Q: Inheritance of whom..

A: Is decedent, not heir will only have share.

Q: Is acceptance needed?
A: Yes. Property rights and obligations. An heir cannot be obliged especially if it is more
expensive than what he will receive.

Q: Is Succession’s basis family law or property law?

A: Both

Q: Which is a better concept, reserva minima or maxima?

A: Code prefers minima – socializaiotn of property

Q: If X decedent dies in 1987, would his illegitimate child inherit ab intestato if another child
which is a legitimate child survived by X.
A: Yes, as a compulsory heir. There is still a distinction in the Family Code. Consider whether
he can be legitimated or not.

Q: A petition for the settlement of the estate of X was filed in 1965. Among those who survived
X are his children A and B, legitimate, C as illegitimate. Will C inherit?
A: Law depends on when the decedent died, whether Spanish Civil Code, or NCC.

Q: What is the issue in the case of Abadia?

A: WON the NCC rules on succession will apply considering that the holographic will of
the decedent was executed before the NCC. The will was not allowed.

Q: X, a permanent resident of Canada, executed a will in the Netherlands (Amsterdam).

If there is a disposition to a friend in this will, ie. Condo unit in Makati. When would A be
entitled to this?
A: Not entirely based on nationality of X. If there was free portion.

Q: If X is a Filipino, when?
A: Upon death. Extrinsic validity.

Q: A Filipino’s will, made in Canada where he is a permanent resident, but executed in

Amsterdam.
A: Art. 816 applies by analogy.

Q: Intrinsically, is there a problem?

A: None. National law still governs. Art. 816 in relation to Art. 17

Q: If the will was executed in Tokyo, Japan, is a will required to be probated if it was
executed abroad?
A: No. It is not required that there is a prior probate. (Estate of Gibberson)

Q: When the question is, “Where can the will be probated?”, which place is being
referred?
A: Always in the Philippines!
Q: The will of X is void. In that will, a condo unit was given to A, a friend. Is he entitled to
a condo unit?
A: Yes if the will was probated and a decree was final and executory. (Dela Cerna v.
Potot)

Q: X is a foreigner who died in Quezon City. A and B survived X, both illegitimate children. But
X, gave only a condo unit to B. The rest were give to A. Assuming the will is extrinsically valid,
may B be entitled to a portion in the estate bigger than the value of the condo unit.
A: Estate of Christensen. Even if the national law of the decedent does not provide for a bigger
legitime for B, but if it has a conflicts of law provision that refers it back to the