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SUCCESSION REVIEW QUESTIONS AND ANSWERS

True or False

1. A legatee is a person called to the succession either by the provision of a will or by


operation of law.
2. The validity of a will depends upon the observance of the law in force at the time of the
death of the testator.
3. Capacity to succeed is governed by the law of the nation of the decedent.
4. In order to make a will, it is essential that the testator be of sound mind at the time of its
probate.
5. Succession is a mode of acquisition by virtue of which the property, rights and
obligations to the extent of the value of the inheritance of a person are transmitted to
another or others either by his will or by operation of law.
6. Legatees and devisees are persons to whom gifts of real and personal property are
respectively given by virtue of a will.
7. Legitime is that part of the testator’s property which he cannot dispose of because the
law has reserved it for certain heirs who are, therefore, called legal heirs.
8. Every will must be acknowledged before a notary public by the testator and the
witnesses, in the presence of each other.
9. If the testator be deaf, or a deaf-mute, the will shall be read to him twice; otherwise, he
shall designate two persons to read it and communicate to him, in some practicable
manner, the contents thereof.
10. Full blood relationship is that existing between persons who have legitimate relations.
11. A will made in the Philippines by a citizen or subject of another country produces effect
in the Philippines if made with the formalities prescribed by the law of the place in
which he resides.
12. Full blood relationship is that existing between persons who have legitimate relations.
13. The cause of unworthiness shall be without effect if the testator had knowledge thereof
at the time he made the will.
14. A voluntary heir is a person called to the succession either by the provision of a will or
by operation of law.
15. If the person excluded from the inheritance by reason of incapacity should be a child or
descendant of the decedent and should have children or descendants, the latter shall
acquire his right to the legitime.
16. The action for a declaration of incapacity and for the recovery of the inheritance, devise
or legacy shall be brought within five years from the time of the death of the decedent.

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17. An inheritance is deemed accepted if the heir assigns his right to a stranger.
18. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may
petition the court to authorize them to accept it in the name of the heir.
19. If a person, who is called to the same inheritance as an heir by will and ab intestate,
repudiates the inheritance in his capacity as an intestate heir, he may still accept it in the
latter capacity.
20. Legal succession takes place if a person dies with a will which has subsequently lost its
validity.
21. A petition for probate of a holographic will filed on July 12, 1950 which is in accordance
with the formalities prescribed by the New Civil Code may be probated.
22. Reciprocal wills are joint wills, and therefore, void.
23. The estate of an alien may be validly distributed in accordance with the provisions of the
Civil Code of the Philippines.
24. In testamentary succession, the intrinsic validity of testamentary provisions shall be
regulated by the national law of the person whose succession is under consideration at
the time of the execution of the will.
25. A cross may be a sufficient signature.
26. The true test of presence of the testator and the witnesses in the execution of a will is
whether or not they actually saw each other sign.
27. The inadvertent failure of one of witness to affix his signature to one page of the will,
due to the simultaneous lifting of two pages in the course of the signing is not per se
sufficient to justify denial of probate.
28. The lack of a documentary stamp does not invalidate a will.
29. The competency of a person to be an instrumental witness to a will is determined by the
statute, whereas his credibility depends on the appreciation of his testimony and arises
from the belief and conclusion on the Court that the said witness is telling the truth.
30. An insertion in a holographic will may invalidate the will.

Multiple Choice

1. The legal heirs of X, a Filipino, are, EXCEPT


a. the cousin of his grandmother
b. great grandchild
c. first cousin
d. brother
e. child of a sister

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2. The following can be a voluntary heir, EXCEPT


a. compulsory heir
b. legal heir
c. province
d. municipality
e. none of the above

3. A was one of the three witnesses to the execution of the will of X. In the will, X gave a
car to A. Which of the following is correct?
a. The legacy is void.
b. The will is void.
c. A cannot be considered as a competent witness.
d. all of the above
e. none of the above

4. The rights to the succession are transmitted from the


a. time of the execution of the will
b. time of the birth of the heir
c. time of the probate of the will
d. moment of the death of the decedent
e. moment of death of the heir
f. none of the above

5. The rights to the success are transmitted from the moment of the death of the decedent.
Thus, a will is
a. an act mortis causa
b. ambulatory act
c. a formal
d. a voluntary
e. a formal act

6. The intrinsic validity of testamentary dispositions shall be governed by the


a. law of the country where the will was executed
b. law of the country where the decedent died
c. the law of the country where the decedent was a resident at the time of his death
d. national law of the decedent
e. law of the country where the properties of the decedent are located

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7. X, a citizen of France but a permanent resident of Canada, suffered a heart attack and
died in Japan while attending a conference. He was survived by his wife, an American
citizen, his parents, a sister, and two children who are both Filipino citizens. He left
properties in the Philippines and in France. He left a will which he executed in London.
The capacity of his children to succeed shall be governed by the
a. British law
b. law of Japan
c. law of Canada
d. Philippine law
e. French law

8. The extrinsic validity of the will of X, a Filipino but a permanent resident of Canada
shall be governed by the
a. law of the country where the will was executed
b. law of the country where the decedent died
c. the law of the country where the decedent was a resident at the time of his death
d. national law of the heir
e. law of the country where the properties of the decedent are located

9. X, a French national but a permanent resident of Canada, suffered a heart attack and
died in Japan while attending a conference. He was survived by his wife, his parents, a
sister, and two children. He left properties in the Philippines and in Germany. He left a
will which he executed in Tacloban City. The will of X may be probated if it was
executed in accordance with the
a. Philippine law
b. law of Japan
c. law of Canada
d. German law
e. none of the above

10. The compulsory heirs of X, a Filipino, are, except


a. His surviving spouse
b. Illegitimate child
c. His grandchild by a legitimate son
d. Brother
e. Legitimate daughter

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11. The compulsory heir of X, a Filipino, is


a. his great grandfather
b. illegitimate child of his legitimate son
c. his sister
d. nephew
e. uncle

12. The legal heirs of X, a Filipino, are, EXCEPT


a. his surviving spouse
b. illegitimate child
c. first cousin
d. brother
e. second cousin

13. Of the following who survived X, who will not inherit if X died intestate?
a. his surviving spouse
b. his grandchild by a legitimate son
c. mother
d. illegitimate child of his legitimate son
e. c & d

14. The priest who heard the confession of the testator X may inherit from X because:
a. the confession was not during the last illness
b. the confession happened before the execution of the will
c. the priest is a compulsory heir of X
d. all of the above
e. none of the above

15. In the will of X, a house and lot was given to A, who was the guardian of X. A may
inherit if
a. the will was executed before the final accounts of the guardianship was
approved
b. the testator died after the approval of the final accounts
c. A is the brother of X
d. all of the above
e. none of the above

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16. A, B, and C were the witnesses to the execution of the will of X. A legacy may be valid if
it is in favor of
a. spouse of A
b. mother of B
c. child of C
d. grandchild of A
e. all of the above
f. none of the above

17. A killed B. A may inherit from X if B is the


a. spouse of X
b. son of X
c. mother of X
d. brother of X
e. all of the above
f. none of the above

18. For an heir to be incapacitated, conviction is required in the following acts, EXCEPT:
a. attempt against the life of the testator
b. accusing the testator of a crime
c. adultery with the spouse of the testator
d. all of the above
e. none of the above

19. The capacity of an heir to inherit shall be determined at the


a. time of the execution of the will
b. time of the birth of the heir
c. time of the probate of the will
d. moment of death of the decedent
e. moment of death of the heir
f. none of the above

20. X, who was not in danger of death, disappeared at the age of 69. It being unknown
whether or not he still lives, he shall be presumed dead for purposes of succession after
an absence of
a. one year
b. five years
c. seven years

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d. ten years
e. two years, after his disappearance

21. The following are characteristics of a will, EXCEPT:


a. formal
b. ambulatory
c. joint
d. voluntary
e. none of the above

22. A will in the handwriting of the testator may be a valid will


a. only if it is an ordinary will
b. only if it is an attested will
c. only if it is a holographic will
d. whether it is an ordinary or holographic will
e. whether it is an ordinary or attested will

23. if a cross appears above the name of the testator, the will
a. is void because the law requires a full signature
b. is void because the law requires a thumb mark
c. is void because it cannot be considered as a signature
d. may be valid as long as it is the usual way of signing by the testator
e. may be valid as long as there is a thumb mark together with the cross

24. One of the requirements for a will to be valid if another person signed the will is that:
a. He must sign his name or the name of the testator.
b. The signing must be in the presence of the testator.
c. The signing may be at the express or implied direction of the testator.
d. He must be one of the three witnesses.
e. none of the above

25. X executed a notarial will in September 1998 with A, B and C as witnesses. In the will, a
parcel of land was given to A. B was a minor at the time of the execution of the will. C is
a notary public. The will
a. is void because one of the three witnesses is also a legatee
b. is void because one of the three witnesses was a minor at the time of the
execution of the will
c. is void because one of the three witnesses is a notary public

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d. may be valid but the devise is void


e. may be valid if the testator did not acknowledge the will before C

26. If an insertion in a holographic will was made by another person after the execution of
the will without the knowledge of the testator
a. the will is void but the insertion can be given effect
b. the will is void and the insertion cannot be given effect
c. the will may be valid but the insertion cannot be given effect
d. the will may be valid and the insertion can be given effect

27. The law requires a holographic will to be dated. However, it may be valid even if it only
states
a. month and day
b. day and year
c. month and year
d. month
e. year

28. Which of the following is absolutely true?


a. Revocation is an act of the testator.
b. Revocation is by operation of law.
c. Revocation presupposes a valid act.
d. Revocation takes place only during the lifetime of the testator.
e. none of the above

29. In the will of X, he gave to A a credit in the amount of P1Million. This legacy is deemed
revoked
a. if X sent a demand letter to the debtor
b. if X filed an action against the debtor for the collection of the said amount
c. if the court ordered the debtor to pay X before the death of X
d. if the debtor paid X before the death of the latter

30. A disposition in favor of an heir is revoked by implication of law if


a. he was convicted of a crime
b. he is guilty of adultery or concubinage
c. he accused the testator of a crime
d. he prevented the decedent from making a will

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Answer Key

True or False

1. FALSE.
Art. 782. An heir is a person called to the succession either by the provision of a will or
by operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are
respectively given by virtue of a will.
2. FALSE.
The answer would depend on whether the question asks of the will’s intrinsic or
extrinsic validity.
3. TRUE.
Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent.
4. FALSE.
Art. 798. In order to make a will it is essential that the testator be of sound mind at the time
of its execution.
5. FALSE.
Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and
obligations to the extent of the value of the inheritance, of a person are transmitted through
his death to another or others either by his will or by operation of law.
6. FALSE.
Art. 782. An heir is a person called to the succession either by the provision of a will or by
operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are
respectively given by virtue of a will.
7. FALSE.
Art. 886. Legitime is that part of the testator's property which he cannot dispose of because
the law has reserved it for certain heirs who are, therefore, called compulsory heirs.
8. FALSE.
It is not required for the parties to acknowledge before a notary public in the presence of
each other.
Art. 806. Every will must be acknowledged before a notary public by the testator and the
witnesses. The notary public shall not be required to retain a copy of the will, or file another
with the Office of the Clerk of Court.
9. FALSE.
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do
so; otherwise, he shall designate two persons to read it and communicate to him, in some
practicable manner, the contents thereof.
10. FALSE.

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Art. 967. Full blood relationship is that existing between persons who have the same father
and the same mother.
11. FALSE.
Art. 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and
which might be proved and allowed by the law of his own country, shall have the same
effect as if executed according to the laws of the Philippines.
12. FALSE.
Art. 967. Full blood relationship is that existing between persons who have the same father
and the same mother.
13. FALSE.
It may be that the person who committed an act of unworthiness is not an heir instituted
in the will.
14. FALSE.
Voluntary heirs are called to the succession ONLY by the provision of a will.
15. TRUE.
Art. 1035. If the person excluded from the inheritance by reason of incapacity should be a
child or descendant of the decedent and should have children or descendants, the latter
shall acquire his right to the legitime.
16. FALSE.
It shall be brought within five years from the taking of possession.
17. TRUE.
Art. 1050. An inheritance is deemed accepted:
(1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of
them;
18. TRUE.
Art. 1052. If the heir repudiates the inheritance to the prejudice of his own creditors, the
latter may petition the court to authorize them to accept it in the name of the heir.
19. TRUE.
Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab
intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood
to have repudiated it in both capacities.
Should he repudiate it as an intestate heir, without knowledge of his being a testamentary
heir, he may still accept it in the latter capacity.
20. TRUE.
Art. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one which has subsequently lost its
validity;
21. FALSE.
Holographic wills were not allowed until the New Civil Code became effective. Since the will
was executed before the effectivity of the NCC, it cannot be allowed probate.
22. FALSE.

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Not necessarily. See Estate v. Rodriguez.


23. TRUE.
Renvoi doctrine.
24. FALSE.
It should be at the time of his death, not at the time of the execution of the will.
25. TRUE.
See Garcia v. La Cuesta.
26. FALSE.
It should be whether or not the witnesses were in the position to see the signing if they
wanted to see it. See Nera v. Rimando.
27. TRUE.
See Icasiano v. Icasiano.
28. TRUE.
See Gabucan v. Manda.
29. TRUE.
See Gonzales v. Court of Appeals.
30. TRUE.
If a provision is inserted by a third party after the execution of the will and after it has
been authenticated by the full signature of the testator, then the will can be deemed to
NOT be entirely written by the hand of the testator.

Multiple Choice

1. A
2. E
3. A
4. D
5. A
6. D
7. E
8. A
9. A
10. D
11. A – Art. 887
12. E – Second cousins are in the 6th civil degree already.
13. E – C is excluded by the grandchild and D is excluded by the iron curtain rule.

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14. D – A is included because the confession was not made during the last illness; B is
included because there was no undue influence; and C is included because the problem
only said “may inherit” without specifying that he should inherit as a testamentary heir.
15. C – Art. 1027(3)
16. D – Prohibition extends only to the witness, his spouse, parents, or children.
17. D – Art. 1032(2)
18. B – Must be groundless, hence, there must be no conviction.
19. D – It is an act mortis causa.
20. D – Art. 390
21. C – Art. 818
22. D – Ordinary wills are also called attested wills.
23. D – See Garcia v. La Cuesta
24. B – Art. 805
25. B – Art. 820
26. C – The will may be valid if the insertion is authenticated by the testator’s full signature.
D is really wrong because the insertion, even if made by the testator himself cannot be
given full effect if it is not authenticated by his full signature.
27. C – See Roxas v. De Jesus
28. C – There is nothing to revoke if the act is void.
29. B – The law requires an action to be filed.
30. D – Art. 919

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COMPUTATION PROBLEM

X died on August 15, 1988 leaving an estate valued at P300,000.00. Compute the
legitimes of the following heirs who survived X.

1. A, B, and C (legitimate children – LC)


D (illegitimate child – IC)
E (surviving spouse – SS)
F (father)

2. A, B, and C (IC)
D (SS)
E (great grandfather)

3. 3 LCs
5 ICs
SS

4. A (illegitimate parent – IP)


B (IC)
C (brother)

5. A and B (IPs)
C (SS)

6. A (SS)
B and C (brother and sister)

7. A (SS)
B, C, and D (ICs)

8. A (common-law spouse)
B and C (ICs)
D (mother)

9. A (full-blood brother)

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B (half-blood sister)

10. A (paternal grandmother)


B (paternal grandfather)
C (maternal grandfather)

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Answer Key

1. A, B, and C = P50,000 each ( ⅓ of ½ of P300,000)


D = P25,000 ( ½ of the share of an LC) or ( ½ of ⅓ of ½ of P300,000)
E = P50,000 (same share as an LC)
F=0

2. A, B, and C = P25,000 each ( ⅓ of ¼ of P300,000)


D = P37,500 ( ⅛ of P300,000)
E = P150,000 ( ½ of P300,000)

3. 3 LCs = P50,000 each ( ⅓ of ½ of P300,000)


5 ICs = P20,000 each (P300,000 less shares of LCs and SS divided by number of ICs)
or ( ⅕ of (P300,000 – P150,000 – P50,000))
SS = P50,000 (same share as an LC)

4. A = 0
B = P150,000 ( ½ of P300,000)
C=0

5. A and B = P37,500 each ( ½ of ¼ of P300,000)


C = P75,000 ( ¼ of P300,000)

6. A = P150,000 ( ½ of P300,000)
B and C = both 0

7. A = P100,000 ( ⅓ of P300,000)
B, C, and D = P33,333.33 each ( ⅓ of ⅓ of P300,000)

8. A = 0
B and C = P37,500 each ( ½ of ¼ of P300,000)
D = P150,000 ( ½ of P300,000)

9. A = 0
B=0

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10. A = P37,500 ( ½ of ½ of ½ of P300,000)


B = P37,500 ( ½ of ½ of ½ of P300,000)
C = P75,000 ( ½ of ½ of P300,000)