Wednesday, October 26, 2011

1. T made a will making A as his heir. T, then learned that A was dead, so he made another will instituting B as heir. If A turns out to be still alive who inherits? (p. 103)
2. In one case, a will was presented twelve years after the death of the testator. IT was claimed that the right to institute the proceedings already prescribed. Is the contention correct? (p. 129)
3. T has three sons, A, B, and C. T made a will instituting A, B, and a friend F. C was omitted. IF the estate is P90,000, how should the same be distributed? (p. 157)

4. T has three legitimate children, two of whom he instituted as heirs, and one of whom he preterited. A legacy of P10,000 from an estate of P100,000 was given to a friend. How much should the children receive? (p. 160)

5. Joseph C. Brimo’s will provided that even if he was a Turk, still he wanted his estate disposed of in accordance with Philippine laws; and that should any of his legatees oppose this intention of his, his or her legacy would be cancelled. Andre Brimo, one of the brothers of the deceased, did not want this disposition in accordance with Philippines laws, and so he opposed practically every move that would divide the estate in accordance with Philippines laws. Does Andre Brimo lose his legacy? (p. 196)

6. State who are the primary compulsory heirs? What makes them different from the secondary compulsory heirs? (p. 228)

7. A person claiming to be an illegitimate child wanted to intervene in the probate proceedings. She alleged that she enjoyed the status of a child of the deceased and that she had evidence indicating that the decedent was her father. Should she be allowed to intervene and thus inherit? (p. 229)

8. a) A will provided,” I will disinherit some of my children because of their disgraceful lives”. Is this a valid disinheritance? (B) T validly disinherited a child in his will, but he later revoked the will. Is this a valid disinheritance? (c) In his will T disinherited his child, and the said child should only get 2/3 of his legitime. Will the child inherit? How much if any? (d) T has a son A. In his will T said, “If A tries to kill me, I will disinherit him”. Later A really tried to kill T and was duly convicted therefor. T however never made any other will. Has A been validly disinherited? Will A inherit anything? Why? (e) The testator in his will said, “I hereby disinherit my child but if he reforms from his disgraceful life, this disinheritance will be void”. Is this a valid provision? (p. 297)

9. The estate is worth P120,000. A, B, and C are the legitimate children of D. X and Y are the legitimate children of A; W, the legitimate child of B; and Z, the legitimate child of C. (a) IF A, B, and C repudiate the inheritance, how will the estate be divided? How much does each get? (b) Suppose A, B, and C are all incapacitated, how will the grandchildren inherit? (c) Suppose A, B, and C all predeceased D, how will the grandchildren inherit? (p. 374).

10. A has a legitimate child B and an acknowledged natural child C. B has a legitimate child D, and an acknowledged natural child E. C has a legitimate child F, and an acknowledged natural child G. If B and C predecease A, and surviving are four grandchildren, will they inherit intestate from A? Explain your answer. (p. 398)

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