Rodna

Jema Gremille R. Alenton

Xavier University College of Law
Succession MCQ


1. Disinheritance is the process or act 8. Spouses M and N executed two (2)
through testamentary disposition of separate wills containing the same
depriving in a will any compulsory heir or provisions. After their death, their
his legitime for true and lawful causes. One compulsory heirs filed a petition for joint
of the requisites is: probate of their wills. One of the voluntary
C. The disinherited heir must be clearly heirs objected because joint probate is
identified, and the will is not revoked. invalid. Is the objection tenable?
D. No, because practicable
2. A holographic will has no date except one considerations dictate the joint
found on the first page. Is the will valid? probate of the wiills.
A. Yes, because the law does not specify
the place where the date should be 9. “T” a widower who had a son, “S”, died
placed. leaving a will whereby he gave a devise of
a 6-hectare parcel of land to his friends, “A”
3. If a compulsory heir is disinherited, is it and “B”; in the will, “X” was designated as
limited to his legitime? substitute heir of “A”. A predeceased T and
A. No, it also covers the free portion. was survived by his child M, X the
substitute heir predeceased T, and was
4. A complaint of forgery was filed against an survived by his child, O. The 3-hectare
instituted heir after the allowance of vacant portion of the land that was given
probate of the testator’s will. Will this to A shall go to:
action prosper? A. B, by accretion.
A. No, the probate of the will is an
evidence of the due execution of the 10. T, who had two (2) legitimate children, A
will. and B, donated inter-vivos P20,000 to A.
Shortly after the donation, T died intestate.
5. A blind testator can make a valid will. The remaining net estate of T, after the
D. Yes, as long the language or dialect used donation, in the amount of P60,000 shall
in writing the will can be read to him twice be distributed as follows:
as provided under Article 808. A. P40,000 to A and P20,000 to B.

6. When does the fideicommissary heir 11. Jose and Maria had a son, Pedro. Jose
acquire ownership rights over the before his death donated a parcel of land
properties subject to a fideicommissary which constituted as his exclusive
substitution? property to his son, Pedro. Later, Pedro
B. Upon death of the testator. died without any issue and the land went
to his mother, Maria, by intestate
7. A executed a will consisting of ten pages. succession. Maria died ten years later. The
At the probate, B, one of his children land is now claimed by: Mario the brother
interposed an opposition on the ground of Jose, and Juanita the sister of Maria.
that one of the pages of the same has not Who is entitled to the land?
been signed by A and one of the witnesses. A. Mario, the brother of Jose, by virtue of
Rule on the opposition: reserve troncal.
C. If there was mere inadvertence of one
of the true witnesses or even the 12. A and U are the aunt and uncle of D, the
testator, the will must be admitted. decedent. A died ahead of D and A was
survived by a child S. If D dies intestate,
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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


may S inherit from D? 19. The attestation clause of X’s will do not
A. No, because in the collateral line, other contain his signature. At its probate, it is
than brothers and sisters, nephews being opposed on that basis. Is the
and nieces, the nearer, U, the uncle (3rd opposition correct?
degree), excludes the further, S (4th C. No, attestation clause is not an act of
degree) from D, the decedent. the testator.

13. Which of the following relationship is 20. Who among the following persons is
incestuous? incapable of succeeding as an instituted
B. Legitimate half-brother and heir or to any legacy or devise in the last
illegitimate sister. will of the testator?
A. One of the three (3) attesting
14. Intestate heirs can validly partition the witnesses of the will of the testator.
estate of a decedent different from what
the law on intestacy provides. 21. Which of the following persons are
A. True, the heirs are merely exercising disqualified as competent witness to the
their rights as co-owners. will of the testator?
A. A person not domiciled in the
15. When does an heir acquire the right to the Philippines.
hereditary properties under a negative
potestative condition? 22. Wanting to distribute his entire estate, the
B. From the moment of death of the testator X, whose sole surviving relative is
testator. his half-brother Y, instituted his friends A
to ½, B to ¼, C to 1/8. How will his estate
16. Which statement is NOT true about the of P100M be distributed?
legitime of a surviving spouse? B. A gets P50M, B gets P25M, and C gets
D. ½ of the free portion if no other P12.5M by institution and the
compulsory heirs concur with such remaining P12.5M will be distributed
spouse. to A, B, and C in proportion to the
amount they received under the will.
17. A joint will executed by both Filipinos is:
C. Not valid even if executed in a foreign 23. X instituted 4 voluntary heirs to his estate
country even though authorized by the of P400M as follows – Alan ½, Ben ¼,
laws of the country where they may Chuck 1/8, and Dean 1/8. If Dean
have been executed. repudiates, the P50M vacant share will be
distributed to:
18. Rosalie, the illegitimate daughter of D. Alan, Ben and Chuck in proportion to
Reynaldo and Rosemarie died intestate, the amount of what they received
without any ascendant or descendant. Her applying the rule of accretion.
estate worth P2M is being claimed by
Rosario, the legitimate daughter of her 24. In her will, Anika bequeathed a high school
father Reynaldo and Rodrigo, the located in a 2 hectare property in Tagaytay
legitimate son of her mother Rosemarie. in favor of a devisee, Alex so he can use it
Rosalie’s estate shall be inherited by: to teach out-of-school youth. During her
D. Neither Rosario nor Rodrigo. lifetime, Anika converted the school into a
pineapple plantation.
A. A devise is without effect since Anika
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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


transformed the thing bequeathed in 32. State the share in the estate of the testator
such a manner that it did not retain the of illegitimate children who survive with
form it had. the surviving spouse.
A. 1/3
25. Testator died on September 7, 2000. His
will dated September 14, 1998 was 33. In reserve troncal the relatives within
admitted to probate on September 21, third degree coming from the same line
1999. A named heir renounced his inherit from:
inheritance on October 30, 2000, which A. Descendant propositus
came to the knowledge of the
administrator/executor on Novermber 1, 34. The renunciation or repudiation of
2000. When did the renunciation of the inheritance shall take effect:
inheritance take effect? D. Date of death of testator
C. On September 7, 2000.
35. Disposition Captatoria is void because the
26. What is the effect if the second heir dies heir makes a disposition in his will in favor
ahead of the first heir in a fideicommissary of:
substitution? B. Testator
D. The right shall be transmitted to the
heirs of the second heir. 36. What is the effect if the second heir dies
ahead of the first heir in a fideicommissary
27. Rights to succession are transmitted: substitution? Choose the best answer.
B. On death of testator. C. The right shall be transmitted to the
heirs of the second heir
28. What law shall determine the validity of a
will? 37. Suppose the reservista is survived by the
C. The law at the time it is made. uncles and aunts and by the nephews and
nieces of the propositus, who shall be
29. Disinheritance is the process or act entitled to the property reserved? Choose
through testamentary disposition of the best answer.
depriving in a will any compulsory heir of B. The nephews and nieces of the
his legitime for true and lawful causes. One decedent survive and are willing and
of the requisites is: qualified.
D. The disinherited heir must be clearly
identified, and the will is not revoked. 38. If a compulsory heir is disinherited, is it
limited to his legitime?
30. What crimes committed by a convict will A. No, it also covers the free portion.
disqualify him as an instrumental witness
to a will? 39. A holographic will has no date except one
B. Perjury and false testimony. found on the first page. Is the will valid?
A. Yes, because the law does not specify
31. This party in a reserve truncal is the the place where the date should be
descendant whose death gives rise to the placed.
reserve and from whom therefore the
third degree is counted is known as: 40. In case a holographic will is lost, can it still
C. Propositus be probated?
A. No, because the best and only evidence
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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


of the handwriting is the will itself. that one of the pages of the same has not
been signed by A and one of the witnesses.
41. Disposition captatoria means that the heir Rule on the opposition.
shall make provisions in his will: B. If there was mere inadvertence of one
B. In favor of testator or any other person of the true witnesses or even the
testator, the will must be admitted.
42. Preterition or omission of one, some, or all
the compulsory heirs, or some of 49. A, a minor, executed a last will and
compulsory heirs in the direct line testament. He died at the age of 21, after
whether living at the time of the execution which his will was submitted to probate. If
of the will or born after the death of the you were the judge, would you approve it?
testator shall: C. No, because the will is void.
C. Annul the institution of heirs
50. The attestation caluse of X’s will does not
43. After the probate of a will, may a case for contain his signature. At its probate, it is
forgery be filed against an instituted heir? being opposed on that basis. Is the
B. No, because the probate of the will is a opposition correct? Choose the best
justifying circumstance. answer.
D. No, attestation clause is not an act of
44. The bailee has the right to be reimbursed the testator.
in full for advances he made for
extraordinary expenses of preservation of 51. After A has executed a will, he tore it out of
the subject matter in commodatum. anger because B and C were disputing the
A. He gave notice to the bailor before he fact that a house and lot at San Lorenzo
incurred the expense. Village should have been given by A to C
when the will gives it to B. Discuss whether
45. What are the objectives of Probate the will was revoked or not.
proceedings? D. The tearing of the will may amount to
B. Probate seeks to determine whether revocation if coupled with intent of
the will is formally valid. revoking it.

46. Can a criminal convicted of a crime which 52. X and Y are married. The marriage was
carries civil interdiction execute his will? contracted under articulo mortis, and the
C. Yes, it only prohibits disposition of testator died within 3 months from the
property inter vivos, not mortis causa. time of marriage. What is X’s share of his
spouse’s inheritance? Choose the best
47. A complaint of forgery was filed against answer.
the instituted heir after the allowance or C. The surviving spouse shall inherit 1/3
probate of the testator’s will. Will this of the estate.
action prosper?
A. No, the probate of the will is an 53. A repudiated his inheritance from his
evidence of the due execution of the father. Can he be represented by his son,
will. B?
B. No, because heirs who repudiated
48. A executed a will consisting of ten pages. their share may not be represented.
At the probate, B, one of his children
interposed an opposition on the ground
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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


54. A has a son B and the latter adopted C. B to notarize it. A week after, Clara was run
predeceased his father. Can C represent B over by a drunk driver while crossing the
in the inheritance of A? street in Greenbelt. May the will of Clara be
C. No, there is no blood relationship admitted to probate?
between A and C. C. No, because there were only two
credible witnesses who attested and
55. X during his lifetime sold and conveyed signed the will in the presence of the
two (2) parcels of land to his heirs. After testatrix and of the one another.
X’s death and the probate of his will, are
the conveyed properties subject to 59. Rosalie, the illegitimate daughter of
collation for determination of the heirs’ Reynaldo and Rosemarie, died intestate,
legitime? without, any ascendant or descendant. Her
C. No, because there was no gratuitous estate worth P2M is being claimed by
conveyance. Rosario, the legitimate daughter of her
father Reynaldo and Rodrigo, the
56. Spouses M and N executed two (2) legitimate son of her mother Rosemarie.
separate wills containing the same Rosalie’s estate shall be inherited by:
provisions. After their death, their D. Neither Rosario nor Rodrigo
compulsory heirs filed a petition for joint
probate of their wills. One of the voluntary 60. Romulo executed a will on August 16,
heirs objected because joint probate is 2000 where he stated among others: “I
invalid. Is the objection tenable? bequeath to my brothers, Roy, Rollie and
D. No, because practicable consideration Rody a legacy of whatever credit balance
dictate the joint probate of the wills. remains in my savings account with BPI at
the time of my death, each of my brother
57. X was disinherited by his father Y. In the receiving 1/3 of said money” Roy died on
probate of Y’s will, can the children of X March 1, 2000 leaving Rodel his only son
represent their disinherited father? as heir. Romulo died on June 1, 2002 with
B. Yes, representation is allowed in case an estate of P2M including the P900T
of disinheritance. remaining balance in his BPI account. The
amount that should pertain to Roy should
58. Clara thinking of her mortality, drafted a be adjudicated to:
will and asked Roberta, Hannah, Luisa and B. Rollie and Rody, by right of accretion
Benjamin to be witnesses. During the day
of the signing of her will, Clara fell down 61. A decedent who was a national and
the stairs and broke both her arms. domiciliary of Texas, United States at the
Coming from the hospital, Clara insisted time of his death executed (2) two wills,
on signing her will by thumb mark and one to govern his Texas estate and the
said that she can sign her full name later. other his Philippine estate, which
While the will was being signed, Roberta, provided that his properties be distributed
experienced a stomachache and kept going in accordance with the Philippine law and
to the restroom for long period of time. not his national law. Is the second will
Hannah while waiting for her turn to sign valid?
the will, was reading the 7th Harry Potter A. No, because the decedent is a resident
book on the couch, beside the table on and a domicile of Texas.
which everyone was signing. Benjamin,
aside from witnessing the will, also offered
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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


62. In case a holographic will is lost, can a copy
be presented for probate in lieu of an 67. “T” a widower, who had two (2) legitimate
original? daughters, “A” and “B”, died leaving a will
C. Yes, as provided in the case of Rodelas whereby he disinherited “A”, for having
v Aranza because it is still possible for eloped with and married a son of his
other witnesses to establish the business rival. In the same will, “T”
authenticity of the handwriting. instituted “B” as his sole heir. “T”’s net
hereditary estate worth P120,000.00 shall
63. Succession is similar to a donation mortis be distributed in the following manner:
cause. A. P90,000.00 to “B” and P30,000.00 to
D. True, provided the intent of the donor “A”.
is to make the donation effective upon
the death of the done. 68. “D”, who had no compulsory heirs, had two
(2) brothers, “A” and “B”. “A” predeceased
64. What is the legal consequence if the “D”. “A” was survived by a child “C”. Is “C”
testator provides that the donation given entitled to inherit from “D” who died
to a compulsory heir is not collationable? intestate leaving a net estate of
B. The value of the donation shall be P120,000.00?
imputed against the free disposal of A. Yes, “C” inherits P60,000.00 from “D”
the estate. because in the collateral line, a
nephew/niece may inherit by way of
65. Kris wanted her Will written in French representation with his/her uncle or
even though she only has a rudimentary aunt.
knowledge of the language. Kris then
requested her boyfriend Pierre to type her 69. Disposition captatoria means that the heir
Will in French while she dictated the shall make provisions in his will:
contents of the same. The Will was ten- B. In favor of testator or any other person
pages long and contained all of Kris’s
dispositions. Kris then requested Francois 70. The approval for probate is not conclusive
to interpret the provisions of the Will to on:
her. Satisfied that the will written by C. Ownership of properties included in
Pierre and translated by Francois the inventory.
contained her true wishes, Kris proceeded
to the Philippine Consulate in Rome with 71. “T” who had no compulsory heirs, died
three of her trusted aides and there all of leaving a will whereby he instituted his
them signed each and every page of the friend, “F” as his sole heir on the condition
will in the presence of one another. The that “F”, who also had no compulsory
three aides then signed a valid Attestation heirs, shall likewise execute a will
Clause. It was also validly acknowledged. whereby he should institute “T” as his sole
Is the will valid? heir. Is “F” entitled to inherit the whole of
A. Yes. “T”?
A. No, this is known as disposicion
66. “A” died survived by his only child and “captatoria” which converts
only heir, “B”, the possession of hereditary testamentary disposition into
property is deemed transmitted from “A” contractual agreement; hence, the
to “B”: institution itself is not valid.
A. From the moment of death of “A”
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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


72. “T” who had no compulsory heir, died ANSWER: A - Ernie will not inherit because being
leaving a will whereby he gave by way of a an adopted child of Edward, he cannot inherit
devise a parcel of land to his brother, “B” from the relatives of the latter as the adoption
as the first or fiduciary heir, imposing creates only a relationship between adopter and
upon “B” the obligation to preserve and adopted. (Sayson v. CA 205 SCRA 321)
transmit the land to “S”, the sister of “T”. Is
the fideicommissary substitution of heir 4) How much is Felix's share in the net estate?
valid? (1%)
A. No, because “B” the fiduciary heir is
not one degree related to “S” the ANSWER: D – Felix is not entitled to inherit
fideicommissary heir. because the right of representation in the
collateral line is only available to nephews and
nieces of the decedent and not to grandnephews
MULTIPLE CHOICE CIVIL LAW BAR EXAM 2013 or grandnieces.

I. Armand died intestate. His full-blood brothers,

Bobby and Conrad, and half-blood brothers,
Danny, Edward and Floro, all predeceased him. MULTIPLE CHOICE CIVIL LAW BAR EXAM 2011
The following are the surviving relatives:
1. Can future inheritance be the subject of a
1. Benny and Bonnie, legitimate children of Bobby; contract of sale?
2. Cesar, legitimate child of Conrad; C. No, since the seller owns no inheritance
3. Dante, illegitimate child of Danny; while his predecessor lives.
4. Ernie, adopted child of Edward; and
2. Raul, Ester, and Rufus inherited a 10-
5. Felix, grandson of Floro. hectare land from their father. Before the
The net value of Armand's estate is P 1,200,000. land could be partitioned, however, Raul
sold his hereditary right to Raffy, a
1) How much do Benny and Bonnie stand to stranger to the family, for P5 million. Do
inherit by right of representation? (1%) Ester and Rufus have a remedy for keeping
the land within their family?
ANSWER: E - In intestate succession if all the A. Yes, they may be subrogated to Raffy’s
brothers and sisters of the decedent predeceased right by reimbursing to him within the
the latter, the nephews and nieces inherit in their required time what he paid Raul.
own right or per capita and not by right of
representation. (See Article 975) 3. In his will, the testator designated X as a
legatee to receive P2 million for the
2) How much is Dante's share in the net estate? purpose of buying an ambulance that the
(1%) residents of his Barangay can use. What
kind of institution is this?
ANSWER: E- Dante will not inherit because his is B. a modal institution.
an illegitimate child of a legitimate half-brother of
Armand thus the barrier applies. 4. The decedent died intestate leaving an
estate of P10 million. He left the following
3) How much is Ernie's share in the net estate. heirs: a) Marlon, a legitimate child and b)
(1%) Cecilia, the legal spouse. Divide the estate.

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 Rodna Jema Gremille R. Alenton
Xavier University College of Law
Succession MCQ


C. Marlon gets 1/2 and Cecilia gets 1/2.

5. Joanne married James, a person with no

known relatives. Through James' hard
work, he and his wife Joane prospered.
When James died, his estate alone
amounted to P100 million. If, in his will,
James designates Joanne as his only heir,
what will be the free portion of his estate.
B. Joanne gets 1/2; the other half is free
portion.

6. T died intestate, leaving an estate of

P9,000,000. He left as heirs three
legitimate children, namely, A, B, and C. A
has two children, D and E. Before he died,
A irrevocably repudiated his inheritance
from T in a public instrument filed with the
court. How much, if any, will D and E, as A’s
children, get from T’s estate?
D. D and E will get none because of the
repudiation; "B" and "C" will get A’s
share by right of accretion.