SUCCESSION

(Articles 774-886)

I
A. The attestation clause of the will omits to state that the testator signed in
the presence of the witnesses and that the latter signed in the presence of
the testator and of one another. May evidence aliunde be admitted to
prove these facts to allow the probate of the will? Explain.

B. Through negligence, one of the three (3) witnesses to a will forgot to sign
on the third page of the original five-page will, but was able to sign on all
the pages of the duplicate. All other requisites were complied with. Can
the will be admitted to probate? Explain.

II
A. “A”, a Filipino, while travelling in Tokyo, Japan, executed his will before a
diplomatic official of the Philippines. Only two (2) witnesses signed the
attestation clause. Upon his return to the Philippines, “A” filed a petition to
probate the will. The petition is opposed on the ground that the will is not
attested by three (3) witnesses. Assuming that in Japan only two witnesses
are required to attest a will, may the will of “A” be admitted to probate?
Why?
B. An Englishman, who has resided in the Philippines for a long time, executed
a will in France, disposing of his real and personal properties in the
Philippines. What law governs the validity of his will? Why?

III
A. What is preterition? What are its requisites? What are its effect?
B. What are the different limitations imposed by law upon fideicommissary
substitution?
IV
A. In probate proceedings, what are the only questions which probate court
can determine?
B. Distinguish attestation from subscription.
C. What are the characteristics of a will?
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A. On his deathbed, “A” was executing a will. In the room were “B”, “C”, “D”
and Atty. “E”, a notary public. Suddenly, there was a street brawl which
caught “C”’s attention and prompting him to look out the window. “C” did
not see “A” sign a will. Is the will valid? Reason.

B. “A”, a bachelor without any descendant or ascendant, wrote a last will and
testament in which he devised “all the properties of which I may be
possessed at the time of my death” to his favorite brother Manuel. At the
time he wrote the will, he owned only one parcel of land. By the time he
died, “A” owned ten (10) parcels of land. His other brothers and sisters
insist that his will should pass only the parcel of land he owned at the time
it was written, and did not cover his properties acquired which should pass
by intestate succession. Manuel claims otherwise. Who is correct? Why?

VI
A. “V” died on April 14, 1990, leaving behind a holographic will which is
entirely written, dated, and signed in her own handwriting. However, it
contains insertions and cancellations which are not authenticated by her
signature. For this reason, the probate of “V”’s will was opposed by her
relatives who stood to inherit by her intestacy. May “V”s holographic will
be probated? Explain.
B. In the making of a will what does “sound mind” mean?

VII
A. “J” with no known relatives, executed a notarial will giving all his estate to
his girlfriend “Y”. One day, he had serious altercation with “Y”. A few days
later, he was introduced to a charming lady who later became a dear
sweetheart. Soon after, he executed a holographic will expressly revoking
the notarial will and so designating his new dear sweetheart as sole heir.
One day, when he was clearing up his desk, “J” mistakenly burned, along
with other papers, the only copy of his holographic will. His business
associate, “E”, knew well the content of the holographic will which was

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 shown to him by “J” the day it was executed. A few days after the burning
incident, “J” died. Both will were sought to be probated in two (2) petitions.
Will either or both petitions prosper? Explain.

B. “M”, a Filipino, and his American wife, “E”, executed a joint will in Boston,
Massachusetts when they were residing in said city. The law of
Massachusetts allows the execution of joint wills. Shortly thereafter, “E”
died. Can the said will be probated in the Philippines for the settlement of
her estate? Explain.
VIII
A. “R” executed a will completely valid as to form. A week later, however, he
executed another will which expressly revoked his first will, following which
he tore his first will to pieces. Upon the death of “R”, his second will was
presented for probate by his heirs but it was denied probate due to form
defects. Assuming that a copy of the first will is available, may it now be
admitted to probate and given effect? Why?
B. “D” died after executing a last will and testament leaving his estate valued
at 5 million pesos to his common-law wife “W”. He is survived by his
brother “R” and his half-sister “M”.
1. Was “D”s testamentary disposition of his estate in accordance with law
on succession? Whether you agree or not, explain your answer.

IX
A. What is the effect if an heir, legatee, or devisee is instituted subject to a
suspensive (ex dei) or resolutory (in diem) or period?
B. What is the effect if an heir, legatee, or devisee is instituted subject to the
fulfillment of a mode or obligation?

X
A. What is meant by “disposicion captatoria”? Give its rationale.
B. In a will, what is the effect of an absolute condition not to contract a first or
subsequent marriage? Is there an exception?
C. If the condition is not absolute but relative, will that make any difference in
your answer?

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 XI
A. “A” died in 1990 with a will, he devised a house and lot to “B” as fiduciary
heir and to the latter’s son “C”, as fideicommissary substitute, declaring
that said property shall not be alienated for fifty (50) years. “B” died in
2005. May “C” now validly alienate the property?
B. What is legitime? What are the concepts of legitime?

XII
A. State the nature of the rights of fiduciary heir and the fideicommissary
substitute with respect to the property which is the subject matter of the
substitution?
B. What are the obligations of the fiduciary heir? When shall the property be
transmitted to the fideicommissary substitute?

XIII
A. “A” executed a holographic will prior to his death. The will contains only
one testamentary disposition whereby she instituted her sister, “B” as
universal heir. When the will was presented for probate, her parents, "F”
and “M”, who were her only surviving compulsory heirs, opposed the
probate on the ground of preterition. “B” however contended that the
question of preterition is outside the jurisdiction of the court. The court
held that the will is a complete nullity resulting in total intestacy. Is this
decision correct? Explain.
B. “A” is twice a widower. He has three (3) children by his first marriage and
two (2) children by his second marriage. In his will, “A” institutes as his
exclusive heirs the children of the second marriage. What is the effect on
the will of the preterition of “A”’s children by the first marriage? Upon “A”’s
death, how will hereditary property be divided?

XIV
A. “A”, an adopted child, is omitted in the last will and testament of “Z”, his
adopter. Would there be preterition within the meaning of Article 854?
Would there be preterition if the wife is omitted in the will? Why?
B. What are the grounds for the disallowance of a will?

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 XV
A. Give the characteristics of probate proceedings.

B. “A” executed two (2) wills. Under the first will, “B” is the only beneficiary,
while under the second will, “C” is the only beneficiary. Subsequently, he
executed a codicil wherein he expressly revoked the second will. May the
first will now be admitted to probate as his last will and testament?

XVI
A. State the different modes of revocation.
B. Cite at least three (3) instances under the Civil Code when a will or a
testamentary disposition is considered revoked by implication of law.

XVII
A. What is the attestation clause? Give its purpose. State the essential facts
which must be stated in it.
B. If a person under the will is a beneficiary under the will, is he competent to
act as an instrumental witness?
XVIII
A. What requisites must concur in order that a person can make a will? What
is meant by “sound mind”?
B. Explain the following principles: equality, individuality and simultaneity.

XIX
A. Give the aspects of succession and state the law governing them.
B. Give, explain and give each an example of the kinds of ambiguity in a will.

XX
A. Explain the doctrine of liberal interpretation or substantial compliance.
Give its effect.
B. When are probate proceedings considered terminated?
C. Define succession and give its bases.