1. Rodrigo died intestate, leaving a net estate of P10 million.

Determine how much each heir

shall receive from the estate if:

a. Rodrigo was survived by his wife, three (3) full blooded brothers, and one (1)
nephew, who is the son of another full-blooded brother who predeceased Rodrigo.

ANS: The wife will inherit 5M and the other 5M will be shared equally by the 3 full
blooded brothers of Rodrigo, which they will inherit 1.25M each. Since one of his
brother predeceased Rodrigo, that share of his predeceased brother will be
inherited by his nephew by right of representation which he will get 1.25M.

b. Rodrigo was survived by two (2) half-sisters and four (4) nephews (sons of a
deceased full-blooded brother)

ANS: For full and half-blood relations in intestacy, the formula for brothers and
sisters is 2:1 proportion. The share of his brother is 5M but since his brother
predeceased him, the share of his brother, his 4 nephews who are the son of his
brother will inherit it because of the right of representation. His 4 nephews will get
1.25M each. As for the half sisters, they will get 2.5M each.

2. Roy and Melissa were married, and had a child, Franco. Franco begot an illegitimate child
with Audrey, Jose. Franco predeceased Roy, Melissa and Jose. Roy willed his entire estate to
Melissa. Jose opposed probate of the will and claimed that his father, Franco, was preterited
under the will.

Is Jose correct? Why or why not?

ANS: NO. Joses contention is not correct. Civil code provides that an illegitimate child
has no right to iherit ab intestato from the legitimate children and relatives of his father
and mother; nor shall such children or relatives inhrerit in the same manner from the
illegitimate child. This is called the Iron curtain rule.

3. Mr. Reyes, widower, had 3 daughters, D, E, and F. He executed a will disinheriting D

because she married a man that he did not like and instituted his daughters E and F, as his
heirs to his entire estate valued at P1.5 million.

Upon the death of Mr. Reyes, how will his estate be divided? Explain.

ANS: Marrying a man that a father didnt approve is not a valid ground for
disinheritance. This a case of imperfect disinheritance. If a compulsory heir is invalidly
disinherited, such heir is entitled at least to his legitime
4. In his last will and testament, William left a legacy of P100,000 to his mistress, Meghan and
P50,000 to his driver, Bert.

Williams surviving spouse, Kate, and their two children, George and Charlotte, were left
out of the will.

How will you distribute his estate of P650,000.

ANS: This is a case of mixed succession which there is no preterition that results.
Preterition occurs if the heir recieves nothing from the inheritance by way of
testamentary disposition, devise, legacy or intestacy. As to the legacy of 50k given to
driver Bert, such is valid since it is not inofficious because it can be covered by the
free portion and will not impair the legitime of the heirs. As to Meghan, the legacy
of 100k is considered void being expressedly prohibited by law under the civil code.
Intestate shares shall be equal or greater than the legitime. The better formula for
the distribution of the distribution of the estate is 50k to Bert, 200k to Kate, 200k
each for George and Charlotte.

5. Luisa died intestate, survived by two legitimate children, 2 illegitimate children, her parents,
and 2 brothers. She left an estate of P120,000.

Who are her intestate heirs and how much is the share of each?

ANS: The intestate heirs in this case are only the legitimate and illegitimate children
of the decedent. Under the rule on preference of lines, if decedent is survived by
legitimate parents and legitimate children, legitimate parents are excluded. As to the
brothers, they are excluded by the legitimate and illegitimate children. The estate
shall be distributed in the proportion of 2:1. Legitimate child will get 40k each and
each illegtimate child wll get 20k.

Computation: LC: 120/6=20k*2=40k each

IC: 120/6=20k*1=20k each

6. F had three legitimate children, A, B, and C. A and B have one legitimate child each, W and
X, respectively. C has 2 legitimate children, Y and Z. F and A rode together in a car and
perished together at the same time in a vehicular accident. F and A,each left considerable
estate in intestacy.
1. Who are the intestate heirs of F? What are their respective shares?

ANS: The intestate heirs of F are the following: His children, B and C only. X,Y and
Z will not inherit because B and C are still alive. In the present case, since A died at
7. T died intestate on 1 September 1997. He survived by M, his mother, his widow, W; and A,
B, and C, his legitimate children; E, his grandson, the legitimate son of B; F, another
grandson, the legitimate son of D, who predeceased T; and G, the legitimate son of C, C
repudiated the inheritance from T. His distributive estate is P180,000.

How should this amount be shared in intestacy among the surviving heirs?

ANS: The following heirs can inherit from T: W, A, B and F by way of

representation in the place of D. W, A and B will inherit 36K each on their own
right. F will also get 36k by way of right of representation. The share of C which he
cannot inherit because he has repudiated it will be shared equally by A, B &F by
way of right of accretion in which they will receive additional share of 12K each.

8. Enrique died intestate, leaving a net hereditary estate of 1.1 million. He is survived by
W, his spouse: his 3 legitimate children, A, B, and C; and 2 legitimate grandchildren,
E and F, sired by a recognized illegitimate child, D, who predeceased him, and 2
recognized illegitimate children, G and H.

Distribute the estate in intestacy.

ANS: The estate will be divided in the proportion of 2:1. The estate of 1.1M will
be divided by 11shares which is equal to100k which will be multiplied by 2 in the
case of the spouse and the legitimate children because of the 2:1 proportion
which is equal to 200k. W, A, B and C will inherit 200k each. G, H and D
(represented by his children E&F) will inherit 100k. E and F by virtue of right
of representation will inherit the 100k from D in which they will have 50k each;
they are not barred from Iron curtain rule.

9. Mr. and Mrs. Cruz, who are childless, met with a serious motor vehicle accident,
resulting in the instant death of Mr. Cruz. Mrs. Cruz was still alive when help came
but she died on the way to the hospital. The couple acquires properties worth
P1million during their marriage. The parents of both spouses are claiming their share
in the estate of the spouses in equal shares.

a. Are the claims of the parents valid? Explain your answer.

ANS: No parents claim is not correct. The 1M will be divided by 2, being a
conjugal propery of Mr and Mrs Cruz.

b. How much will each of the parents get?

ANS: The 1M will be divided by 2, being a conjugal property of Mr. and
 250k having a total of 750k including her share of the conjugal property. The
parents of Mrs. Cruz will inherit the 750k which they will have 375k each.

c. Is there a reservable property created in this case/ Explain your answer.

ANS: No, there is no reservable proprerty in this case. One of the requisite of
reserva troncal is that the property was acquired by a person from an
ascendant or from a brother or sister by a gratuitous title. In the present
case, the property was not acquired from an ascendant nor from a brother or
sister hence reserva troncal is not created in this case.

10. Mr. Luna died, leaving an estate of P10million. His widow, mrs. Luna gave birth to a
child four months after Mr. Lunas death, but the child died withi five hours after
birth. Two days after the childs death, Mrs. Luna also died from complications of a
difficult childbirth. Mr. Lunas parents and the parents of Mrs. Luna are both
claiming the estate of Mr. Luna.
a. Who are entitled to Mr. Lunas estate and why?
ANS: The following are entitled to Mr. Lunas estate: Mrs Luna and their
child. The legitimate child excluded the legitimate parents as provided under
th rule on preference of lines. Mrs. Luna will get half of the estate which is
5M and the other 5M will be inherited by the child. But since the child has
died, the 5M will be inherited by Mrs. Luna by right of accretion. Mr and
mrs Luna cannot inherit from the baby because there is no right of
representation in the ascending line.

b. Will Mr. Lunas parents inherit from the estate?

ANS: No, Mr. Lunas parents cannot inherit from the estate. Under the rule
on preference of lines, the legitimate parents are excluded by the legitimate
child. In the present case, since Mr Cruz has a child, his legitimate parents
will be excluded in the estate.

c. Will your answers to a. and b. be different if he child had :

i. An intra-uterine life of seven months or more, or
ANS: No, my answer will not change if te child had an inta-uterine life
of 7mo or more. If the child has an intra-uterine life of 7 months or
more, the fetus is considered born if it is alive at the time it is
completely delivered from the mothers womb and it is consdired
born for all purposes that are favorable to it.
ii. An intra-uterine life of less than seven months?
ANS: My answer will be different if the child has an inta uterine life
of less than 7mo. If the fetus had an inta uterine life of less than 7mo,
it is not deemed born if it dies within 24 hours after its complete
delivery. Applying it in the case at bar, if the child has an intrauterine
life of less than 7mo and the child has died 5 hours after birth, such