) Yes, because it was a simulated sale as the price is unusually inadequate.

Question 7

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?

Accepted Answer

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. 
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 8

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?

Accepted Answer

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. 
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 9

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

Accepted Answer

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. 
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.

Question 10

When is the capacity of the testator considered?

Accepted Answer

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. 
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 11

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?

Accepted Answer

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 
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 12

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?

Accepted Answer

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

Question 13

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?

Accepted Answer

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. 
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 14

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?

Accepted Answer

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. 
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 15

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?

Accepted Answer

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. 
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 16

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?

Accepted Answer

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. 
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 17

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

Accepted Answer

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. 
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 18

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?

Accepted Answer

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. 
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 19

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?

Accepted Answer

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. 
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 20

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

Accepted Answer

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. 
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.

Exam 17: Inheritance and Probate Law

When does the right of representation take place?

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 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?

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

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 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 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?

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

When is the capacity of the testator considered?

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?

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

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 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?

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

Succession and Probate Law

Inheritance, Property and Ownership Laws

Property and Family Law

Philippine Laws and Marriage

Legal and Contractual Queries

Contractual and Partnership Issues

Legal and Contractual Obligations

Loans, Fraud, Liability, and Sale of Land

Obligation Scenarios in Civil Law

Legal Obligations and Their Application

Family and Marriage Law: Marriage, Divorce, Inheritance, and Property Rights

Family Law: Filiation, and Custody

Family Law: Marital Issues, Adoption, and Property Relations

Property Ownership and Rights

Legal Issues in Property Ownership and Easements

Donation, Probate, and Reserva Troncal in Philippine Law

Contractual and Legal Issues

Contractual Obligations and Remedies

Contracts of Sale and Property Ownership

Legal Contracts, Partnerships, and Agency Law

Contractual Obligations and Liabilities

Legal Liability and Damages

Land Ownership and Registration Issues

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