WILLS and SUCCESSION Finals Richard Allan A.
Lim
1. A instituted his 2 children B and C in his will for his
property worth 3 Million provided that B should first pass
the Bar Exam and C should pass the Medical Board
Exam. 3 months later A died.
a. Are such conditions valid?
Art. 872. No, deemed not made or instituted with
respect to the legitime, but with respect to the free
portion the testator can validly impose the condition
b. How much will each heir receive as legitime?
B and C shall receive P 750,000 each as legitime, the
P 1,500,000 shall be the free portion
c. What if A imposed a condition that C shall pass
the Board Exam in only 3 tries but C failed to
comply, who shall receive the part of the free
portion allotted to C?
In this case, the property can go to either A provided
that A also complies with his condition, or in default
to the other legal heirs.
2. D instituted his 2 children E and F as sole heirs but
imposed a disposition captatoria with respect to E. What
will happen to such disposition?
- Art. 875 in relation to Art. 872
3. G died and left his father H, his children J and K, spouse
L and three grandchildren M, N, and O.
a. Who are the compulsary heirs?
All of them are compulsary heirs but of unequal
rights. Only in default of J and K can M, N, and O
receive legitime. And in default of the grandchildren,
shall H receive legitime (Art. 887).
b. Who shall receive from legitime G and at what
proportion?
J and K - of the estate, divided equally among
themselves.
L - of the estate
(Art. 892, par 1)
4. P died with 3 illegitimate children and 1 legitimate child,
parents and spouse. Who shall receive legitimes and under
what proportion?
(Art. 892, par 1 and last paragraph). Spouse has preference
over illegitimate children
Leg. Child- of the estate
Spouse- of the estate
Illeg. Children- of the estate divided among themselves
5. Q died leaving legitimate parents, 12 illegitimate children
and spouse
(Art. 889, 896 and 899)
Parents - of estate
Illeg. Children - of estate
Spouse- 1/8 of the estate
6. R died leaving only 5 illegitimate children and spouse
(Art. 894)
Illeg. Children- 1/3 of estate, divided equally
Spouse- 1/3 of estate
7. S died leaving spouse as sole heir
(Art. 900)
Spouse- of estate, 1/3 if marriage in articulo mortis and
deceased dies within 3 months
For personal use only. Unauthorized distribution prohibited
8. T died leaving 5 legitimate children, 10 illegitimate
children and spouse married under articulo mortis. T died
2 days after marriage
Articulo mortis immaterial (relevant only if spouse is sole
heir)
Answer is same as number 4
Reserva Troncal
9. U inherited from his father V property as illegitimate son.
U died later on, will his mother W inherit the same
property upon his death?
10. X acquired property from his father Y. When X died, is
his mother Z required to reserve the same should she
succeed to the property of X.
11. Is it necessary that the ascendant from whom the property
acquired through gratuitous title be already dead for the
same to take effect
a. No, death of the descendant is necessary which is
what is referred to as operation of law.
12. A acquired property from B by gratuitous title. A died and
the property was inherited by his mother C. C now seeks
to transfer the property in her own name but D a relative
of direct line within third degree opposes. Can C validly
transfer the title to her own name?
a. Yes, but it must be annotated in the title that the
same is reserved (See Edroso vs. Sablan)
13. Suppose E, who has a son F, was able to get life
insurance. When he died, F obtained the proceeds from
the insurance. If F dies, may his mother G obtain the
proceeds? What if E won the lotto and F obtains the
proceeds of the lotto, may G obtain the same if F dies?
a. No, it does not cover insurance and lotto
14. H has a half-brother J. J died with a son K inheriting a
parcel of land. When K died, L succeeded K to the
property, where the title was annotated to show that it
reserved for J. L subsequently married M, who sought to
cancel the annotated alleging that since J is merely a half
brother, L is not bound to reserve the same for J. Is L still
bound to reserve the property?
Future Inheritance
1. May future inheritance be waived?
2. N owed O 1 million pesos, O stated that since his father P
is close to death and that he may inherit huge amount of
money, he will pay O should be inherit. Can the same be
validly done?
a. No, see Art. 1347
3. Q has 3 children with whom he bequeathed 18 hectares
out of 20 hectares of land, the remaining 2 hectares left to
his caretakers. The 2 hectares were portioned among the
caretakers in Qs lifetime. Is the partition valid
Collation of Donation
1. R has 3 legitimate children, his father S and his wife T. He
donated a property worth P 300,000 to his father, leaving
an estate worth P 700,000. Who are the compulsary heirs
- The children and legitimate spouse
2. Will be donation from the father be deducted?
- No, since the total legitime is only P 666,667
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 WILLS and SUCCESSION Finals
3. What if R has 2 legitimate children?
- Yes, since the legitime is more than the
remainder. Hence the donation to the father shall
be reduced as a stranger.
Disinheritance
4. U, in an argument against his father V, took a bolo knife
and caused injury to V. Thus, V filed a complaint for
attempted parricide against U but the case was dismissed.
V then disinherited U on the ground of the attempt on his
life. If such disinheritance valid?
- No, it must be based on conviction
5. What if U posted on the internet of the bad character of
his father, thus V disinherited him for maltreatment by
word. Is the disinheritance valid
- No, provisions on disinheritance provide on
maltreatment by word refers to slander.
6. W who has a lawyer, failed to provide support for his
father X who was advanced age. X won the lottery and
disinherited W due to failure to support him. Is the
disinheritance valid?
- If there is no justifiable cause, then yes
7. Y, the son of Z, committed multiple falsification of public
documents in order to obtain Zs property. May Z validly
disinherit Y
- No, not under the grounds stated under Art. 919
8. What is civil interdiction? What if person penalized with a
crime carrying civil interdiction is granted executive
clemency?
9. What are the requisites for false accusation to be a valid
ground for disinheritance?
10. When A had an argument with his father B, he slapped
and punched him several times causing B to state in his
will that he is disinheriting A. When B passed away, his
heirs submitted the will for probate, but A contends that
there should be final conviction for maltreatment to be a
ground for disinheritance. Is As argument valid?
- No, conviction not necessary for maltreatment,
what is necessary is the same is intentional or
voluntary
11. C found out that his wife D has been living in with the
common law spouse of his son E. Can C validly disinherit
his wife D?
- No, there must be final conviction. And likewise,
it must be the legal spouse.
12. F and G are married. In their argument, F beat up G
causing injury to her. G thus filed a complaint for
violation of R.A. 9262. F filed a petition for nullity of
marriage which was granted. F was later convicted for
violation of R.A. 9262. F executed a will disinheriting G,
can he validly do that?
- No, since the marriage is a nullity, G is no longer
a compulsary heir that can be disinherited.
13. H was found guilty of violation of R.A. 9262 for
psychological incapacity. In her will, J disinherited H but
before she died she forgave all those who wronged her. H
now claims that there has been reconciliation since J
forgave her. Is that reconciliation valid?
For personal use only. Unauthorized distribution prohibited
Richard Allan A. Lim
- No, it must be specific to the disinherited heir
and the act under Art. 922
Legacies and Devises
1. If there are several heirs, and only one charged. Is he
validly bound?
a. Yes, Art. 926
2. There are 3 heirs charged to deliver an indivisible legacy
to K, can K demand only one perform?
a. If indivisible, there should be reimbursement
b. If divisible, liable only for their proportionate
part
3. If L, M, N and O are in possession of a car to be delivered
to P. L volunteered to deliver the car to P but the car was
damaged due to an accident caused by Ls overspeeding.
Who will be liable?
a. Art. 927
b. All three heirs are answerable without prejudice
to right to reimbursement from guilty part
4. What if L undertook delivery without the consent of the
other heirs?
5. What if the car was damaged due to a lightning strike?
a. If determinate, not bound to deliver
b. If indeterminate, still liable
6. Q in his will is giving a car belonging to R to his friend S.
5 days after executing the will, Q died.
a. What is the effect insofar as the car is
concerned?
i. The administrator must acquire the car
from R and deliver it to S
b. What if Q believed that the car belongs to him?
i. The provision is void
c. What if despite the fact that Q believed that the
car is his, Q paid for the value of the car?
d. What if S acquired it gratuitously from Q
i. Void as to the legacy, If onerous, S can
demand reimbursement from Q. If
gratuitous cannot claim reimbursement
ii. If it originally belonged to the testator
and was subsequently acquired by the
devisee, the disposition is not effective
Right to Representation
1. Does the person representing succeed the person
represented? Why?
2. Does the law allow representation by illegitimate
descendants if the person to be represented is illegitimate?
a. Yes
3. What if the person to be represented is legitimate?
a. No
4. Can the legitimate descendants of the adopted child
represent the former?
a. No
Intestate Succession:
7. T executed a will where he made his close friend U as his
heir to 1/3 of the estate. What will govern the 2/3 of the
estate?
a. Intestacy
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 WILLS and SUCCESSION Finals Richard Allan A. Lim
Incapacity to Succeed 5. Acts of unworthiness under Art. 1033 are similar to Art.
1. V consulted a quack doctor W during his last illness, after 919 to 921 but there must be knowledge on the part of the
stating that V will die soon. Because of this, V executed a testator for it to be valid.
will in favor of W? Is W capacitated to succeed? 6. Testate succession will still be followed even if there is
2. What if V did not die due to illness but after crossing the repudiation as long as there are other heirs, there could be
street hit by a truck, is W still qualified to inherit? accretion in such case.
3. On the brink of death, X executed a will in favor of his 7. The heir who repudiates should leave no creditor, and is
close friend Y who is a priest. After executing the will, he not entitled to representation.
made a confession to Y and soon after X died. Is Y Legal heir Compulsary heir
qualified to inherit? The circumstances takes When an heir is left, the
4. What if X made the will after confessing to Y? place estate should go to the
5. Suppose Z made a will leaving his property to A, the wife compulsary heir
of the pastor of his Church. Is the same qualified? Suppletory (brothers, sisters, Obligatory (every compulsary
6. What if Z left the property to the head of the Church B? nephews, nieces, aunts, heir is a legal heir but not
uncles) vice versa)
Notes: 8. Characteristics
Term Condition a. Suppletory
Future and certain Future and uncertain b. Takes place in the absence of testamentary
Already an heir Not yet an heir as long as succession
condition not yet fulfilled i. Intestate heirs should somehow be
If heir dies, the heirs of the If the heir dies, the heirs of related to the deceased
heir can still obtain the heir cannot obtain ii. Preference of descending and direct
Will go to legal heirs for Appointment of over ascending and collateral
administration under Art. 885 administration under Art. 880 iii. Nearest excludes the distant except in
right to representation
1. Concept of Reserva Troncal iv. Equal division provided they are of the
- Reserva Troncal is when the ascendant who receives a same degree
property from the descendant who obtains the same through c. Escheat when absolutely no legal heirs
gratuitous title from another ascendant has the obligation to
reserve the same, as he may have acquired by operation of
law, for the benefit of relatives within the third civil degree
and in the same line as the person who gave the property
2. Causes of extinguishment of Reserva Troncal
a. Death of the ascendant who receives the propery
b. Death of all the relatives within the third civil
degree from where the property came
c. Loss of the property by the ascendant without his
fault or negligence
d. Renunciation by the relatives
3. Steps in determining legitime
a. Determination of the value of the estate which
remains at the time of death of the decedent
b. Determination of the obligations, debts and
charges which have to be deducted or paid out of
the value of the property left
c. Determination of the difference between the
assets and the liabilities to establish the net value
of the hereditary estate
d. Addition to the net value of the value, at the time
of the making, of donations subject to collation
e. Determination of the amount of legitime by
getting from the total value of the estate the
portion that the law provides as legitime for each
compulsary heir
4. Inducing immorality under Art. 920, par 2 applies to all
female descendants, not just daughters

For personal use only. Unauthorized distribution prohibited 3