LAW ON SUCCESSION

FINAL EXAMS

I

X died intestate survived by: (1) A, B, C, D, and E, his legitimate children; (2) F, G,
H, and I, legitimate children of B; (3) J and K, legitimate children of C; (4) L and M,
legitimate children of D; and (5) N and O, legitimate children of E. B, C, D and E, however,
are incapacitated to inherit from X.

a) If the net value of the hereditary estate is P400,000, how shall it be divided? Reasons.
(10 points)

b) Suppose that in the above problem B, C, D and E have the necessary capacity to
inherit from X but they repudiated their inheritance, how shall the P400,000 estate be
divided? (5 points)

c) Suppose that in the above problem, all of the children of X are incapacitated to inherit
from him, how shall the P400,000 estate be divided? (10 points)

d) Suppose that in the above problem, all of the children of X have the necessary
capacity to inherit from him but all of them repudiated their inheritance, how shall the
P400,000 estate be divided? (5 points)

II

ME is married to VS until his death. They have a son they named P who inherited two
parcels of land upon his fathers death. P also died, without issue and the two parcels of lands
passed through inheritance to his mother, ME.

2 legitimate brothers of VS appeared when ME applied for registration of the land
and they oppose the registration. Do the 2 brothers have any right to oppose the registration?
(5 points)

III

X died testate in 1986. In his will, he instituted as heirs his 4 legitimate children, A,
B, C, and D to inherit in equal shares. B and C, however, died before X. B is survived by 2
legitimate children, E and F, while C is also survived by 2 legitimate children, G and H. D,
on the other hand, survived but repudiated his inheritance. He has 2 legitimate children of his
own, I and J. The net value of the estate is P120,000.

(a) How shall this estate be distributed? (10 points)
(b) Suppose that X, in the above problem, died intestate, how shall the distribution be
made? (10 points)

IV

LJ died in 1993 survived by her husband, FB and six children, A, B, C, D, E and F. A
filed in the lower court a probate of their mothers will. In that will, their mother devised and
partitioned the conjugal lands as if they were all owned by her.

FB and B opposed the probate on the ground of lack of testamentary capacity, undue
influence, preterition of the husband and alleged improper partition of the conjugal estate.

The court disallowed the will due to intrinsic validity particularly the preterition of
the husband.

(a) Can the court rule on the intrinsic validity of the will? (5 points)

(b) What is the purpose and effect of probate of a will? (5 points)

(c) In the case at bar, is the court correct? (5 points)


V

A and B are Cs brothers. D is the child of A, and E of B, while F is the child of D. C
died without leaving a will. A, B and D are likewise dead. May F inherit from C? Explain. (5
points)

VI

A, before his death, executed a will instituting his legitimate children, B and C, and
his brother D, as his heirs without designating their shares. In the will, he also bequeathed
P10,000 to his friend, E. The residue or net remainder of his estate is P80,000.

(1) If B, C, D and E are all living and could inherit from A at the time of the death of the
latter, how shall the estate be divided? Reasons. (5 points)

(2) If all of them died before the testator, survived by their own children, can such
children represent them? Reasons. (5 points)

VII

Spouses Guillermo and Pacita had 3 sons, namely, A, B, and C. Beset by quarrels,
their marriage broke up. Guillermo left for and obtained a divorce in the U.S., where he
subsequently married Juana, by whom he had a son, D. Guillermo later died in the U.S.
without even knowing that C had died earlier, leaving a wife, E, and a legitimate son, F.

State the shares, if any, of the following in the estate of Guillermo: A, B, D, E, F,
Pacita and Juana. (10 points)

VIII

A died without a will. He is survived by his widow B, and by one legitimate son, C.
The estate is P60,000.00. How shall the distribution be made? (5 points)


IX

PR died intestate. She was survived by her husband FR, and their 2 children, MA (the
daughter) and AR (the son). Another child, CR, predeceased her, leaving behind a child MR,
and his (CRs) widow, IR. In the course of the intestate proceedings, the trial court issued an
order declaring the following as legal heirs of PR prescribing their respective share of the
estate as follows:

FR -
MA -
AR -
MR grandson, -
(child of CR)

(a) IR, the widow of CR and the mother of MR, insisted in getting a share of the
estate in her capacity as the surviving spouse of CR, son of PR, claiming that she
is a compulsory heir of her mother-in-law together with her son MR. the intestate
court denied her plead. She appealed to the Supreme Court. Can the widow whose
husband predeceased his mother inherit from the latter, her mother-in-law?
Reasons. (5 points)

(b) IR, also contends that at the time of the death of her husband CR, he had an
inchoate or contingent right to the properties of PR as compulsory heir. And as
such, since his husband died, the latters right should be inherited by her. (5
points)

X

X died, survived by the following heirs: (a) his widow, W; (b) his legitimate parents,
F and M; (c) his acknowledged natural children, A and B; and (d) his acknowledged spurious
children, C and D. The net value of his estate is P288,000.00.

(1) How much is the legitime of the above survivors? (5 points)

(2) Suppose that X died intestate, how shall the estate be divided? (5 points)


XI
A, an illegitimate (spurious) child, died intestate. His nearest surviving relatives are:
an uncle from the maternal side, and a half-brother who is the legitimate child of his father
with a woman other than the mother of A. Can these relatives inherit the fortune left by the
deceased? Explain your answer. (5 points)
XII

A died intestate, survived by: (1) B, a brother of the full blood, and (2) C, D, E, and F,
brothers of the half blood. The net value of his estate is P120, 000.00. Divide the estate. (5
points)

XIII

H died, leaving a last will and testament wherein it is stated that he was legally
married to W by whom he had 2 legitimate children, A and B. H devised to his said forced
heirs the entire estate except the free portion which he gave to X who was living with him at
the time of his death.

In said will, he explained that he had been estranged from his wife, W for more than
20 years and he has been living with X as husband and wife since his separation from his
legitimate family.

In the probate proceedings, X asked for the issuance of letters testamentary ij
accordance with the will wherein she is named sole executor. This was opposed by Wand he
r children.
(a) Should the will be admitted in said probate proceedings? (5 points)
(b) Is the said devise to X valid? (5 points)
(c) Was it proper for the trial court to consider the intrinsic validity of the provisions
of said will? Explain your answers. (5 points)


XIV

FZ was registered owner of certain 8 parcels of land. He had 4 children when he died
without a will. During his life time, FZ partitioned his properties and gave 2 titles for each
child. He executed Deed of Sale in their favour except to the youngest child, AZM, who
became an American citizen and was therefore not qualified to buy properties in the
Philippines. Upon FZs death, how will the remaining two parcels of land be distributed? (5
points)