MCQs IN WILLS AND SUCCESSION

Choose the letter of the correct answer.

1. Probate of a will is characterized by the following, except:

a. May be done before or after the death of the testator.
b. Is conclusive against the entire world.
c. Can be barred by prescription or estoppel.
d. May be subject of appeal or motion for reconsideration.
2. Disinheritance can only be done by the testator.
a. Using an intrinsically valid will.
b. Using grounds which must be true and existing.
c. Stating the ground for disinheritance, either expressly or impliedly.
d. Affecting the legitime and share in the FP of the instituted heir.
3. The right of representation
a. Takes place in the direct descending line but never in the direct ascending line.
b. Takes place when the representative is incapable of succeeding the decedent.
c. Is created by fiction of law where the representative is called to the succession by the person
represented.
d. Is available to legitimate children and descendants of brothers/sisters of the decedent.
4. The repudiation of an inheritance shall be made in a
a. Public and authentic instrument and attested to by 3 credible witnesses.
b. Private and authentic instrument and attested to by 3 credible witnesses.
c. Public or authentic instrument or by petition to the court having jurisdiction over the testate or
intestate proceedings.
d. Private or authentic instrument or by petition to the court having jurisdiction over the testate or
intestate proceedings.
5. With respect to the reservista in reserve troncal, the following statements are correct, except:
a. He is the ascendant who acquires the property from the descendant by operation of law.
b. He has legal title and dominion over the reservable property during his lifetime.
c. He is full owner of the property during his lifetime, subject to a resolutory condition.
d. He is not required to make an inventory of the reservable real property.
6. Anton was a bachelor with no descendant or ascendant but with legitimate brothers Benigno and
Carlos. Anton executed a will on August 16, 2007 which reads: “I bequeath to my best friends the
following amounts: to Dennis P100,000.00 deposited in PNB; to Efren P100,000.00 deposited in BPI;
and to Greg P100,000.00 deposited in Allied Bank. Dennis died on Nov. 1, 2007 leaving Hector, his
only son, as heir. Anton died on June 1, 2010 with an estate of P2M including the P300,000.00 money
deposited in these three (3) banks. The amount that was given as legacy to Dennis should be
adjudicated to:
a. Hector, as sole heir of Dennis by right representation.
b. Efren and Greg, by right of accretion.
c. Benigno and Carlos, as legal heirs of Anton, by intestate succession.
d. ½ to Hector as representative of Dennis and ½ to Benigno and Carlos as intestate heirs of
Anton, in their own right.
7. The following are valid grounds for disinheriting a child or descendent, except:
a. Maltreatment by the testator by word or deed, of the child or descendent.
b. Child or descendent has been found guilty of an attempt against the life of the testator, his or
her spouse, descendants or ascendants.
c. Conviction of a crime which carries with it the penalty of civil interdiction.
d. Child or descendant leads a dishonorable or disgraceful life.
8. Statement #1: A partition legally made confers upon each heir the exclusive ownership of the property
adjudicated to him.
Statement #2: An action to enforce the warranty among co-heirs must be brought within five (5) years
from the date the right of action accrues.
a. Statement #1 is correct; statement #2 is wrong.
b. Statement #1 is wrong; statement #2 is correct.
c. Both statements #1 and #2 are correct.
d. Both statements #1 and #2 are wrong.
9. Abigail, single, without any descendant or ascendant, executed a will on Jan. 1, 2008, instituting as sole
heir to her estate of P10M the first child of her sister Belinda. Abigail died on June 1, 2009, at which
 time, Belinda was four (4) months pregnant. Unfortunately, on her sixth month of pregnancy, Belinda
delivered her child prematurely, who was alive when born but died eventually after 24 hours. The
institution of the child as Abigail’s heir is
a. Not valid, because the child is not considered born under Article 41 of the Civil Code, hence,
incapable of succeeding.
b. Valid, because the child was already conceived at the time of Abigail’s death and was
capacitated to inherit under Articles 40 and 41 of the Civil Code.
c. Valid, but the child shall not inherit for lack of judicial personality.
d. Not valid, because the conceived child was not yet born and did not have civil personality at the
time of Abigail’s death.
10. The testator instituted three heirs in his will, expressly stating that they are his sole heirs, giving to each
of them an aliquot share in the inheritance. If all the shares of these instituted heirs, taken together,
exceed the whole inheritance, the institution shall be
a. Annulled considering the amount given to the heirs exceeds the whole inheritance.
b. Divided equally among the heirs so as not to exceed the whole inheritance.
c. Reduced equally so as not to exceed the whole inheritance.
d. Reduced proportionately so as not to exceed the whole inheritance.
11. Arnel, single, without any descendant or ascendant, executed a holographic will on Dec. 25, 2008,
instituting his two (2) brothers Boyet and Caloy as heirs to his estate of P2M. Arnel filed a petition for
the probate of his will on Jan. 5, 2009 and his holographic will was admitted by the probate court on
June 1, 2009. On Jan. 15, 2010, Arnel executed a notarial will complying with all the formalities
required under the law and instituted as sole heir Boyet. Arnel died on Nov. 1, 2010 and Boyet filed a
petition for the probate of the 2nd will. Caloy opposed the probate of the 2nd will contending that the
original will have already been admitted by the probate court. Caloy’s contention is
a. Tenable, because a will which was already been probated is valid and binding against the entire
world, such probate proceeding being in rem
b. Tenable, since the order of the court allowing probate of the will is already final and executory.
c. Not tenable, because even after the probate of his will, the testator can revoke the same before
his death.
d. Not tenable, because ante mortem probate of a will, is prohibited by law.
12. Perlita, single, without any compulsory heir, executed a will on Jan. 1, 2009 instituting her best friend
Ophelia as sole heir to her estate of P10M on the condition that Ophelia shall not marry Rosendo.
Perlita died on Oct. 27, 2009 and 2 months thereafter, Ophelia and Rosendo married each other. Is
Ophelia entitled to inherit the P10M estate of Perlita?
a. Yes, because the condition shall be considered not written being against public policy and
public morality.
b. Yes, because the absolute prohibition not to marry is considered void.
c. No, because this is merely a relative prohibition, violation of which deprives the heir from
inheriting.
d. No, because the condition can be considered not a condition but only an order or statement of
the testatrix.
13. Antonio has 2 legitimate children Basilio and Calixto. Antonio died on April 21, 2008 leaving one parcel
of land with an area of 1,000 sq. meters located in Dasmariñas, Cavite, covered by TCT No. 12345.
On June 1, 2009, Basilio and Calixto made an extra-judicial partition of the lot assigning the northern
portion to Basilio and the southern portion to Calixto but no title has been issued by the Register of
Deeds specifically segregating the lot into metes and bounds. Title remained in the name of Antonio.
Basilio sold his share of the lot to Danilo on Dec. 1, 2010. Can Calixto exercise the right of legal
redemption over the lot sold by his brother Basilio?
a. Yes, because a co-heir can exercise the right of legal redemption within one (1) month from
receipt of written notice of the sale by the vendor.
b. No, because the extra-judicial partition terminated the co-ownership and the right of legal
redemption is no longer available to Calixto.
c. Yes, because the right of legal redemption is always available to a co-heir to prevent a stranger
intruding into the co-ownership.
d. No, because the extra-judicial partition is not valid as it was not recorded in the Registry of
Deeds.
14. Armando has 2 legitimate sons, Benedict and Charlie; legitimate daughter Digna and illegitimate son
Elias. Armando died intestate in 2009. Which among the expenses enumerated below which were
spent by Armando during his lifetime shall not be collated against the legitime of his children?
a. P500K for Benedict’s election expenses.
b. P250K for Charlie’s car.
c. P500K for medical attendance for Elias.
 d. P100K for Digna’s debt with PNB.
15. Eric has a legitimate son Emil. Emil has an illegitimate son Edric. Emil died in 2005. Eric died in 2007
leaving a net hereditary estate of P2M in intestacy. Edric claims the right to inherit from his grandfather
Eric.
a. Edric can inherit from Eric there being no other natural person to inherit from his grandfather.
b. Edric cannot inherit from Eric because of the iron barrier.
c. Edric can inherit from Eric because it was not his fault to be born illegitimate.
d. Edric cannot inherit from Eric because it is against public policy.
16. Abigail executed a notarial will on Nov. 1, 2007 complying with all the formalities required by law. She
requested her best friends to attest the due execution of her will: Benjie, who has one artificial eye;
Cheryl, who is hearing-impaired; Denise, who is mute; and Evangeline. Abigail died on August 16,
2009. If you were the judge, will you allow the probate of Abigail’s will?
a. Yes, there were 3 competent witnesses who attested the due execution of the will.
b. No, the witnesses are disqualified based on Articles 820 & 821 of the Civil Code.
c. Yes, Abigail’s will complied with the formalities required by Arts. 804-806 of the Civil Code.
d. No, the notarial will was not executed in accordance with the formalities required by law.
17. In reserve troncal, the relatives within the 3rd degree belonging to the line where the property came from
inherit from the
a. Origin.
b. Propositus.
c. Reservista.
d. Reservatario.
18. The repudiation or renunciation of the inheritance shall take effect on the date of the
a. Execution of the will by the testator
b. Death of the testator
c. Repudiation by the heir
d. Allowance of the will by the probate court
19. Percival executed a will in 2005 disinheriting his legitimate son Rey for the latter’s unjust refusal to
support him during his lifetime. Percival died in 2007 and during the probate of his will, Sammy, the
legitimate son of Rey, intervened claiming the right to represent his father from the inheritance of his
grandfather. Can Sammy represent his disinherited father?
a. No, the disinheritance affects even the heirs of the validly disinherited heir.
b. Yes, representation is allowed in case of a valid disinheritance.
c. Yes, representation is allowed but only to the extent of the legitime of the validly disinherited
heir.
d. No, substitution and not representation is the remedy of the heir of the disinherited heir.
20. The respective shares in the table of legitimes under testamentary succession of the legitimate parents,
illegitimate children and surviving spouse of the testator are:
a. ½; ¼; ¼
b. ½; ¼; 1/8
c. ½;1/3; 1/3
d. ¼; 1/3; 1/2
21. Arnold, Belinda and Charlie are Dante’s legitimate children. Dante executed a will in 2008 and instituted
Belinda as sole and universal heir, completely omitted Arnold from the inheritance and disinherited
Charlie for not passing the bar when he took it in the year 2007. Distribute Dante’s estate of P900T to
his heirs.
a. Arnold
Belinda P150T each P150T each as
Charlie as legitime share in the FP

b. Arnold P150T each P225T each as

Belinda as legitime share in the FP
Charlie 0 share in FP

c. Arnold P450T as share in FP

Belinda P150T each
Charlie as legitime 0 share in the FP

d. Arnold P225T each P225T each as

Belinda as legitime share in the FP
Charlie 0 legitime 0 share in FP
22. Benjie and Cathy are married. They have legitimate children Dennis, Eliza and Francis. During Benjie’s
lifetime, Dennis renounced his inheritance from his father. Upon Benjie’s death in December 2009, will
the right of accretion apply?
a. Yes, Dennis may renounce his inheritance from his father as this is allowed under Art. 6 of the
Civil Code.
b. Yes, the right of accretion applies when a compulsory heir repudiates the inheritance.
c. No, because the renunciation is void.
d. No, because the renunciation is unenforceable as it is not in writing.
23. Cornelio is the legitimate son of Bernardo. Danilo is the legitimate son of Cornelio. Upon Bernardo’s
death in 2009, Cornelio repudiated his inheritance from his father. Can Cornelio be represented by his
son Danilo in the inheritance from Bernardo?
a. No, because one who repudiates cannot be represented.
b. Yes, the act of repudiation does not affect the right of representation.
c. No, because repudiation of the heir is a stupid act which prejudices every one.
d. Yes, because the act of repudiation is contrary to public policy.
24. The attestation clause of Alberto’s will was not signed by him although it was signed by the three (3)
credible witnesses. In the probate of Alberto’s will, it was opposed based on that ground. Is the
opposition correct?
a. Yes, because Alberto’s failure to sign the attestation clause is a fatal defect.
b. Yes, the attestation clause is an important part of the will and strict compliance with Art. 805 of
the Civil Code must be done by the testator.
c. No, the attestation clause is not an act of the testator.
d. No, the attestation clause is not even a part of the will.
25. Which of the following statements is false?
a. Compulsory heirs may accept or repudiate the legitime because they are called “compulsory”
only because the testator cannot disregard them.
b. Compulsory heirs may accept or repudiate the legitime since no one can compel another to
receive a gift or an economic advantage.
c. Compulsory heirs may accept or repudiate the legitime as no one should be beholden to the
charity of others.
d. Compulsory heirs are given the legitime by the law itself, hence, acceptance of said legitime is
mandatory and compulsory.
26. Probate of a will
a. Occurs only after the death of testator.
b. Conclusive against the entire world.
c. Not subject to appeal.
d. Subject to prescription or estoppel.
27. Romulo executed a will on August 16, 2000 where he stated, among others: “I bequeath to my
brothers, Roy, Rollie and Rody, a legacy of whatever credit balance remains in my savings account
twith BPI at the time of my death, each of my brother receiving 1/3 of said money.” Roy died on March
1, 2000 leaving Rodel, his only son as heir. Romulo died on June 1, 2002 with an estate of P2M
including the P900T remaining balance in his BPI account. The amount that should pertain to Roy
should be adjudicated to
a. Rodel as Roy’s heir , by right of representation.
b. Rollie and Rody, by right of accretion.
c. Romulo’s children, by intestate succession.
d. ½ to Rodel as Roy’s representative and ½ to Romulo’s children in their own right.
28. Rosalie, the illegitimate daughter of Reynaldo and Rosemarie, died intestate, without any ascendant or
descendant. Her estate worth P2M is being claimed by Rosario, the legitimate daughter of her father
Reynaldo and Rodrigo, the legitimate son of her mother Rosemarie. Rosalie’s estate shall be inherited
by
a. Rosario only.
b. Both Rosario and Rodrigo
c. Rodrigo only.
d. Neither Rosario nor Rodrigo.
29. Albert has three sons, Bernie, Carlos and Dennis. Albert made a will instituting as heirs Bernie, Carlos
and Albert’s best friend, Efren, without designation of shares. If Albert’s estate is P12M when he died,
how should the estate be distributed to the heirs?
 a. Bernie, Carlos and Efren will get P4M each because they were instituted without designation of
shares.
b. Bernie, Carlos and Dennis will get P3M each because they are compulsory heirs and Efren will
also get P3M as instituted heir.
c. Bernie, Carlos and Dennis will get P4M each because they are compulsory heirs and Efren gets
nothing.
d. Bernie and Carlos will get P6M each because Efren is not a compulsory heir and Dennis was
not instituted as heir in the will.
30. Leo, a minor, executed a last will and testament. He died at the age of 25 in a tragic vehicular accident,
after which his will was submitted to probate. The will complied with all the formalities of a notarial will
as required by law. Should the will be allowed by the probate court?
a. Yes, because the will is extrinsically valid.
b. Yes, because the testator was capacitated at the moment of death.
c. No, because the will is intrinsically void.
d. No, because the testator was not capacitated when he executed the will.
31. In fidecommissary substitution, the 2nd heir acquires a right to the succession from the time of
a. The fiduciary’s death.
b. The testator’s death.
c. The second heir’s death
d. The testator’s execution of the will.
32. Which of the following questions CANNOT be inquired into by the probate court?
a. Whether the will being offered for probate is the last will and testament of the testator.
b. Whether the will has been executed in accordance with the formalities prescribed by law.
c. Whether the testator had testamentary capacity at the time of the execution of the will.
d. Whether the testamentary dispositions in the will are valid.
33. Rody and Susan were married to each other under articulo mortis. Susan was terminally ill of cancer of
the breast at the time of their marriage. Susan died within 3 months from their marriage due to food
poisoning after eating contaminated “tahong” bought from Cavite. Rody is the sole surviving heir of
Susan. What will be his share as to his legitime from Susan’s estate?
a. The surviving spouse shall inherit the whole NHE.
b. The surviving spouse shall inherit ½ of the NHE.
c. The surviving spouse shall inherit 1/3 of the NHE.
d. The surviving spouse shall inherit ¾ of the NHE.
34. In reserve troncal, after the death of the reservoir and he is survived by uncles and aunts and by
nephews and nieces of the propositus, the reservable property shall be inherited by the:
a. Uncles and aunts to the exclusion of the nephews and nieces.
b. Nephews and nieces to the exclusion of the aunts and uncles.
c. Uncles and aunts and nephews and nieces shall inherit together.
d. Nephews and uncles who are alive, capacitated and willing to inherit.
35. Carlos and Donna were married. They have legitimate children Ernie, Fe, and Gina. During the lifetime
of Carlos, Ernie renounced his inheritance from his father. Carlos died intestate with an estate of P9M.
Donna predeceased Carlos. As to the three legitimate children, will the right of accretion apply?
a. Yes, Ernie has validly renounced his inheritance from his father.
b. Yes, the right of accretion applies because there is a vacant share of one heir.
c. No, because Ernie’s renunciation is void.
d. No, because Ernie’s renunciation was not in writing.
36. Albert executed a will consisting of 10 pages. When Albert died and the will was presented before the
probate court, Connie, one of his children opposed the allowance of the will on the ground that tone of
the pages of said will was not signed at the left hand margin by one of the attesting witnesses,
Bernardo. Rule on this opposition.
a. The instrumental witness Bernardo must sign the will to cure the defect.
b. The defect is fatal, hence, the will should not be allowed.
c. The defect may be considered mere inadvertence of one of the witnesses, hence, will must be
allowed.
d. The will should be disallowed for not complying with the formalities required by law.
37. Simple substitution does not take place when the instituted heir
a. Dies after the testator.
b. Repudiates the inheritance.
c. Dies before the testator.
 d. Is incapacitated to inherit.
38. In a disposition captatoria, the instituted heir must make provisions in his own will in favor of
a. A legatee/devisee of his choice.
b. Another heir of his choice.
c. Testator who executed original will.
d. The state.
39. Anton, single, without any ascendant or descendant, but with legitimate brothers Arnold and Abel,
executed a notarial will on January 2, 2000, complying with all the formalities of law. He instituted as
sole heir to his estate of P10M his girlfriend Annabel. On December 2, 2000, Anton and Annabel parted
ways. On June 1, 2002, Anton executed a holographic will expressly revoking his notarial will. He
instituted as sole heir in his holographic will Archie, his best friend. Anton’s 3 other friends Abet, Araceli
and Abigail knew the contents of the holographic will which they read and re-read the day it was
executed by Anton. On March 9, 2003, while cleaning his drawer, Anton, without intention to revoke,
mistakenly burned the only copy of his holographic will. On June 1, 2004, Anton died. Who will inherit
Anton’s estate?
a. Annabel, as instituted heir in the notarial will.
b. Archie, as instituted heir in the holographic will.
c. Arnold and Abel, as Anton’s legal heirs, applying intestate succession.
d. ½ of the estate to Archie as instituted heir in the holographic will and ½ to Arnold and Abel,
applying intestate succession.
40. Benjie, with intention to revoke, tore his notarial will into pieces, and threw the pieces in the trash bin.
After an hour and some reflection, he retrieved the torn will from the trash bin and taped the pieces
together. Was Benjie’s notarial will validly revoked?
a. No, the act of the testator of taping the pieces together cured the act of destruction.
b. No, revocation by overt act did not take place because the testator changed his mind.
c. Yes, the testator changed his mind after the overt act has been completed.
d. Yes, the will was revoked completely because there can be no partial revocation of a notarial
will.
41. Andrea executed a will which stated: “I instituted my husband as sole heir to my estate of P10M and he
shall not re-marry.” The spouses were childless. Within six months after Andrea’s death, the husband
married his former high school sweetheart who is also a widow with one child. The husband shall:
a. Not inherit his legitime of P5M.
b. Not inherit the FP of P5M.
c. Not inherit the entire estate of P10M.
d. Inherit the entire estate of P10M.
42. The following are capable of succeeding, except:
a. A person who has accused the testator of a crime punishable by imprisonment of less than 6
years, if the accusation has been found groundless.
b. A minister of the gospel who extended financial aid to the testator during his last illness.
c. An attesting witness to the execution of the will, the spouse, parents or children or any one
claiming under such witness, spouse, parent or children.
d. An heir, while being a minor, having knowledge of the violent death of the testator, should fail to
report it to an officer of the law within a month.
43. Henry, the testator, became furious when his sons Ian, Jack, and Kenneth quarreled in his presence
due to dispositions he made in his will. In a fit of anger, he tore his notarial will into pieces. Five days
later, Henry regretted his action, got the torn notarial will from his drawer and pasted the pieces
together. Was there a valid republication of this will?
a. Yes, pasting the torn pieces of a will is an overt act of the testator that could validly republish a
revoked will.
b. No, republication may only be done either by re-execution of the will or by reference to the
revoked will using a codicil.
c. Yes, republication by pasting together torn pieces of the will is an act of re-execution of the will.
d. No, republication of a revoked will can only be done through reference using a codicil.
44. Armando has 2 legitimate sons, Andy and Arnold; 1 legitimate daughter Alice and 1 illegitimate son
Arthur who has a legitimate son Arnel. Armando died in 2008 intestate survived by his 4 children.
Determine which of the following expenses spent by Armando during his lifetime is not collationable,
i.e., not be deducted from the legitime of his compulsory heirs.
a. P100T worth of jewelries given to Arnel.
b. P200T debt of Alice from PNB.
 c. P500T for Arnold’s election campaign expenses.
d. P200T for Andy’s car.
45. Mr. Yu Tao is a Chinese citizen who was domiciled for eight years in Switzerland. While in Japan during
a business trip, he executed his will in accordance with the formalities prescribed by the Civil Code of
the Philippines. Yu Tao died in 2008. The will of Yu Tao is:
a. Valid, because it compiled with the formalities required by law for a will executed by a foreigner
testator.
b. Void, because it did not comply with the national law of the person whose succession is under
consideration.
c. Void, because it did not comply with the law of his domicile based on the renvoi doctrine.
d. Valid, because it complied with the doctrine of lex loci celebrations.
46. Rosario died intestate with an estate of P60K and survived by her legitimate children Roy, Rody, and
Rosalie and illegitimate children Sandra and Tony. The distribution of Rosario’s estate should be:
a. Roy
Rody 10K each as 5K each as
Rosalie legitime share in the FP
Sandra 5K each as P2,500 each as
Tony legitime share in the FP

b. Roy
Rody 10K each as
Rosalie legitime 4K each as share
Sandra 5K each as in the FP
Tony legitime

c. All the children being legal/intestate heirs get equal shares, hence, each shall receive P12K.

d. Roy
Rody 10K each as 20K to be divided equally between them
Rosalie legitime as their share in the FP
Sandra 5K each as No
Tony legitime share in the FP

47. Petros, 28 years old, a Greek national living in Palawan for 2 years, was convicted of estafa in his
country when he was 18 years old. He served his prison term of 5 years in Greece. In his 1st year in
Palawan, he met a vehicular accident and he lost the use of his right eye, became hearing impaired
and can only move around using a wheelchair. Is Petros competent to be a witness to a notarial will?
a. No, Petros is disqualified to be a witness not being a citizen of the Philippines.
b. Yes, Petros is competent based on the qualifications required by law.
c. No, Petros was convicted and imprisoned due to a crime he committed which disqualifies him
from being a competent witness to a will.
d. Yes, Petros is competent provided he personally knows the testator and the 2 other witnesses.
48. Arnel, Brenda, and Carol are the legitimate children of Danilo. Arnel has an outstanding debt with Efren
which he could not pay despite repeated oral and written demands from Efren. On June 1, 2007, Arnel
executed a public instrument renouncing his inheritance in favor of his creditor Efren. He expressly and
categorically state that his waiver of hereditary rights in his free, voluntary and intelligent act. Danilo
died on December 20, 2009. Was there a valid renunciation of hereditary rights by Arnel?
a. Yes, because Arnel’s waiver was his free and voluntary act and this could be considered a valid
dacion en pago.
b. No, because this is a renunciation of future inheritance which is null and void.
c. Yes, because Arnel voluntarily, knowingly and intelligently waived his hereditary rights in a
public instrument which is binding against him and the entire world.
d. No, because Arnel is a compulsory heir who cannot be deprived of his legitime under the law
despite his renunciation of his inheritance.
49. The Attestation Clause of Romy’s will was in a language not known to the three attesting witnesses.
During the probate of this will, it was opposed on that ground. Is the opposition tenable?
a. Yes, because the attestation clause did not comply with the requirements of Art. 805 of the Civil
Code.
b. Yes, because it is a fatal defect considering that the witnesses must understand the language of
the will and the attestation clause.
c. No, because the attestation clause is not even part of the will itself.
d. No, because the attestation clause may be interpreted to the witnesses.
50. Bernie and Cherry were married to each other under articulo mortis. At the time of their marriage,
Bernie was terminally ill of liver cirrhosis. Bernie died from the same illness after 3 months of their
marriage with Cherry as sole surviving heir. What will be Cherry’s legitime from Bernie’s estate?
a. The whole NHE
b. ½ of the NHE
c. 1/3 of the NHE
d. ¾ of the NHE
51. Preterition or the omission of one, some or all of the 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 make the:
a. Will void.
b. Will voidable.
c. Will unenforceable.
d. Institution of heirs annulled.
52. Benjie, a bachelor without any descendant or ascendant, executed a holographic will in 2007 instituting
his best friend Charlie as sole and universal heir to his estate of P10M. In 2009, Benjie executed
another holographic will instituting his brother Daniel as his sole heir. Benjie cannot sign his will so he
just placed his thumb mark on the will intending that thumb mark to be his signature. Benjie died on
Jan. 27, 2010. Is Charlie still the sole heir?
a. No, because the first will has been validly revoke by subsequent will.
b. No, because it was the testator’s intention to change the instituted heir.
c. Yes, because Benjie’s thumb mark could not be considered his valid signature.
d. Yes, because an invalid revoking will cannot revoke and the 2007 will is still operative.
53. Edwin is 20 years ole, of sound mind, but a blind deaf-mute person. He wants to die testate. Can Edwin
execute a valid notarial will?
a. Yes, because he is qualified to be testator being of a legal age and of sound mind.
b. Yes, because he can execute a notarial will following the formalities required under Arts. 804-
808 of the New Civil Code.
c. No, because he is a specially-handicapped person expressly prohibited by law to make a will.
d. No, because the formalities required by law cannot be complied with.
54. Pepe and Pilar were husband and wife. Pilar made a will on Jan. 1, 2009 and gave a legacy of P1M to
Pepe but included a provision in her will ordering Pepe not to re-marry after her death. Pilar died on
Feb. 14, 2010. Four months after her death, Pepe married Osang. Should Pepe be deprived of his
legacy of P1M?
a. Yes, because Pepe violated a condition included by his wife in her will based on Art. 874 of the
New Civil Code.
b. No, because the order was not expressly made as a condition the violation of which shall
deprive the husband of his legacy.
c. Yes, because the wife has the right to impose an absolute condition prohibiting remarriage of
the husband for sentimental and economic reasons.
d. No, because the absolute prohibition to contract a first or subsequent marriage is contrary to
morality and public policy.
55. The extrinsic validity of a will is determined by the law existing at the time
a. The probate court admitted the will
b. The testator executed the will
c. The will was submitted before the probate court
d. The testator died.
56. Conrado executed a one-paged notarial will which was not signed by the testator and the 3 attesting
witnesses at the left hand margin thereof. The will is:
a. Valid, because it complied with the formalities required by law.
b. Valid, because the testator’s express intentions contained in his will must be given effect.
c. Void, because the will did not comply with Art. 805 of the Civil Code.
d. Void, because the witnesses cannot identify the will they attested and subscribed to, said
document not reflecting their marginal signatures.
57. The testator expressly included in his will that the instituted heirs Carlos and Dennis shall be substituted
by Edgar in case the 2 instituted heirs predecease the testator or are incapacitated or repudiate the
inheritance at the time of the opening of the succession of the testator. This kind of substitution is called
a. Simple substitution
b. Brief substitution
c. Compendious substitution
d. Reciprocal substitution.
58. Carlos, a bachelor, without any descendant or ascendant, executed a will on December 15, 2009
instituting Dencio as sole and universal heir to his estate of P1M, subject to a condition that Dencio
shall not drink any alcoholic beverage for two (2) years after the death of the testator. What was
imposed on the instituted heir is a
a. Positive suspensive condition.
b. Negative resolutory condition.
c. Positive potestative condition.
d. Negative potestative condition.
 e. Mixed condition.
59. In the above-mentioned case, suppose Carlos died on June 15, 2010, will Dencio inherit at once the
P1M estate of the testator?
a. Yes, because successional rights are transmitted at the moment of death of the testator.
b. Yes, because Dencio has the option to inherit at once but he must give a bond or security.
c. No, because Dencio has to fulfill the condition imposed on the will even after giving the bond or
the security.
d. No, because the condition imposed is onerous hence, the provisions on obligations and
contracts are applicable.
60. John, Filipino and Jane, an American citizen, are husband and wife. They were domiciled for several
years in Japan although they acquired real and personal properties in the Philippines. On June 1, 2008,
during their vacation in Germany, John and Jane executed a joint will “giving to each other all the
properties they acquired during their lifetime.” Under the law of Germany, joint and reciprocal wills are
valid. On August 16, 2009, John and Jane met a vehicular accident while travelling in Malaysia. John
died while Jane suffered serious physical injuries. Their will was presented for probate before the RTC
of Manila. Should the probate court allow the will of John and Jane?
a. Yes, because the joint will is allowed in the country where it is executed and Philippine law
respects the law of another country under the principle of comity.
b. Yes, because the joint will was executed by one foreigner testator and valid in the country
where it was executed in accordance with lex loci celebrationis.
c. No, because joint wills are prohibited in the Philippines based on Article 819 of the Civil Code.
d. No, because one of the testators who executed the joint will is still alive and probate of the will
should await her death.
61. Jonathan, a widower, has 3 legitimate children Joy, Joey, and Jona. He executed a will in 2009
instituting as heirs to his estate of P12M his sons Joy and Joey and Jonathan’s best friend, Jerry,
without expressly designating their shares. Jonathan died on Oct. 27, 2010. How would you divide
Jonathan’s estate?
a. Joy, Joey, and Jerry will get equal shares of P4M each because they were instituted as heirs
without designation of heirs following Art. 846 NCC.
b. Joy, Joey, and Jona will get P3M each because they are compulsory heirs of Jonathan while
Jerry will also get P3M as instituted heir chosen by the testator.
c. Joy, Joey, and Jona will get P4M each because they are compulsory heirs of the testator and
Jerry gets nothing.
d. Joy and Joey will get P6M each because they are compulsory heirs and instituted heirs; Jona
gets nothing because she was not instituted by her father and Jerry also gets nothing because
he is not a compulsory heir of Jonathan.
62. Maura died on December 1, 2007 leaving a will wherein she devised a house and lot to her best friend
Ophelia with the obligation to preserve and transmit the said house and lot to Pearl, Ophelia’s eldest
daughter. Pearl died on May 1, 2008 survived by her daughters Rosario and Rosalie. On Feb. 14,
2009, Ophelia died without a will survived by her two (2) sons Sonny and Senen and her two (2)
granddaughters Rosario and Rosalie. Who has a better right to inherit this house and lot upon the
death of Ophelia?
a. Rosario and Rosalie shall inherit the property under a valid fideicommissary substitution.
b. Sonny and Senen shall acquire the house and lot by intestate succession being the nearer
relatives of Ophelia.
c. Intestate succession is applicable, hence, ½ of the house and lot goes to Sonny and Senen in
their own right while ½ of the property goes to Rosario and Rosalie by right of representation.
d. There is no fideicommissary substitution, hence, the house and lot will be inherited applying
intestate succession, 1/3 to Sonny, 1/3 to Senen both in their own right and 1/3 to Rosario and
Rosalie by right of representation.
63. Mario who was terminally ill signed the will with Oscar, the 1st witness, at his bedside. Peter and Paul,
the two other witnesses, who are the grandchildren of Mario, both 18 years old, of sound mind and able
to read and write, were playing hide and seek with their friends inside Mario’s room. So as not to be
seen by their playmates, Paul hid inside a big cabinet while Peter stayed inside the bathroom, both
located inside Mario’s room. Mario died on Jan. 1, 2009. Was the signing of the will by the testator
made in the presence of the 3 credible witnesses?
a. Yes, signing was made in the presence of one another because there was opportunity to see
the signing as there was no physical obstruction to impair the vision of the 3 witnesses.
b. No, signing was not made in the presence of one another because Peter and Paul were not
actually looking when the testator signed his will.
c. Yes, signing was made in the presence of one another because all the witnesses are competent
and qualified based on Articles 820 and 821 of the Civil Code.
d. No, signing was not made in the presence of one another because two (2) witnesses were
located in separate areas of the room depriving them of the opportunity to see the signing made
by the testator.
64. Benigno, who was terminally ill, signed his will with Bonnie, the 1st witness, at his bedside. Benjie, the
2nd witness, was in the far side of the room fully engrossed and concentrated in the crossword puzzle
he was doing. Bobot, the 3rd witness, was in the other side of the room, playing scrabble with Benigno’s
 grandchildren. Bonnie, Benjie and Bobot are all of legal age, of sound mind and able to read and write.
Bonnie is hearing impaired; Benjie has one artificial eye and Bobot stutters when he talks. Benigno died
on January 2, 2008. Was signing of the will made in the presence of one another?
a. Yes, signing was made in the presence of one another because there was opportunity to see
the signing and there was no physical obstruction to impair the vision of the 3 witnesses.
b. No, signing was not made in the presence of one another because Benjie and Bobot are not
actually looking when Benigno signed his will.
c. Yes, signing was made in the presence of one another because all of them are qualified as
witnesses based on Articles 820 and 821 of the Civil Code.
d. No, signing was not made in the presence of one another because (2) witnesses are located on
separated areas of the room and are fully concentrated on other activities, depriving them of the
opportunity to see the signing made by the testator.
65. On August 10, 2008, Ambrosio sold to Benigno all the properties he will inherit from his father who died
on January 15, 2008. At the time of the sale, the properties of the father were under judicial
administration and the share of Ambrosio has not yet been determined and delivered to him. Benigno
already gave partial payment of P2000.00 to Ambrosio but no document has been signed yet.
Ambrosio contends that the sale is void being a sale of future inheritance. Do you agree with
Ambrosio’s contention?
a. No, because Ambrosio became the owner of his hereditary share from the moment his father
died, thus, he had the substantive right to sell the property even if said property is still under
probate proceedings.
b. No, because downpayment has already been given and there is already a perfected contract of
sale between Ambrosio and Benigno.
c. Yes, because the properties of the decedent Benigno are still subject to probate and there was
no approval of the probate court for the sale of the property.
d. Yes, because probate is still being undertaken and the share of Ambrosio in the inheritance has
not been determined and delivered to him yet.
66. Ramon died leaving a will instituting his legitimate son Roy and illegitimate son Romy as sole heirs
without designating their shares. The estate of Ramon is P60,000.00. Divide his estate among his
heirs.
a. Heirs instituted without designation of shares inherit in equal parts, hence,
Roy – P30K leg; P7,500.00 FP
Romy – P15K leg; P7,500.00 FP
b. Heirs instituted without designation of shares inherit in equal parts, hence, Roy and Romy get
P30K each.
c. The illegitimate child gets half the share of the legitime child, hence,
Roy – P30K leg; P10K FP
Romy – P15K leg; P5K FP
d. The illegitimate child gets ½ the legitime of the legitimate child but only the legitimate child is
entitled to the FP, hence
Roy – P30K leg; P15K FP
Romy – P15K leg; 0 FP
67. Arnold executed a will in 2003 giving all his properties to his widowed mother Arsenia and to his only
legitimate brother Arnel. In 2005, Arnold executed a 2nd will expressly revoking his 2003 will. In his 2005
will, Arnold instituted as sole heir his mother. In 2008, he executed a 3rd will with the sole provision that
he was expressly revoking the will he executed in 2005. Arnold died on January 1, 2009. Arnel
presented the 2003 will for probate contending that he can still inherit based on said will. If you were the
probate judge, would you allow the 2003 will?
a. Yes, because the intention of the testator was to institute both his mother and only brother as
heir s in his 2003 will.
b. Yes, because under the law testacy is preferred rather than intestacy and for as long as there is
a valid will, the said will should be followed.
c. No, because the 2003 will has been expressly revoked by the 2005 will and the express
revocation took effect immediately under the principle of instanter.
d. No, because the testator executed his 2008 will expressly revoking his 2005 will, hence, the
presumption that he wanted to die intestate rather than testate.
68. The following are primarily compulsory heirs of the testator, except:
a. Legitimate children and their descendants.
b. Illegitimate children and their descendants, whether legitimate or illegitimate.
c. Surviving common-law spouse.
d. Adopted child of the testator.
69. When there is an imperfect description or when no person or property exactly answers the description,
mistakes and omissions must be corrected, if the error appears from the context of the will or from
extrinsic evidence. This ambiguity is called
a. Patent or extrinsic ambiguity.
b. Latent or intrinsic ambiguity.
c. Mixed ambiguity.
d. Original ambiguity.
70. The distribution of the properties of the testator is regulated by the
a. Law existing at the time of the execution of the will.
b. National law of the testator.
c. Law of the place of the execution of the will.
d. Law of the place where the properties are situated.
71. Republication of a will may be made by the testator by doing any of the following, except:
a. Re-execution of the original will.
b. Execution of a codicil.
c. Petition in court.
d. Reference by a codicil.
72. The grounds for the disallowance of a will are
a. Exclusive.
b. Cumulative.
c. Successive.
d. Permissive.
73. Statement No. 1: Persons not incapacitate by law may succeed by will or ab intesto.
Statement No. 2: All persons who are not expressly prohibited by law may make a will.
a. Both statements are correct.
b. Both statements are wrong.
c. Statement no. 1 is correct; statement no. 2 is wrong.
d. Statement no. 2 is correct; statement no. 1 is wrong.
74. The bond or security that must be given by the heir in case a negative potestative condition was
imposed by the testator in his will is called caucion
a. Juratoria.
b. Muciana.
c. Reinvicatoria.
d. Interdictal.
75. Which of the following is NOT true about preterition?
a. Preterition annuls the institution of heirs.
b. Devises and legacies shall be valid provided they are not inofficious.
c. If the omitted compulsory heirs should die before the testator, the institution shall be effectual,
without prejudice to the right of representation.
d. Preterition is the total omission of any of the compulsory heirs, whether living at the time of the
will or born after the death of the testator.
76. The appointment of another heir so that he may enter into the inheritance in default of the heir original
instituted is called
a. Institution.
b. Substitution.
c. Representation.
d. Accretion.
77. The adjudication by an heir of the decedent’s entire estate to himself by means of an affidavit is allowed
only if he is
a. A compulsory heir of the decedent.
b. An instituted heir of the testator.
c. The sole heir of the decedent.
d. The substitute heir of the testator.
78. Representation is applicable in the following instances, except in
a. Predecease.
b. Incapacity.
c. Repudiation.
d. Valid disinheritance.
79. Abigail instituted her friend Benilda as heir in will on the condition that Benilda will never marry. Two (2)
months after Abigail’s death, Benilda married Caloy. Is benilda entitled to inherit from Abigail’s estate?
a. Yes, because the condition is considered not imposed.
b. Yes, because the primordial consideration under the law on succession is the generosity of the
testator.
c. No, because the condition was not complied with by the instituted heir.
d. No, because the express intention of the testator contained in her will was violated by the
instituted heir.
80. Anton had two (2) legitimate children, Basilio and Carlos. Carlos had two (2) legitimate daughters,
Donna and Erica. Carlos died in 2005 and Erica repudiated her inheritance from her father. In the year
2008, Anton died. Can Erica inherit from Anton?
a. Yes, a renouncer may represent but may not be represented.
b. No, a renouncer may not inherit by representation but may be represented.
c. Yes, a renouncer may represent and may be represented.
d. No, a renouncer may not represent and may not be represented.
81. Statement No. 1: The father and mother, if both living shall inherit in equal shares.
 Statement No. 2: Should the only survivors be brothers and sisters of the full blood, they shall
inherit proportionate shares.
a. Both statements are true.
b. Statement no. 1 is correct; statement no. 2 is false.
c. Both statements are wrong.
d. Statement no. 2 is false; statement no. 2 is true.
82. Arman died intestate leaving properties worth P1M. He was survived by his two (2) full-blood brothers
and a half-blood sister. How much is the share of the half-blood sister from Arman’s estate?
a. P400,000.00
b. P500,000.00
c. P200,000.00
d. P300,000.00
83. Assume in the preceding case that his half-blood sister predeceased Arman. How much will each of his
full-blood brothers inherit from his estate?
a. P400,000.00
b. P500,000.00
c. P200,000.00
d. P300,000.00
84. Capacity of the testator is tested at the time of the
a. Execution of the will
b. Death of the testator
c. Submission of the will to the probate court
d. Allowance of the will by the probate court
85. Which of the following statements is true?
a. A person capacitated to make a will is likewise necessarily capacitated to be a witness to the
will of another person.
b. A person who is qualified to be a witness to a will is also capacitated to make a will.
c. A person who is blind cannot make a will and cannot be a witness to a will of another.
d. A person who is deaf and dumb can make a will and can be a witness to a will of another.
86. Cecillia executed a holographic on Jan. 1, 2008 containing several dispositions. In one disposition,
Cecillia bequeathed P100,000.00 each to her friends Diana and Emilia as legacies. On Feb. 14, 2008,
Cecillia changed her mind and crossed-out Emilia’s name in her will. On May 9, 2008, Cecillia died.
What is the effect of the absence of Cecillia’s signature on the erasure/alteration in her will?
a. The entire will is void.
b. The entire will is valid.
c. Only the alteration is void.
d. Intestate succession is applicable.
87. Which of the following statements is true?
a. A will can dispose of the property of the testator during his lifetime provided it is probated while
the testator is alive.
b. A testator may execute a will orally provided he does so in the presence of three credible
witnesses.
c. The making of a will including the acts of typing the will and determining how much shall be
distributed to the testator’s heirs may be delegated by the testator to his lawyer.
d. The right of a person to execute a will is granted by a statute, specifically the Civil Code.
88. Does the requirement that every will must be executed in a language or dialect known to the testator
also apply to holographic will?
a. Yes, the language requirement is intended to ensure that the testator fully understood the
contents of his own will, whether notarial or holographic.
b. Yes, because the testator is presumed to be unable to write in a language unknown to him.
c. No, the language requirement appears in Article 804 NCC which is part of the chapter on
notarial will, hence, said requirement applies only to notarial will.
d. No, because the testator must be free to choose in what language or dialect he will execute his
will.
89. Albert and Bonnie were married to each other but were childless. Albert executed a notarial will with
Bonnie, Cathy and Donna as witnesses. In his will, Albert gave Bonnie a legacy of a car. Upon Albert’s
death, the surviving heirs were Bonnie and Albert’s parents, Eric and Francia. Will Bonnie inherit the
car given to her by Albert in his will?
a. Yes, since she is both a compulsory and an instituted heir of Albert.
b. No, because there was no compliance with Art. 805 NCC with respect to the legacy given in the
will of Albert.
c. Yes, because it was the express intention of the testator, Albert.
d. No, since the will is void because an heir cannot be a witness to a will.
90. To be able to compute the net hereditary estate of the decedent, we must know the following, except:
a. The property of the decedent at the time of his death.
b. The debts, obligations and charges left by the decedent.
c. Collationable donations given by the decedent during his lifetime.
d. The value of the personal and real properties sold by the decedent during his lifetime.
 91. In resereva troncal, he is the descendant (or brother or sister) whose death gives rise to the reserve
and from whom the 3rd degree is counted from, and he is called the
a. Reservatario.
b. Origin.
c. Propositus.
d. Reservista.
92. The following shall be sufficient cause for the disinheritance of parents or ascendants, whether
legitimate or illegitimate, except:
a. Loss of parental authority for causes specified in the Civil Code.
b. Child or descendant has been convicted of adultery or concubinage with the spouse of the
testator.
c. Refusal to support the children or descendants without justifiable cause.
d. An attempt by one of the parents against the life of the other, unless there has been a
reconciliation between them.
93. Legal or intestate succession takes place in the following instances, except:
a. If a person dies without a will.
b. When the will does not dispose of all the property belonging to the testator.
c. When the heir instituted is incapable of succeeding.
d. If the heir repudiates the inheritance, there being substitution and accretion takes place.
94. Anita, 90 years old, executed a will with her friend Benita, her niece Consuela and a notary public, Atty.
Dela Cruz as witnesses. Due to old age and her lingering illness, Anita just affixed her thumb mark on
the will instead of signing it. Benita signed at the right-hand margin of all the pages while Consuelo’s
attention was focused on the crossword puzzle she was solving. Benita, Consuelo, and Atty. Dela Cruz
signed the will which Atty. Dela Cruz immediately notarized in the presence of Anita, Benita, and
Consuelo. Anita’s will is void because
a. Benita signed at the right hand margin of the will.
b. Anita failed to sign her will.
c. Consuelo did not actually see the signing made by Benita.
d. There was lack of witnesses as required by law.
95. Which of the following statements is false with respect to legitimes under testate succession?
a. Legitimate children, surviving alone, are entitled to ½ of the NHE.
b. Surviving spouse, surviving with one legitimate child is entitled to the same legitime as the
legitimate child.
c. Legitimate parents, surviving with the legal wife, is entitled to ½ of the NHE.
d. Illegitimate children, surviving alone, are entitled to ½ of the NHE.
96. The main reason for prohibiting a disposition captatoria is because this
a. Is an absurd disposition and unlikely to be followed.
b. Makes the execution of a will a bilateral and contractual act.
c. Goes against the intention of the heir.
d. Is tainted with fraud and bad faith.
97. Under Art. 16 (2) of the Civil Code, which of the following shall NOT be regulated by the national law of
the person whose succession is under consideration?
a. Order of succession.
b. Amount of successional rights.
c. Preterition.
d. Extrinsic validity of the will.
98. Who among the following CANNOT be disinherited by the testator?
a. Parent who left her 1-month-old child at the door of a church.
b. Son who attempted to kill his father but was not convicted of the offense.
c. Daughter who is engaged in prostitution.
d. Spouse who gave cause for legal separation.
99. Which of the following statements is NOT correct?
a. To have a valid fideicommissary substitution, both the 1st and 2nd heirs must be alive at the time
of testator’s death.
b. A fideicommissary substitution must not impair the legitime of any compulsory heir of the
testator.
c. The fiduciary and fideicommissary heirs must be related to the testator by only one degree.
d. The nullity of the fieicommissary substitution does not nullify the institution of the first heir.
100.While employed as engineer in Saudi Arabia, Anton executed a will on Jan. 1, 2010 entirely written by
him and signed by him, in English, a language known to him. According to the law of Saudi Arabia, a
holographic will is considered valid if it was entirely written and signed by the testator. Anton died on Feb.
25, 2011 and his will was submitted before the RTC of Manila for probate. The probate court should
a. Allow the will because it was executed in accordance with lex loci celebrationis.
b. Disallow the will because it did not comply with the national law of the testator.
c. Allow the will because the testator was capacitated at the time of the execution of the will.
d. Disallow the will because a holographic will must be entirely written, dated and signed by the
hand of the testator to be valid in the Philippines.