INSTRUCTION: The test consists of 50 questions. Choose what
you think is the best answer among the five choices. Write the letter of your
choice in the given answer sheet. Do not
make marks or write anything on the questionnaire.
1. Where the reservatario was
survived by eleven nephews and nieces of the praepositus in the line of
origin, four of whole blood and seven of half blood-
(A) all eleven were not entitled to the reversionary
property
(b) they are entitled in equal shares
(c) the principles of intestacy are
controlling
(d)
the nephews and nieces of whole blood were each entitled to a share
double that of each of the nephews and nieces of half
(e) reserve troncal is not
applicable.
2.
The reserva troncal is a special rule designed primarily to assure
the return of the reservable property to the
(a) third degree from the reservor
(b) third degree from the
reservatarios
( c) third degree relatives
(d) third degree from reservista
(e) third degree from descendant
belonging to the line from which the property
originally came, and avoid its being dissipated into and by the relatives of
the inheriting ascendant.
3.
The reservable property should pass,
not to all the reservatarios as a class but only to those nearest in
degree to the
(A)descendant
(prepositus) excluding those reservatarios of more remote degree (B) reservista (c) reservor (d) ascendant (prepositus) (e) descendant of
the direct line
4.
Should brothers and sisters or their
children survive with the widow or widower, the latter shall be entitled to (a) one-half (b) 1/8 (c)
1/3 (d) ¼ (e) all of the inheritance .
5.
Should the only survivors be brothers
and sisters of the full blood, they shall inherit in (a) equal shares (b)nothing (c) ¼ per stirpes (d) ½ per capita (e) all the property.
6.
Should there be neither brothers nor
sisters, nor children of brothers or sisters, the other collateral relatives
shall succeed to the estate as (a) a
whole (b)only on-half of the estate (c) ¼
of the estate (d) one-third (e) only 1/3
of the estate.
7.
In the absence of brothers or sisters
and of nephews or nieces, children of the former, whether of the whole blood or
not, the surviving spouse, if not separated by a final decree of divorce shall
succeed to (a)
the entire (b) ½
(c) 1/3 (d) ¼ (e) 1/8
estate of the deceased
8.
Should there be neither brothers nor
sisters, nor children of brothers or sisters, nor a surviving spouse, who shall
inherit? (a) the other collateral relatives (b) the state (c) the uncles and aunts (d) the maternal parents (e)
grandparents shall succeed to the estate
of deceased.
9.
It is likewise clear that the
reservable property is (a) not a part of the estate of the reservista
(b) he may not dispose of it by will (c) he returns it to the reservatarios
existing (d) all of the above (e)none of the above.
10.
Which of the following statements is
NOT correct concerning the reservatarios? They-
(a)
inherit from the reservista
(b) do not inherit from the reservista
(c)
inherit from the descendant prepositus
(d) are the heirs mortis causa
(e) are subject to the condition that they must
survive the reservista
11.
Which statement is correct? (a)
The reservatario is not the reservista's successor mortis causa
(b) nor is the reservable property part of the reservista's estate (c) the
reservatario receives the property as a conditional heir of the
descendant (prepositus) (d) all of the above (e) none of the above
12.
That
which results from the designation of an heir, made in a will executed in the
form prescribed by law is known as (a) testamentary succession (b)
accretion (c) respresentation (d)
collation (e) substitution
13.
The
words of a will are to be taken in their (a) ordinary sense (b) grammatical sense (c) technical
sense (d) ordinary and grammatical sense (e) depends on the clear intention of the testator
14.
The
invalidity of one of several dispositions contained in a will (a) invalidate the other dispositions (b) does not result in the invalidity of the
other dispositions
(c) invalidates only some (D) depends on the will of the testator (e) depends on the result of
the probate
15.
The
validity of a will as to its form depends upon the observance of the law (a) where he resides (b) where the will is
made (c) in
force at the time it is made (d)
all of the above (e) none of the above
116. Which of the following cannot make a
will? (a) a Filipino residing in the U.S. (B) a boy who just turned 18 (c) a
woman who is sick with diabetes (d) a dying old man (e) a demented grandmother
17.
“A”
died without a will survived by (a) his widow “w” (b) his legitimate brothers,
B and C and (c)his nephews E and F who
are the children of a deceased sister D. The net remainder of the estate is
P24,000.
Which
of the following statement is correct? (a) W gets 4,000 (b) W gets 8,000 (c) E gets 2,000 (d) C gets 2,000 (e) F gets 4,000
18.
Who
can demand the partition of the decedent’s estate after his death? (a) any
compulsory heir (b) a legatee (c) a devisee (d) a voluntary heir (d) a
creditor (e) all of the above
19.
Which
of the statement is NOT correct?
(a)Every will must be subscribed at the end thereof by the testator himself (b) or by the testator's name written by some
other person in his presence (c) and by
his express direction (d) and attested
and subscribed by three or more credible witnesses in the presence of the
testator and of one another (e) to include a holographic will.
20.
There
can be no partition when
(a)prohibited by the testator
for more than 20 years (b)
prohibited by the testator for 10 years (c) when the co-heirs agreed not to partition for 30
years (d) the law cannot prohibit partition (e) the heirs cannot agree
21.
Can
a thing or an entity which is neither a natural nor a juridical person inherit
in a will? (a) yes they can generally (b) no they cannot as a general rule as it is prohited by law (c) no, and this applies to a
religious organization (d) yes the “poor” as a class not being identified specifically cannot be
heirs (e) no because a heir has to be living in order to inherit.
222. Every will must be acknowledged
before a (a) judge (b) lawyer (c) notary public (d) at least three witness
(e) a person authorized to administer oath by the testator and the
witnesses.
23.
If
the testator is blind, the will shall be read to him twice; once, by one of the
subscribing witnesses, and again, by (a) the lawyer who prepared the document (b) by the notary public before whom the
will is acknowledged
(c) either of the two will do (d) a judge of the probate court (e) the Clerk of
Court.
24.
Which
is CORRECT about a holographic will? (A) A person may execute a holographic will
which must be written, dated by the hand of the testator himself. It is subject
to (b) it is subject to no other form, (b) must be made only in the
Philippines (c) be witnessed by at least one person (d) acknowledged before a
notary public (e) need not be probated if not contested.
25.
Which
is NOT correct about a holographic will?
(a)In the probate of a holographic will, it shall be necessary that at least
one witness who knows the handwriting and signature of the testator explicitly
declare that the will and the signature are in the handwriting of the testator (b) If the will is contested, at least one
of such witnesses shall be required (c) In case of any insertion, cancellation, erasure or
alteration in a holographic will, the testator must authenticate the same by
his full signature (d) When a Filipino is in a foreign country, he is
authorized to make a will in any of the forms established by the law of the
country in which he may be. Such will may be probated in the Philippines (e) )
If the will is contested, at least three
of such witnesses shall be required
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Problem 26: X died intestate survived
by (1) A,B, C, D and E his legitimate children (2) F and G, legitimate children
of C, a legitimate son of X who predeceased him (3) H and I legitimate children
of D and (4) J and K, legitimate
children of E. D, however is incapacitated to inherit from X because of an act
of unworthiness, while E repudiated his inheritance. The net value of the estate
is P120,000.
Questions 26, 27, 28, 29, and 30 will
be based on the above problem.
26.
A
by his right of accretion gets (a) P24,000 (b) 12,000 (c) 12,000 in his own right (d)
36,000 (e) 6,000 only.
27.
By
right of representation G gets (a) 12,000 (b) 24,000 (c) 6,000 (d) 4,000 (e)
36,000
28.
IN
totality who should get P36,000 (a) A only (b) B only (c) A and B (D) F and I
(E) I only
29.
Which
of the following shares are rendered vacant? (a) C only (b) D only (c) E and C
(d) C, D, and E (e) G
30.
Which
of the following statement is NOT
correct (a) F and G can represent C (b) H and I can represent their
father D (C) J and K cannot represent their father E (d) none of the above (e) all of the above.
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Problem 31: X an employee of the
Department of Foreign affairs died intestate in 1976 survived by his widow W,
legitimate child A, and two illegitimate children B and C. The record shows
that he failed to state in his GSIS application for membership the
beneficiaries of his retirement benefits which amounted to P80,000. Questions
31, 32, 33 and 34 shall be based on the above problem.
31.
“W” shall get
(a) P20,000 (B) 40,000 (C) 10,000
(D) 5,000 (E) 4,000
32.
C shall be entitled to
(a) ½ (b) ¼ (c) 1/8 (d) 1/3 (e) 1/6
33.
A shall be entitled to (a) 20,000 (b) 40,000 (c) 10,000 (d) 5,000
(e) 4,000
34.
The free portion in this problem is actually (a) ½ (b) ¼ (c) 1/3 (d) 1/8 (e)
1/6 of the remaining estate.
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35.
The
will of an alien who is abroad produces effect in the Philippines if (a) made
with the formalities prescribed by the law of the place in which he resides, (b)
or according to the formalities observed in his country,(c) or in conformity
with those which this Code prescribes (d) all of the above
(e) none of the above
36.
Which
of the following is correct? (a) Two or
more persons cannot make a will jointly (b)
they can make a joint will but in
another instrument (c) two persons cannot make a will for their reciprocal benefit (d) two persons can make a will for the
benefit of a third person
(e) Two persons can make a will for their joint
benefit.
37. Which of the following CANNOT be a
witness to a will? Any person of (a) sound mind (b) of the age of eighteen years or more, (c) not bind ( d) not deaf (e) a dumb person
38. Who of the following is disqualified
to witness a holographic will? (a) Any person not domiciled in the Philippines
(b)Those who have been convicted of falsification of a document (c) convicted
of perjury (d) convicted of false
testimony (e) none of the above.
39. A will may be revoked outside the
Philippine (a) by a person who does not have his domicile in this country,
is valid when it is done according to the law of the place where the will was
made, (b) or according to the law of the place in which the testator had his
domicile at the time (c) and if the revocation takes place in this country,
when it is in accordance with the provisions of the Code(d) all of the above (e) none of the above
40. A will shall be valid (a) even though
it should not contain an institution of an heir, (b) or such institution should
not comprise the entire estate, (c) and even though the person so instituted
should not accept the inheritance or should be incapacitated to succeed (d) all
of the above (e) none of the above
41. Which of the following is NOT correct?
(a) Every disposition in favor of an unknown person shall be void (b) unless
by some event or circumstance his identity becomes certain. (c) a disposition
in favor of a definite class is
invalid (d) a disposition to a group of
persons shall be valid (e) a
disposition to an unknown person may be validated.
42. Which of the following is
CORRECT? The preterition
(A)or omission of a compulsory heir
(b)
of an heir of the direct line
(c) of a voluntary heir of the direct line
(d) one or some of the compulsory
heirs
(e) of a compulsory heir of the direct line
whether living at the time of the
execution of the will or born after the death of the testator, shall annul the institution
of heir.
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PROBLEM : The testator, an
illegitimate person,is survived by (1)
his parents by nature, F and M and (2)
his widow “W”. The net value of his estate is P80,000. Questions No. 43, 44,
and 45 shall be based on the above problem:
43. The legitimes of F and M shall be (a)
40,000 (b) P20,000 (c) ½ of the estate (d) 10,000 (e)
not entitled at all
44. The free disposal shall be (a) P40,000 (b) 20,000 (c) 10,000 (d) 30,000 (e)
none
45. The legitime of W is (a) 40,000 (b) P20,000 (c) ½ of the estate (d) 10,000 (e)
not entitled at all
=============================================================
46. Which of the following statements is NOT correct?
(A)A
voluntary heir who dies before the testator transmits nothing to his heirs. (B) The legitime of legitimate children and
descendants consists of one-half of the hereditary estate of the father and of
the mother
(C) The legitime reserved for the
legitimate parents shall be divided between them equally; if one of the parents
should have died, the whole shall pass to the survivor
(D) If only one legitimate child or
descendant of the deceased survives, the widow or widower shall be entitled to
one-fourth of the hereditary estate. In case of a legal separation, the
surviving spouse may inherit if it was the deceased who had given cause for the
same.
(E) If the testator leaves no legitimate
descendants, but leaves legitimate ascendants, the surviving spouse shall have
a right to one-half of the hereditary estate which shall be taken from the free
portion of the estate
47. Which of the following is
CORRECT? (A) Illegitimate children who
may survive with legitimate parents or ascendants of the deceased shall be
entitled to one-fourth of the hereditary estate to be taken from the portion at
the free disposal of the testator (B) 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 (C) When
the widow or widower survives with legitimate parents or ascendants and with
illegitimate children, such surviving spouse shall be entitled to one-eighth of
the hereditary estate of the deceased which must be taken from the free portion,
and the illegitimate children shall be entitled to one-fourth of the estate
which shall be taken also from the disposable portion. The testator may freely
dispose of the remaining one-eighth of the estate (D) When the testator dies leaving
illegitimate children and no other compulsory heirs, such illegitimate children
shall have a right to one-fourth of the hereditary estate of the deceased. (E) Disinheritance can be effected only
through a will wherein the legal cause therefor shall be specified
48.
(a) Representation (b) Accretion (c) Succession (d)
collation (e)Reserva troncal is a right created by fiction of law, by virtue
of which a person is raised to the place and the degree of the person
represented, and acquires the rights which the latter would have if he were
living or if he could have inherited.
49. Which of the following statements is
NOT correct? (a)Heirs who repudiate their share may not be represented (b)In
the absence of legitimate descendants or ascendants, the illegitimate children
shall succeed to the entire estate of the deceased (c)An illegitimate child can inherit ab
intestato from the legitimate children and relatives of his father or mother (d) If a widow or widower and
legitimate children or descendants are left, the surviving spouse has in the
succession the same share as that of each of the children (e) 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.
50. (a) Representation (b) Reversion (c)
Collation (d) Succession (e) Accretion is a right by virtue of which, when
two or more persons are called to the same inheritance, devise or legacy, the
part assigned to the one who renounces or cannot receive his share, or who died
before the testator, is added or incorporated to that of his co-heirs,
co-devisees, or co-legatees.
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