I.

1. It is the process or act, thru a testamentary disposition of depriving in a will

any compulsory heir of his legitime for true and lawful causes?
a. Intestate succession
b. Disinheritance
c. Testate succession
d. Legitime

2. The following are requisites for a valid disinheritance except:

a. Must be made in a valid will
b. Must be made expressly
c. Must be total or complete
d. None of the above

3. Which among the following is not a sufficient cause for the disinheritance of
children and descendants, legitimate as well as illegitimate?

a. When the child or descendant leads a dishonorable or disgraceful life.

b. Maltreatment of the testator by word or deed, by the child or descendant.
c. Insanity of the child or descendant.
d. Conviction of a crime which carries with it the penalty of civil interdiction.

4. What is the necessary element needed before intestate heirs can inherit on
the ground that the will is void?

a. Declaration of the nullity of the will or a positive disallowance of a will.

b. The factors that nullified the will.
c. The existence of the will.
d. The incapacity of the testator.

5. D is survived intestate by a grandfather and a brother. Who among them shall

inherit?
a. Both shall inherit equally.
b. The grandfather alone should inherit because the direct line is more
preffered than collateral line.
c. The brother alone should inherit because the collateral line is more
preffered than the direct line.
d. Both is not entitled to inherit.
II.

Simple Recall.

1. What are the requisites for a valid disinheritance. (8)

2. Give atleast four (4) sufficient causes for the disinheritance of parents or
ascendants, whether legitimate or illegitimate.
3. What are the four requisites for accretion?
4. Give atleast three (3) individuals who are incapable of succeeding.
5. When does legal or intestate succession take place?

III.

Problem:

I. Intestate estate of P1.2 million.

Jotax, Chester and Nico are the legitimate children of Monica. Carl and
Roy are the legitimate children of Jotax; Melanie, the legitimate child of
Chester; and Lysandre , the legitimate child of Nico. If Nico repudiates,
how will the estate be divided?

II. Julia and Maria were Juan’s Sisters; Ramon, is the child of Julia; Puring,
the child of Maria; Remio, the Child of Puring. Juan died intestate. Julia
Maria and Puring are all dead. Remio claims a share by the right of
representation . Ramon says that Remio has no share. Is Ramon correct?
Answer key:

MCQ

1.B
2.D
3.C
4.A
5.B

SIMPLE RECALL

1. Requisites for a valid disinheritance:

 Must be made in a valid will.

 Must be made expressly
 Must be for a legal cause
 Must be for a true cause.
 Must be for an exisiting cause.
 Must be total or complete.,
 The cause must be stated in the will itself.
 The heir disenhirited must be clearly describe.
 The will must not have been revoked.

2. Sufficient causes for the disinheritance of parents or ascendants, whether legitimate or

illegitimate.

Art. 920. The following shall be sufficient causes for the disinheritance of parents
or ascendants, whether legitimate or illegitimate:

(1) When the parents have abandoned their children or induced their daughters to
live a corrupt or immoral life, or attempted against their virtue;

(2) When the parent or ascendant has been convicted of an attempt against the
life of the testator, his or her spouse, descendants, or ascendants;

(3) When the parent or ascendant has accused the testator of a crime for which
the law prescribes imprisonment for six years or more, if the accusation has been
found to be false;

(4) When the parent or ascendant has been convicted of adultery or concubinage
with the spouse of the testator;
 (5) When the parent or ascendant by fraud, violence, intimidation, or undue
influence causes the testator to make a will or to change one already made;

(6) The loss of parental authority for causes specified in this Code;

(7) The refusal to support the children or descendants without justifiable cause;

(8) An attempt by one of the parents against the life of the other, unless there has
been a reconciliation between them

3. Requisites of ACCRETION:
 Unity of object.
 Pluraty of subjects
 Vacant portion
 Acceptance

4. Individuals incapable of succeeding:

Art. 1027. The following are incapable of succeeding:

(1) The priest who heard the confession of the testator during his last illness, or
the minister of the gospel who extended spiritual aid to him during the same
period;

(2) The relatives of such priest or minister of the gospel within the fourth degree,
the church, order, chapter, community, organization, or institution to which such
priest or minister may belong;

(3) A guardian with respect to testamentary dispositions given by a ward in his

favor before the final accounts of the guardianship have been approved, even if
the testator should die after the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when the latter is his ascendant,
descendant, brother, sister, or spouse, shall be valid;

(4) Any attesting witness to the execution of a will, the spouse, parents, or
children, or any one claiming under such witness, spouse, parents, or children;

(5) Any physician, surgeon, nurse, health officer or druggist who took care of the
testator during his last illness;

(6) Individuals, associations and corporations not permitted by law to inherit

5.

Art. 960. Legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;

(2) When the will does not institute an heir to, or dispose of all the property
belonging to the testator. In such case, legal succession shall take place only with
respect to the property of which the testator has not disposed;

(3) If the suspensive condition attached to the institution of heir does not happen
or is not fulfilled, or if the heir dies before the testator, or repudiates the
inheritance, there being no substitution, and no right of accretion takes place;

(4) When the heir instituted is incapable of succeeding, except in cases provided
in this Code.

PROBLEM:

1. Jotax and Chester will each get P600,000. Roy and Carl are excluded. it is
because of the principle that the nearer excludes the farther under art. 962.
Lysandre is also excluded because there is no right of representation in
case of repudiation. Melanie is excluded by Chester. Therefore only
Chester and Jotax will inherit.

2. Yes, Ramon is Correct. Remio cannot inherit by right of representation

because he is only a grandnephew. Hence, only Ramon gets the estate. In
the collateral line, the right of representation take place only in favor of the
brothers or sisters.