WILLS ANDSUCCESSlON-2020-2021

FINAL EXAMINATION

1. a. What is Legitime?
b. Is the entire estate of the decedent reserved as legitime for his
compulsory heirs? Can he squander all his properties during his lifetime
Explain your answer?

2. a. If the decedent is a legitimate person, who are his compulsory

heirs?
b. What about if the decedent is an illegitimate person, who are his
compulsory heirs?

3. a. What is disposable free portion?

b. Is there any difference between free portion and disposable free
portion of the estate of the decedent? Justify your answer.

4. a. What is reserva troncal?

b. What are the essential requisites of reserva troncal?

5. a. What is meant by collation?

b. In testamentary succession, are all donations inter vivos
subject to collation? Why? Explain your answer.
c. If the donation inter vivos was made to a compulsory heir,
where will its value be charged? What about if the same is made
to a stranger, where will its value be imputed? Justify your
answer.

6. a. Testator A is survived by his widow,

B and his legitimate children, namely, X and However,
Y. The net value of A's estate is during his
lifetime, he gambled in the casino and lost Is
his loss be brought to collation in order to determine the legitime of
his children and the wife? Explain your answer.

b. Supposing that in the above problem, Testator A donated the said

to his friend F, is said amount be subject to collation?
Explain your answer.
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7. X has two (2) legitimate children, namely, A and B. He executed a will
instituting A and his friend F as his heirs and gave a legacy of
Php100,OOO.OO to his former bodyguard Y. However, he expressly
disinherited B but without specifying the reason therefore. Upon his death,
X's estate has a net value of How will the said amount be
distributed? If there is still undisposed portion of X's estate, who will
inherit the same? Explain your answer.

8. a. When does legal or intestate succession take place?

b. What is meant by:
the principle of preference of lines in intestate succession?
the principle of proximity?

9. X died intestate, survived by his nephews, namely, A, B and C, sons of

his predeceased brother, Y; and D and E, his grandnephews who are the
children of his predeceased niece, Z. Grandnephews D and E claim that
they have the right to inherit from the estate of X by right of
representation of their parent, Z. Is their claim tenable? Defend your
answer.

10.a. What is accretion?

b. When does the right of accretion take place?

c. Testator X, in his last will, bequeathed to his nephews,

namely, A, B and C any remaining amount he has deposited in the
Land Bank. However, A predeceased X leaving his sons, Y and Z. When
Testator X died, the remaining amount deposited in the bank is

The amount of that would have been the share of A is

claimed by :
a. A's children, Y and Z, by right of representation;
b. B and C, by right of accretion;
c. The children of X, by right of intestate succession.
Who among them are entitled to the share of A in the amount of
Defend your answer.
*GOOD LUCK*

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