WILLS Atty. Teresita L.

Cruz (UE COL)

Midterm II- 2015-16

Reconstructed by MHPUNABIA

Facts:

A executed a notarial will in Saudi: 2 witnesses, signed by placing his thumbmark; instituted
heirs are D and E
Law in Saudi says 2 witnesses and just thumbmark are valid.

Family tree of A:
B wife; C jointly adopted by A and B; D legitimate child; E legitimated child; G illegitimate child
with F; I brother; H father; J sister of B

Properties of Spouses AB: 5m house & lot, 4m agricultural land, 2.5 for 2 cars, 2m worth of
jewelries, 1.5m shares of stocks of B paid for from gifts received during the wedding

Inter vivos donations given by A:

To C 250k car
To D 100k
To E 100k
To friend M 50k

A has debts amounting to 2m.

Legacies: I 250k, H 150k, K 50k

A died.
H executed a will a year after instituting C, D, E as his heirs and giving G x amount (forgot, sorry).
B died a few years after.

1. Is will valid in the PH

2. Can properties be distributed following Saudis laws
3. Can will be submitted for probate in the PH
4. Compute NHE and legitimes of As estate
5. C says she was excluded from inheriting because she was not included in the will. Is her
contention correct.
6. Compute NHE and legitimes of Hs estate.
7. D died intestate so the house and lot that was donated to him by A was inherited by B who died
a few years after. Assuming all the others are still alive, who among them has the better right to
inherit.
8. E is blind and deaf but can read and write. He wants to execute a notarial will. Can he execute
said will.

9. X has brothers Y and Z. X executed a notarial will instituting his girlfriend W as his sole heir. A
few years after, they broke up. X then executed a holographic will instituting V as his heir. V died
a few months after. One day, X accidentally burned the whole holographic will while cleaning.
He died a few days after. Who shall inherit.

10. A executed a will. One day, he got so mad that he crumpled it and threw it out the window. He
lives on the 10th floor. B , the janitor, picked up the paper and seeing As name on it, called to
ask him what to do with it. A said, Sige, sunugin mo na yan!. B burned the will along with the
other trash. Was there valid revocation of the will.

11. X has brothers A and B. He executed a will instituting his friend C as his sole heir. D is the son of
C. D died a year before X died. A and B allege that they must inherit as compulsory heirs since
they are the legitimate brothers of X.
a. C claims that he should inherit since his father was the instituted sole heir. Decide.

12. M executed a notarial will in his room while bedridden. N is his attorney who signed the will
beside M. P and O are both 18 y/o and at that time, were playing hide and seek inside the room.
P hid inside the big wooden cabinet, while O hid inside the bathroom in the room. Is the will
valid.

13. X executed a single-page notarial will but there were no signatures on the left-hand margin of
the witnesses. Is the will valid.

14. M owns 2 parcels of land, 1 of which she donated to her daughter O with the condition that it
should be delivered to P who died in 2011. P is the daughter of O. M died in 2010. O died
without a will in 2013. R is the daughter of P. O has another child, S. Who is entitled to the
property.

15. A and B married in 2010. B died shortly after and stated in her will that A is to receive 10m and
not marry. Is the condition valid.