INSTRUCTION: The test consists of 50 questions.

Choose what you think is the best answer among the

five choices. Write the letter of your choice in the given answer sheet. Do not make marks or write
anything on the questionnaire.

1. Where the reservatario was survived by eleven nephews and nieces of the praepositus in the line of
origin, four of whole blood and seven of half blood-(A) all eleven were not entitled to the reversionary
property
(b) they are entitled in equal shares
(c) the principles of intestacy are controlling
(d) the nephews and nieces of whole blood were each entitled to a share double that of each of the
nephews and nieces of half
(e) reserve troncal is not applicable.

2. The reserva troncal is a special rule designed primarily to assure the return of the reservable property
to the
(a) third degree from the reservor
(b) third degree from the reservatarios
(c) third degree relatives
(d) third degree from reservista
(e) third degree from descendant
belonging to the line from which the property originally came, and avoid its being dissipated into and by
the relatives of the inheriting ascendant.

3. The reservable property should pass, not to all thereservatarios as a class but only to those nearest in
degree to the
(A)descendant (prepositus) excluding those reservatarios of more remote degree
(B) reservista
(c) reservor
(d) ascendant (prepositus)
(e) descendant of the direct line

4. Should brothers and sisters or their children survive with the widow or widower, the latter shall be
entitled to (a) one-half (b) 1/8 (c) 1/3 (d) (e) all of the inheritance .

5. Should the only survivors be brothers and sisters of the full blood, they shall inherit in (a) equal
shares (b)nothing (c) per stirpes (d) per capita (e) all the property.

6. Should there be neither brothers nor sisters, nor children of brothers or sisters, the other collateral
relatives shall succeed to the estate as (a) a whole (b)only on-half of the estate (c) of the estate (d)
one-third (e) only 1/3 of the estate.

7. In the absence of brothers or sisters and of nephews or nieces, children of the former, whether of the
whole blood or not, the surviving spouse, if not separated by a final decree of divorce shall succeed to
(a) the entire
(b)
(c) 1/3
(d)
(e) 1/8 estate of the deceased

8. Should there be neither brothers nor sisters, nor children of brothers or sisters, nor a surviving spouse,
who shall inherit?
(a) the other collateral relatives
(b) the state
(c) the uncles and aunts
(d) the maternal parents
(e) grandparents shall succeed to the estate of deceased.

9. It is likewise clear that the reservable property is
(a) not a part of the estate of the reservista
(b) he may not dispose of it by will
(c) he returns it to the reservatarios existing
(d) all of the above (e)none of the above.

10. Which of the following statements is NOT correct concerning the reservatarios? They-
(a) inherit from the reservista
(b) do not inherit from the reservista
(c) inherit from the descendant prepositus
(d) are the heirs mortis causa
(e) are subject to the condition that they must survive the reservista

11. Which statement is correct? (a) The reservatario is not thereservista's successor mortis causa (b) nor is
the reservable property part of the reservista's estate (c) the reservatarioreceives the property as a
conditional heir of the descendant (prepositus) (d) all of the above (e) none of the above

12. That which results from the designation of an heir, made in a will executed in the form prescribed by law
is known as (a) testamentary succession (b) accretion (c) respresentation (d) collation (e) substitution

13. The words of a will are to be taken in their (a) ordinary sense (b) grammatical sense (c) technical
sense (d) ordinary and grammatical sense (e) depends on the clear intention of the testator

14. The invalidity of one of several dispositions contained in a will (a) invalidate the other dispositions (b)
does not result in the invalidity of the other dispositions (c) invalidates only some (D) depends on the will
of the testator (e) depends on the result of the probate

15. The validity of a will as to its form depends upon the observance of the law (a) where he resides (b)
where the will is made (c) in force at the time it is made (d) all of the above (e) none of the above

16. Which of the following cannot make a will? (a) a Filipino residing in the U.S. (B) a boy who just turned 18
(c) a woman who is sick with diabetes (d) a dying old man (e) a demented grandmother

17. A died without a will survived by (a) his widow w (b) his legitimate brothers, B and C and (c)his
nephews E and F who are the children of a deceased sister D. The net remainder of the estate is
P24,000.
Which of the following statement is correct? (a) W gets 4,000 (b) W gets 8,000 (c) E gets 2,000(d) C gets
2,000 (e) F gets 4,000

18. Who can demand the partition of the decedents estate after his death? (a) any compulsory heir (b) a
legatee (c) a devisee (d) a voluntary heir (d) a creditor (e) all of the above

19. Which of the statement is NOT correct? (a)Every will must be subscribed at the end thereof by the
testator himself (b) or by the testator's name written by some other person in his presence (c) and by his
express direction (d) and attested and subscribed by three or more credible witnesses in the presence of
the testator and of one another (e) to include a holographic will.

20. There can be no partition when (a)prohibited by the testator for more than 20 years (b) prohibited by
the testator for 10 years (c) when the co-heirs agreed not to partition for 30 years (d) the law cannot
prohibit partition (e) the heirs cannot agree

21. Can a thing or an entity which is neither a natural nor a juridical person inherit in a will? (a) yes they can
generally (b) no they cannot as a general rule as it is prohited by law (c) no, and this applies to a
religious organization (d) yes the poor as a class not being identified specifically cannot be heirs (e) no
because a heir has to be living in order to inherit.

22. Every will must be acknowledged before a (a) judge (b) lawyer (c) notary public (d) at least three
witness (e) a person authorized to administer oath by the testator and the witnesses.
23. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and
again, by (a) the lawyer who prepared the document(b) by the notary public before whom the will is
acknowledged (c) either of the two will do (d) a judge of the probate court (e) the Clerk of Court.
24. Which is CORRECT about a holographic will? (A) A person may execute a holographic will which must
be written, dated by the hand of the testator himself. It is subject to (b) it is subject to no other form, (b)
must be made only in the Philippines (c) be witnessed by at least one person (d) acknowledged before a
notary public (e) need not be probated if not contested.
25. Which is NOT correct about a holographic will? (a)In the probate of a holographic will, it shall be
necessary that at least one witness who knows the handwriting and signature of the testator explicitly
declare that the will and the signature are in the handwriting of the testator (b) If the will is contested, at
least one of such witnesses shall be required (c) In case of any insertion, cancellation, erasure or
alteration in a holographic will, the testator must authenticate the same by his full signature (d) When a
Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of
the country in which he may be. Such will may be probated in the Philippines (e) ) If the will is contested,
at least three of such witnesses shall be required
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Problem 26: X died intestate survived by (1) A,B, C, D and E his legitimate children (2) F and G,
legitimate children of C, a legitimate son of X who predeceased him (3) H and I legitimate children of D
and (4) J and K, legitimate children of E. D, however is incapacitated to inherit from X because of an act
of unworthiness, while E repudiated his inheritance. The net value of the estate is P120,000.
Questions 26, 27, 28, 29, and 30 will be based on the above problem.

26. A by his right of accretion gets (a) P24,000 (b) 12,000(c) 12,000 in his own right (d) 36,000 (e) 6,000
only.
27. By right of representation G gets (a) 12,000 (b) 24,000 (c) 6,000 (d) 4,000 (e) 36,000
28. IN totality who should get P36,000 (a) A only (b) B only (c) A and B (D) F and I (E) I only
29. Which of the following shares are rendered vacant? (a) C only (b) D only (c) E and C (d) C, D, and E (e)
G
30. Which of the following statement is NOT correct (a) F and G can represent C (b) H and I can represent
their father D (C) J and K cannot represent their father E (d) none of the above (e) all of the above.
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Problem 31: X an employee of the Department of Foreign affairs died intestate in 1976 survived by his
widow W, legitimate child A, and two illegitimate children B and C. The record shows that he failed to
state in his GSIS application for membership the beneficiaries of his retirement benefits which amounted
to P80,000. Questions 31, 32, 33 and 34 shall be based on the above problem.

31. W shall get (a) P20,000 (B) 40,000 (C) 10,000 (D) 5,000 (E) 4,000
32. C shall be entitled to (a) (b) (c) 1/8 (d) 1/3 (e) 1/6
33. A shall be entitled to (a) 20,000 (b) 40,000 (c) 10,000 (d) 5,000 (e) 4,000
34. The free portion in this problem is actually (a) (b) (c) 1/3 (d) 1/8 (e) 1/6 of the remaining estate.

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35. The will of an alien who is abroad produces effect in the Philippines if (a) made with the formalities
prescribed by the law of the place in which he resides, (b) or according to the formalities observed in his
country,(c) or in conformity with those which this Code prescribes (d) all of the above (e) none of the
above
36. Which of the following is correct? (a) Two or more persons cannot make a will jointly (b) they can make
a joint will but in another instrument (c) two persons cannot make a will for their reciprocal benefit (d) two
persons can make a will for the benefit of a third person (e) Two persons can make a will for their joint
benefit.

37. Which of the following CANNOT be a witness to a will? Any person of (a) sound mind (b) of the age of
eighteen years or more, (c) not bind ( d) not deaf (e) a dumb person


38. Who of the following is disqualified to witness a holographic will? (a) Any person not domiciled in the
Philippines (b)Those who have been convicted of falsification of a document (c) convicted of perjury (d)
convicted of false testimony (e) none of the above.
39. A will may be revoked outside the Philippine (a) by a person who does not have his domicile in this
country, is valid when it is done according to the law of the place where the will was made, (b) or
according to the law of the place in which the testator had his domicile at the time (c) and if the revocation
takes place in this country, when it is in accordance with the provisions of the Code(d) all of the above (e)
none of the above
40. A will shall be valid (a) even though it should not contain an institution of an heir, (b) or such institution
should not comprise the entire estate, (c) and even though the person so instituted should not accept the
inheritance or should be incapacitated to succeed (d) all of the above (e) none of the above
41. Which of the following is NOT correct? (a) Every disposition in favor of an unknown person shall be
void (b) unless by some event or circumstance his identity becomes certain. (c) a disposition in favor of a
definite class is invalid (d) a disposition to a group of persons shall be valid (e) a disposition to an
unknown person may be validated.
42. Which of the following is CORRECT? The preterition
(A)or omission of a compulsory heir
(b) of an heir of the direct line
(c) of a voluntary heir of the direct line
(d) one or some of the compulsory heirs
(e) of a compulsory heir of the direct line

whether living at the time of the execution of the will or born after the death of the testator, shall annul the
institution of heir.
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PROBLEM : The testator, an illegitimate person,is survived by (1) his parents by nature, F and M and (2)
his widow W. The net value of his estate is P80,000. Questions No. 43, 44, and 45 shall be based on
the above problem:
43. The legitimes of F and M shall be
(a) 40,000
(b) P20,000
(c) of the estate
(d) 10,000
(e) not entitled at all
44. The free disposal shall be (a) P40,000 (b) 20,000 (c) 10,000 (d) 30,000 (e) none
45. The legitime of W is (a) 40,000 (b) P20,000 (c) of the estate (d) 10,000 (e) not entitled at all
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46. Which of the following statements is NOT correct?
(A)A voluntary heir who dies before the testator transmits nothing to his heirs. (B) The legitime of
legitimate children and descendants consists of one-half of the hereditary estate of the father and of the
mother
(C) The legitime reserved for the legitimate parents shall be divided between them equally; if one of the
parents should have died, the whole shall pass to the survivor
(D) If only one legitimate child or descendant of the deceased survives, the widow or widower shall be
entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may
inherit if it was the deceased who had given cause for the same.
(E) If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving
spouse shall have a right to one-half of the hereditary estate which shall be taken from the free portion of
the estate

47. Which of the following is CORRECT? (A) Illegitimate children who may survive with legitimate parents
or ascendants of the deceased shall be entitled to one-fourth of the hereditary estate to be taken from the
portion at the free disposal of the testator (B) If the only survivor is the widow or widower, she or he shall
be entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely
dispose of the other half (C) When the widow or widower survives with legitimate parents or ascendants
and with illegitimate children, such surviving spouse shall be entitled to one-eighth of the hereditary estate
of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled
to one-fourth of the estate which shall be taken also from the disposable portion. The testator may freely
dispose of the remaining one-eighth of the estate (D) When the testator dies leaving illegitimate children
and no other compulsory heirs, such illegitimate children shall have a right to one-fourth of the hereditary
estate of the deceased. (E)Disinheritance can be effected only through a will wherein the legal cause
therefor shall be specified
48. (a) Representation (b) Accretion (c) Succession (d) collation (e)Reserva troncal is a right created by
fiction of law, by virtue of which a person is raised to the place and the degree of the person represented,
and acquires the rights which the latter would have if he were living or if he could have inherited.

49. Which of the following statements is NOT correct? (a)Heirs who repudiate their share may not be
represented (b)In the absence of legitimate descendants or ascendants, the illegitimate children shall
succeed to the entire estate of the deceased(c)An illegitimate child can inherit ab intestato from the
legitimate children and relatives of his father or mother (d) If a widow or widower and legitimate children
or descendants are left, the surviving spouse has in the succession the same share as that of each of the
children (e) In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment
the succession opens, except in case of representation, when it is proper.

50. (a) Representation (b) Reversion (c) Collation (d) Succession (e) Accretion is a right by virtue of which,
when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the
one who renounces or cannot receive his share, or who died before the testator, is added or incorporated
to that of his co-heirs, co-devisees, or co-legatees.
































ANSWER KEY:
1. D
2. C
3. NONE SUPPLIED
4. NONE SUPPLIED
5. NONE SUPPLIED
6. NONE SUPPLIED
7. NONE SUPPLIED
8. NONE SUPPLIED
9. NONE SUPPLIED
10. A
11. NONE SUPPLIED
12. NONE SUPPLIED
13. D
14. B
15. C
16. E
17. C
18. NONE SUPPLIED
19. NONE SUPPLIED
20. NONE SUPPLIED
21. NONE SUPPLIED
22. NONE SUPPLIED
23. NONE SUPPLIED
24. B
25. B
26. B
27. NONE SUPPLIED
28. NONE SUPPLIED
29. D
30. D
31. A
32. C
33. B
34. B
35. D
36. E
37. E
38. E
39. NONE SUPPLIED
40. NONE SUPPLIED
41. E
42. E
43. B
44. A
45. B
46. E
47. D
48. A
49. NONE SUPPLIED
50. E