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c. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitted.
2. A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If
you were the judge, would you approve it?
3. The attestation clause of Xs will do not contain his signature. At its probate, it is being opposed on that basis. Is the
opposition correct? Choose the best answer.
4. 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 San
Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.
c. The tearing of the will may amount to revocation if coupled with intent of revoking it.
5. What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best
answer.
b. No right of representation
6. Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall
be entitled to the property reserved? Choose the best answer.
b. The nephews and nieces of the decedent survive and are willing and qualified.
7. X and Y are married. The marriage was contracted under articulo mortis, and the testator died within 3 months from the
time of marriage. What is Xs share of his spouses inheritance? Choose the best answer.
8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his
father. Upon Xs death, will the right of accretion apply?
9. A repudiated his inheritance from his father. Can he be represented by his son, B?
b. No, because heirs who repudiate their share may not be represented.
c. Disinheritance affect only the free portion but not the legitime
b. On probate of will
c. On death of testator
13. A holographic has no date except one found on the first page, is the will valid?
a. Yes, because the law does not specify the place where the date should be placed.
b. No, because the date should be after the signature of the testator.
a. No, because the best and only evidence of the handwriting is the will itself.
15. Disposition captatoria means that the heir shall make provisions in his will:
d. In favor of a legatee
16. Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line
whether living at the time of the execution of the will or born after the death of the testator shall:
17. After the probate of a will, may a case for forgery be filed against an instituted heir?
a. No, because the probate of the will is an evidence of its due execution and authenticity.
18. When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual
relation between the parties, the source of the obligation is:
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts
19. The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of
the subject matter in commodatum.
b. if the extraordinary expense arose out of the actual use of the thing.
d. even if the cause of the expense was the fault of a third person.
a. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the testamentary
capacity of the testator.
21. The borrower in a contract of loan or mutuum must pay interest to the lender.
b. as a matter of course.
22. Disinheritance is the process or act through testamentary disposition of depriving in a will any compulsory heir of his
legitime for true and lawful causes. The requisites are:
a. Must be a valid will with legal, true and existing cause expressly stated.
b. Must be total and complete and said cause stated in the will.
c. The disinherited heir must be clearly identified and the will is not revoked.
23. What crimes committed by a convict will disqualify him as an instrumental witness to a will?
c. Slander by deed.
d. a and b
24. This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to the reserve and from
whom therefore the third degree is counted is known as:
a. Origin
b. Propositus
c. Reservista
d. Reservatorios
25. A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?
26. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After Xs death and the probate of his will,
are the conveyed properties subject to collation for determination of the heirs legitime?
c. Yes, because the heirs are already the owners of the conveyed properties.
27. Can a criminal convicted of a crime which carries civil interdiction execute his will?
c. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
28. Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their compulsory
heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate is invalid. Is
the objection tenable?
d. No, because practicable considerations dictate the joint probate of the wills.
29. X was disinherited by his father Y. In the probate of Ys will, can the children of X represent their disinherited father?
30. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.
a. 1/3
b.
c. 1/8
d.
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