WILLS AND SUCCESSION

Q- X, Y, and Z are the heirs of A who died, leaving an estate of ten (10) hectares. Before partition, can X sell his share without the consent of Y and Z? Why?

Q-X,Y and Z are the heirs of A who died on June 12, 1991. On June 13, 199, and before the partition of A’s estate, X sold his share of the estate of his father. Is the sale valid? Why?

Q- what are the kinds of presumed death? Explain.

Q- A and B are married. During the lifetime of A B sold a real property belonging to them. A week thereafter, A died, Can X, Y and Z, the heirs of A, question the sale? Explain.

Q- What are the kinds of succession?

Q- What is the latent or intrinsic ambiguity? How does it arise?

Q- What is patent or extrinsic ambiguity?

Q- How many latent ambiguity be cured?

Q- How many patent ambiguity be cured?

Q-What is a will?

Q- A executed a will bequeathing some of his properties to his wife; but the illegitimate children of the testator questioned the portion of the will that declared X as the wife of the testator. In said will, he bequeathed all his shares consisting of ½ of all the real estate he owned in common with his brother. He also bequeathed in her favour all his movables. It was however known that he begot children with two (2) women. In his will, he designed Y as his executor, such that after his death, the executor filed a petition for probate of his will which was opposed by his children contending that X exerted undue and improper influence upon him and that X could not have been the legitimate wife because X was legitimately married at that time. They contended that the portion of the will giving X ½ of his properties is void as it is contrary to law and morals.

The lower court declared the will as the formalities prescribed by law were complied with, except that portion which gave X certain properties which was declared void since the relationship was adulterous. Is the ruling correct? Why?

Q- What law shall determine the validity of a will?

Q- X executed a holographic will in 1923. It was presented for probate in 1964. It was allowed in 1952. Was the allowance valid? Why?

Q- Who can make a will?

Q- What is a testamentary power?

Q- What is testamentary capacity?Q- Is there a distinction between active testamentary capacity and passive testamentary capacity and passive testamentary capacity?

Q- May a convict under civil interdiction make a will?

Q- May a spendthrift or prodigal make a will?

Q- Is there a distinction between senility and senile dementia?

Q- A, a minor, executed a last will and testament. He died at the age of 21, after which his will submitted to probate. I you were the judge, would you approve it? Why?

Q-At the time A executed his will, he was sane. One day thereafter, he became insane. What is the effect of A’s subsequent insanity? Why?

Q- What does the due execution of the will include?

Q- State the rules on soundness of mind.

Q- What are the requisite of a will?

Q- Is it required that the witnesses actually saw the testator affix his signature in the will? Why?

Q- A executed a will. At the time he affixed his signature in the will, X, one of the three (3) instrumental witnesses, was outside of the room, talking to a friend. When the will was submitted to probate, it was opposed on the ground that the will is void, as one of the witnesses was not present when the testator affixed his signature in the will. Will you approve the will if you were the judge? Why?

Q- What is the purpose of the law in requiring the presence of the three (3) witnesses at the time the testator affixes his signatures in the will?

Q- The signatures of the witnesses on top or at the right bottom margins. Is the will valid? Why?

Q- A executed a will consisting of ten (10) 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 and cite reason for your ruling.

Q- May the notary public himself be a witnesses in a last will and testament? Why?

Q- Who may be the witnesses in a will?

Q- Who are disqualified as witnesses in a will?

Q- What is the purpose of the law in requiring that the pages of the will be numbered?

Q- What is the effect of the subsequent incapacity of a witness in a will?

Q- The attestation clause of X’s will does not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Why?

Q- Suppose the attestation does not state the number of pages, is the will valid? Why?

Q- What is the effect if the attestation clause was not signed by the instrumental witnesses? Why?

Q- The will of X does not contain an attestation clause. Is the will valid? Why?

Q- Suppose the attestation clause does not state that he will was signed by the testator in the presence of the witnesses, is the will valid? Why?

Q- What are the purposes of the attestation clause?

Q- X executed a holographic will dated “Christmas Day 1990.” Is the will valid? Why?

Q- The holographic will of A has no date except the one found on the second page of the same. Is the will valid? Why?

Q- State the formalities of a holographic will.

Q- In the probate of a holographic will, how many witnesses must be presented?

Q- State the rules to be followed in the case the testator is deaf or a deaf-mute.

Q- X, an illiterate, executed a will. The fact that it was read to him was not stated in the attestation clause. Is it fatal?

Q- May a person who is blind execute a will? If so, what are the requirements?

Q- Suppose the will was not ready by the said witness and the notary public, but instead, the lawyer who prepared the will read it before the three witnesses, the testator and the notary public who were reading it too, may the will be admitted to probate? Explain?

Q- State the rules when there are dispositions in a holographic will which were signed but not dated, or that there are insertions, cancellations, erasures or alterations.

Q- Person may execute a holographic will which must be entirely written, dated and signed by the hand for the testator himself. It is subject to no other form, and may be made in our part of the Philippines, and need not be witnessed.

What is the effect of the failure to comply with all the requisites?

Q- May a holographic will which does not comply with the requirement that in case of insertion, cancelation, erasure alteration, the testator must authenticate the same by his full signature, be admitted to probate?

Q- In the holographic will of X, there were erasures and changes which were not dated and authenticated by the testator. Can the will be admitted to probate? Why?

Q- Suppose there is only one substantial provision in the will and it was the one that erased or altered without authentication and date, will your answer above the same? Why?

Q- What is the object of solemnities in a holographic will? Explain.

Q- What assure the authenticity of a holographic will?

Q- Under Art. 811, NCC, if a probate of a holographic will is contested, at least three (3) witnesses must explicitly declare that the signature in the will is the genuine signature of the testator. Is the law mandatory or not? Explain.

Q- What is the effect of the probate of a will?

Q- If a will has been probated, may a forgery case filed against an heir instituted still prosper? Why?

Q- What are the grounds for disallowances of a will?

Q- What are the issues to be resolved in the probate of a will?

Q- What is the object of the solemnities surrounding the execution of a will?

Q- X and Y executed two (2) separate wills containing essentially the same provisions. Can they be probate together? Explain.

Q- In case a will has already been probated abroad, is there a need to notify known heirs, etc? Explain.

Q- May a will of an alien produce an effect in the Philippines? Explain.

Q- What evidence are necessary for the allowance of will which have been probated outside of the Philippines?

Q- Is there any exception to rule that the intrinsic validity of a will is beyond the power of the court to look into?

Q- State the extent of the power of the probate court.

Q- If the holographic will was not lost, can it still be probate? Why?

Q- A, a Filipino, executed a will in Kuwait while there as a contract worker. Assume that under the laws of Kuwait, it is enough that the testator affixes his signature in the presence of two witnesses and that the will need not be acknowledged before a notary public. May the will be probated in the Philippines?

Q- X and Y executed a joint will in the U.S.A., distributing their properties located in the Philippines. Is this will valid in the Philippines? Explain.

Q- X and Y, both Americans, executed a joint will in the USA. Under the US laws, the will is valid. It is also valid in the Philippines? How about if it was executed in the Philippines? Explain.

Q- A, a Filipino citizen, is residing in China. He executed a last will and testament in accordance with the formalities of Chinese law.

a. Suppose it has already been probated in China, is there a need for its probate in the Philippines before it can be enforced here? Explain.

b. Can he distribute his estate in accordance with Chinese law where he would give his children only 1/8 of his estate? Why?

Q- Why is there a necessity of presenting such evidence?

Q- Does the probate of a will look into its intrinsic validity?

Q- What is a codicil?

Q- What requirement must be complied with in order that a codicil may be effective?

Q- How may be a will be revoked?

Q- Is the mere intent to revoke sufficient to effect revocation of a will? Explain.

Q- Give examples of cases where a will may be revoked by implication of law.

Q- X, the testator, threw his will on a stove but it was not burned because one of the heirs tried to recover it from the stove. Was the will revoked? Explain.

Q- Give the effects of crumpling, tearing and mutilating the will.

Q- After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot at Dasmariñas Village should have been given by A to C when the will give it to B. Discuss whether the will was revoked or not.

Q- A will was revoked by the testator. What is its effect on the recognition of a child? Explain.

Q- May property pass to the heirs without the will being probated?

Q- What is institution of heirs?

Q- What may the testator do in case he provides for substitution of heirs.

Q- Give certain rules on institution of heirs.

Q- If there are several heirs who were instituted but there is no designation of their respective shares, what rule shall apply? Explain.

Q- May a will be valid even if it does not institute heirs?

Q- X without any compulsory heirs executed a will and gave all hiss properties to Y, a friend. Is the will valid? Why?

Q- State the rules in the designation of the heirs.

Q- X instituted A, B, and C without designation of their shares. State the effect of such institution.

Q- State the effect if a testator instituted his brothers and sisters of the full and half blood.

Q- A instituted B, his friend, and latter’s children and D. State the rule.

Q- State the effect of the statement of a false cause in the institution of heirs.

Q- What is preterition and its effects?

Q- What is the effect if an heir who was totally omitted was given a donation or given a very small share?Q- X, the daughter-in-law of A, opposed the will of the latter contending that X was not instituted as an heir, hence, there is preterition. Is X’s contention correct? Why?

Q- If an heir omitted, from where will his share be taken.

Q- X objected to the will of Y, his son, on the ground that:

a. He has not been instituted, he being the only heir of his son;b. That even if he is instituted, his share is less than Z, his wife, as the

free portion was left to Z.

Rule on X’s objections. Reasons.

Q- Can there be preterition of an adopted child? Why?

Q- If a sister of the decedent is not instituted, can she oppose the probate of the will on the ground of preterition? Why?

Q- During the lifetime of A, he executed a last will and testament instituting his parents, X and Y. At the probate of the will, B, an illegitimate son of A, opposed on the ground of preterition. Will the contention of B proper? Why?

Q- The probate of the will of X was opposed on the ground that some heirs were more favoured while others were not. Is the opposition proper? Why?

Q- Is there any difference as to effect between the omission of a forced heir by mistake or inadvertence and voluntary or intentional omission?

Q- Maria, to spite her husband Jorge, whom she suspected of having an affair with another woman, executed a will, unknown to him, bequeathing all the properties she inherited from her parents to her sister Miguela. Upon her death, the will was presented for probate. Jorge opposed the probate of the will on the ground that the will was executed by his wife without his knowledge, much less consent, and that it deprived him of his legitime. After all, he had given her no cause for disinheritance, added Jorge in his opposition.

How will you rule Jorge’s opposition to the probate of Maria’s will, if you were the Judge?

Q- What is the substitution of heirs?

Q- What are the basic purposes of substitution?

Q-What is fideicommissary substitution?

Q- What are the purposes of fideicommissory substitution?

Q- In a feideicommissory substitution, no period was fixed by the testator as to when the property shall be transmitted to the second heir. What rule shall apply?

Q- What are the requisites or limitations of fideicommissory substitution.

Q- What is the effect if the second heir dies ahead of the first heir in a fideicommissory substitution?

Q- In a will, the testator prohibited the alienation of the estate or part thereof for more than twenty (20) years. Is it valid? Explain.

Q- What are the classes of the institution?

Q- What is institucion sub modo and state its requisites?

Q- Distinguish between modal substitution and conditional testamentary disposition.

Q- What is the effect if in a will the testator imposed an absolute condition not to contract a first or a subsequent marriage? Explain.

Q- What is a disposition captatoria?

Q- Is disposition captatoria valid? Why?

Q- What is legitime?

Q- What is the purpose of the law in establishing the legitime?

Q- Who are compulsory heirs?

Q- A and B are married. They have three (3) children, X, Y, and Z. They adopted C. During A’s bachelorhood, he had a recognized illegitimate child, D. In case A dies, How will his state be divided? Why?

Q- X and Y are married. The have a son A who married B. B gave birth to C, D, E and F. At the time of his death, A left an estate of P 1.2M. before A got married to B, however, he had an amorous relationship with Z where they begot G. During the relationship between A and B, they likewise adopted H. Distribute the estate of A, with X, Y ,C, D, E, F, G, H, and B as survivors. Explain why the estate should be distributed that way.

Q- F and three (3) legitimate children: A, B and C. B has one (1) legitimate child, X. C has two (2) legitimate children: Y and Z.

F and A rode together in a car and perished together at the same time in vehicular accident. F and A died, each of them leaving substantial estates in intestacy.

a) Who are the intestate heirs of F? What are their respective fractional shares?

b) Who are the intestate heirs of A? What are their respective fractional shares?

c) If B and C both predeceased F, who are F’s intestate heirs? What are their respective fractional shares? Do they inherit in their own right or by representation? Explain.

d) If B and C both repudiated their shares in the estate of F, who are F’s intestate heirs? What are their respective fractional shares? Do they inherit in their own right or by representation? Explain your answer.

Q- X and Y are married. X died, survived by his parents and his estranged wife. Is the wife entitled to inherit ab intestate? Why?

Q- An adopted child inherits lie a legitimate child. Is the said child entitled to represent his father in the inheritance of his father’s ascendants? Why?

Q- A is the acknowledged natural child to B who died when A was already 22 years old. When B’s full blood brother, C, died, he (C) was survived by his widow and four children of his other brother, D. A brought suit to obtain his share in the estate of C. Will his action proper?

Q- Antonio Manuel and Beatriz Guiling were married. Antonio had an extra-marital relationship with Ursula Bautista resulting in the birth of Juan Manuel. The spouses died in 1960 and 1976, respectively. Juan Manuel married Esperanza, but they were not blessed with a child, so they took Modesta Manuel-Baltazar into their fold as their own daughter. In short, she was just an “ampon.” Properties were acquired by the spouses during their lifetime. After their death Modesta executed an affidavit of self-adjudication claiming for herself the properties of the spouses Juan and Espereanza. The legitimate children of Antonio and Beatriz filed an action seeking to declare the affidavit void which was denied by the RTC, Pangasinan stating that they are not the legal heirs of Juan’s estate, hence, this petition. Decide.

Q- Is a mere “ampon” entitled to inherit from the one who took him and raised him as a child? Why?

Q- Explain the so-called barrier between legitimates and illegitimates in the rules of succession.

Q- What is reserva troncal?

Q- Who are the personal elements in a reserva troncal?

Q- What are the requisites of reserva troncal?

Q- What could be the reason for the existence of reserva troncal?

Q- May the reservista sell the reservable property? If so, what is the nature of the sale? Explain.

Q- Can the reservista execute a will disposing of the reservable property? Why?

Q- Suppose at the time of the death of the reservista there are no relatives of the propositus within the third degree belonging to the line from where the property came, what rule shall apply? Explain.

Q- Who is under obligation to make the reservation?

Q- Is there a need to annotate the reservable character of the property? Why?

Q- What requisites must be complied with in order that the reservatarios may qualify as such?

Q- In case several persons can qualify as reservatarios, to whom shall the reservable property be adjudicated?

Q- Suppose the reservista is survived by the uncles and aunts and by nephews and nieces of the propositus, who shall be entitled to the property reserved? Why?

Q- Suppose the only reservatarios are nephews of the descendants-propositus are of the half-blood and others are of the whole-blood, will the reserved property will be divided equally, or should the nephews of the whole-blood take a share twice as large as that of the nephews of the half-blood? Explain.

Q- Is the right of representation applicable in resrva troncal? Explain.

Q- From whom do the reservataros inherit? Explain.

Q- Suppose the claimants are the grandparents, brother, and sisters of the propositus, who shall be preferred? Explain.

Q-Suppose the claimants are the brothers and sisters and others are the nephews and nieces of the propositus, who are the children of the brothers and sisters of the propositus who died before the reservista, will the nephews and nieces qualify? Explain.

Q- How is reseva extinguished?

Q- May the reservable character of the property subject of reserve tronacal be lost?

Q- The reservista sold the property subject of reserve troncal? Uponhis death, what is the remedy of the reservatarios and within what period should the action be filed? Explain.

Q- X is the illegitimate son of Y. X got married to Z; and out of their wedlock, they gave birth to two children, A and B. X died in 1980. Y died in 1989. Can A and B represent their father in the heritance of Y/ why?

Q- How about if in the problem above the son, X, legitimate, will the answer be the same? Why?

Q- How shall the estate of A be distributed if he died with a will, leaving as his survivors, B, his wife; C and D, his parents; and an illegitimate child, E?

Q- X is an illegitimate son of Y, who executed a will without any other compulsory heir. What is the heredity right of X? Why?

Q- Suppose X married Z and they gave birth to A, B and C. X died ahead of Y, will children of inherit from their grandfather? Why?

Q- Suppose in the question above, C, wife of A, and B are his survivors, what are the heredity rights of the survivors?

Q-X is the son of Y. In his will, Y imposed the condition that in order that X may get his legitime, he should pass the bar examination and get married. Are the conditions proper? Why?

Q- Suppose the condition is that he should fly to the moon without any rocket? Is the condition valid? Why?

Q- A, B, and C are the children of X. During the lifetime of X, A executed a renunciation of his inheritance in favour of B and C. Thereafter, X died. When his will was submitted for probate, B and C objected to the delivery of the share of A contending that he has renounced his inheritance. Is their contention proper? Why?

Q- Can a person waive his rights? Explain.

Q- X, the testator, gave his son, Y, a donation equivalent to P 1M. In his will, X only gave him P500,000.00 worth of properties, while his two other brothers got P3,000,000.00 worth of properties. What is the remedy of Y? Explain.

Q- A and B are married. They have two children, C and D. A died, survived by B, C and D, Divide his estate of P120,000.00 and state the rules.