NAME:_________________________________________________ SECTION:______________________

True or False

1. It is essential that the testator be of sound mind at the time he executes his will but it is not
necessary that he be in full possession of all his reasoning faculties.
2. Succession is a mode of acquisition by virtue of which the property, rights and I obligations of a
person are transmitted to others upon his death.
3. Donor's tax is not an excise tax.
4. The making of a person's will may be left in part to the discretion of a third person.
5. Estate tax is an excise tax.
6. A decedent if he left a will is called the testator.
7. The law presumes that every person is of sound mind in the absence of proof to the contrary.
8. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment
the succession opens, except in case of representation, when it is proper.
9. An executor is a person appointed by the court to administer the assets and liabilities of a
decedent.
10. Persons of either sex under eighteen years of age cannot make a will.
11. A will may be revoked by the testator at any time before his death.
12. The right of the owner to enjoy and dispose of a thing is absolute.
13. The rights to the succession are transmitted from the moment of death of the heir.
14. A transfer is said to be gratuitous when there is consideration for the transfer.
15. An administrator is a person appointed by the testator to carry out the directions and requests in
his will.
16. Representation is a right created by fiction of law by virtue of which the representative is raised
to the place and degree of the person represented and acquires the rights which the latter would
have if he were living or if he could have inherited.
17. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages.
18. Under the law on legitimes, if the only survivor is the widow or widower, she or he shall be entitled
to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose
of the other half.
19. Disinheritance can be effected only through a will but the legal cause therefor may not be
specified.
20. The last will may not be modified even if the disposition of the decedent's estate impairs the
legitime of his compulsory heirs.
21. The surviving spouse is not entitled to his legitime if all other compulsory heirs exist.
22. Brothers and sisters of the decedent are not compulsory heirs.
23. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the
right of representation when it properly takes place.
24. Legitime is that part of the testator's property which he cannot dispose of because the law has
reserved it for compulsory heirs.
25. Half-blood relationship is that existing between persons who have the same father, but not the
same mother, or the same mother, but not the same father.

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 Multiple Choice

1. Probate of a will involves the following processes. Which one is not?

a. collecting the decedent's estate
b. liquidating liabilities and paying necessary taxes
c. distributing property to the heirs
d. collecting the heir's estate

2. Which is not true about acceptance of an inheritance?

a. The acceptance of an inheritance may be express or tacit.
b. An express acceptance of an inheritance may be made in a public or private document.
c. The acceptance or repudiation of an inheritance takes effect upon the acceptance or
repudiation.
d. An heir may accept or repudiate an inheritance.

3. Which is not true about inheritance?

a. Inheritance includes property, rights and obligations extinguished by a person's death.
b. Inheritance includes property, rights and obligations of a person that have accrued since the
opening of the succession.
c. Inheritance includes devise and legacy.
d. Inheritance includes property, rights and obligations of a person existing at the time of death.

4. Which is not true about successor?

a. If an heir is called to the succession by will, he is called voluntary heir.
b. Devisees and legatees are persons to whom gifts of real and personal property, respectively,
are given without a will.
c. If an heir is called to the succession by operation of law, he is called legal or intestate heir.
d. Heirs, devisees and legatees are all successors.

5. Which is not true about the execution of a will by a married woman?

a. A married woman can make a will only by authority of the court.
b. A married woman can make a will without the consent of her husband.
c. A married woman may dispose by will of all her separate property.
d. A married woman may dispose by will of all her share of the conjugal partnership or absolute
community property.

6. In donation, donor's tax is imposed as ownership of the property passes

a. from the decedent to the heir.
b. from the donee to the donor.
c. from the donor to the donee.
d. from the heir to his successor.

7. Which is not a kind of succession?

a. mixed testamentary and testate
b. mixed testamentary and intestate

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 c. testamentary
d. legal

8. Following are modes by which ownership and other real rights over property may be acquired
and transmitted. Which one is not?
a. Claim
b. Prescription
c. donation
d. succession

9. It is a tax levied on the transmission of property from a prior decedent to his heirs.
a. donor's tax
b. estate tax
c. decedent's tax
d. heir's tax

10. Estate tax is imposed upon a/an

a. decedent
b. heir
c. property
d. right

11. Should a spouse survive together with illegitimate children of the decedent,
a. the free portion is one-third the hereditary estate.
b. the legitime of the surviving spouse is one-half the hereditary estate.
c. the legitime of the illegitimate children is one-half the hereditary estate.
d. the free portion is one-half the hereditary estate.

12. If the decedent has no legitimate children/descendants, no surviving spouse and no illegitimate
children/descendants, the legitime of legitimate parents/ascendants is
a. the entire estate.
b. one-fourth the hereditary estate.
c. one-half the hereditary estate.
d. none.

13. The following are causes for disinheriting a child. Which one is not?
a. when a child marries a person other than the testator's choice
b. when a child has been found guilty of an attempt against the life of the testator
c. when a child has been convicted of adultery or concubinage with the spouse of the testator
d. when a child leads a dishonorable or disgraceful life

14. Which is not true? If the decedent has no legitimate children/descendants and no illegitimate
children/descendants,
a. the free portion is one-fourth the hereditary estate.

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 b. the free portion is three-fourth the hereditary estate.
c. the legitime of legitimate parents/ascendants is one-half the hereditary estate.
d. the legitime of surviving spouse is one-fourth the hereditary estate.

15. The following are causes for disinheriting a spouse. Which one is not?
a. when the spouse has accused the testator of a crime for which the law prescribes
imprisonment for six years or more, and the accusation has been found to be false
b. when the spouse justifiably refuses to support the children or the other spouse
c. when the spouse by fraud, violence, intimidation, or undue influence causes the testator to
make a will or to change one already made
d. when the spouse has given cause for legal separation

16. Who among the following is not a compulsory heir?

a. legitimate child
b. illegitimate child
c. illegitimate parent
d. legitimate parent

17. In which of the following cases is a will invalid?

a. when no heir has been instituted
b. when the institution does not cover the entire estate
c. when the instituted heir is incapacitated to succeed
d. when the will was executed in a language not known to the testator

18. The law requires certain formalities in the execution of a will. Which one is not?
a. If in a will the signature of the testator is contested, at least one witness is required.
b. Every will must be in writing and executed in a language known to the testator.
c. A holographic will is a will entirely written by the testator with his own hand and not
witnessed or attested.
d. The will of an alien residing abroad produces effect in the Philippines if made in conformity
with the formalities prescribed by the law of the place in which he resides.

19. Which of the following is true about the legitime of legitimate children/descendants?
a. The legitime of legitimate children/descendants is one-half the hereditary estate of the father
and of the mother.
b. Legitimate children/descendants exclude legitimate parents/ascendants.
c. The legitime of a legitimate child is one-half that of an illegitimate child.
d. If there is only one legitimate child/descendant, his legitime is one-half the hereditary estate.

20. Mr. X executed a second will a month after he executed the first one. The second will is silent as
to the first will. What effect does the second will produce?
a. The second will is void because Mr. X waived his right to revoke the first will.
b. The second will annuls provisions in the first will that are inconsistent with the second will
c. The first will is automatically revoked because of the existence of a subsequent will

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 d. The first will shall subsist over the second will because it is the original will.

21. Right of representation

a. takes place in the direct descending line.
b. takes place in the direct ascending line.
c. takes place in favor of children of nephews and nieces.
d. takes place in favor of children of nephews and nieces, whether full or half blood.

22. Which of the following statements is not true as regards intestate succession?
a. If only the spouse survives, he shall inherit the entire estate.
b. When two legitimate children with the spouse survive, each is entitled to one-third of the
estate.
c. If only the legitimate parents survive, the entire estate goes to them.
d. Collateral relatives shall succeed half the entire estate while the other half goes to the State.

23. In default of persons entitled to succeed in accordance with law

a. the estate will be preserved.
b. the estate will be preserved for ten years afterwhich it shall be given to charity.
c. the estate will be given to charity at once.
d. the estate will be inherited by the State.

24. Who is not an intestate heir?

a. surviving spouse
b. collateral relatives within the S degree
c. illegitimate parents/ascendants
d. State

25. In a legal succession

a. only full blood brothers and sisters may inherit.
b. half blood brothers and sisters are not considered collateral relatives.
c. even half blood brothers and sisters may inherit.
d. full blood brothers and sisters do not inherit

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