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WILLS & SUCCESSION

Atty. Moumina Sheryne L. Domadalug

FINAL COMPREHENSIVE EXAM


December 12, 2017

DIRECTIONS: Before starting, check that your questionnaire


consists of three (3) pages. Read each question carefully and
provide answers that are BRIEF and CONCISE-not too long but
not too short. BE RESPONSIVE. This is an OPEN CODAL exam.
Hence, you are expected to cite legal basis and to elaborate on
your answers BRIEFLY AND CONCISELY. BEST OF LUCK!

-I-
Discuss the consequence/s of the Iron Curtain Rule to Reserva Troncal.
(6points)

-II-
A died in 2014 without a will survived by his son, B, and his grandson, D,
a child of a deceased son, C. During his lifetime, he had executed three
donations. The first worth P400,000.00 was executed in 2000 in favor of a
stranger, x; the second worth P100,000.00, was executed in 2005 in favor
of his son, C, now deceased; and the third worth P100,000.00 was
executed in 2010 in favor of his grandson, D. The net remainder of the
estate after liquidation is P200,000.00.
A. What is collation? (3points)
B. What properties shall be subject to collation? (3points)
C. How shall the estate of A be distributed? (3points)

-III-
In 2000, Lloydie and Ruffa had a May-December love affair. Despite the
16-year age gap, Lloydie married Ruffa in a simple garden wedding and the
two gave birth to three children A, B, and C. In 2015, Ruffa, who was
already suspecting that Lloydie was having an illicit affair with their neighbor
Ellen, made a will instituting their children A, B, and C as her only heirs.

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In 2016, Ruffa was involved in a car crash resulting to her instantaneous
death. Heartbroken because Ruffa died while their relationship was getting
sour and terribly missing Ruffa, Lloydie went through the belongings of
Ruffa. Lloydie came across a small chest. Upon opening the same, he found
several very old musty letters and to his utter disbelief, he found a letter
addressed to Constancia Cruz, his mother. It read:

Mahal kong Contancia,


Patawarin mo sana ako ngunit sa iyo ko iiwanan ang anak
kong si John Lloyd. Alam kong sabik kang magkaanak
habang ako naman ay hindi pa handa sa responsibilidad ng
pagiging isang ina. Bata pa ako at marami pa akong nais
gawin at marating. Kaya simula sa araw na ito, ariin mo na
s’yang tunay mong anak at sana ay mangako ka na hindi nya
malaman kailanman na s’ya ay anak ko at ako ang kanyang
ina. Paalam, besh.
Nagmamahal,
Ruffa

A. Who may inherit from Ruffa? (3points)


B. What is/are the effect/s of preterition? (3points)
C. Was there preterition? (5points)

-IV-
Cite at least three (3) provisions on the law on succession illustrating the
primacy given by law to animus testandi. (8points)

-V-
A, a very wealthy man, executed a will wherein he instituted as his only
heirs his three brothers B, C, and D and without designating their shares.
Before A died, both C and D were killed in a vehicular accident. C is survived
by two daughters, F and G. A died two days later without changing his will,
survived only by B and the children of C and D. The net value of his estate is
P60,000.00.
A. How shall the estate be divided? (4points)
B. Suppose A died intestate, how shall the estate be divided? (4points)

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-VI-
The testator instituted A to 1/2 of the entire inheritance, B to 1/4, C to
1/6, and D to 1/2, and at the same time, designated each and everyone of
them as a substitute of the others. The net remainder of the estate is
P86,000.00. B, however, repudiated his share. What will happen to this
vacant share? (6points)

-VII-
Don Pepe is survived by two legitimate children, A and B, three
acknowledged children, C, D, and E, one adopted child F, and one natural
child, G. What are the legitimes of the survivors if the net value of the
hereditary estate is P96,000.00? (6points)

-VIII-
Distinguish testamentary from intestate succession. (10points)

-IX-
Emilia Ardiente died intestate survived by her parents Julio and Helena;
her husband Jaguar, and her illegitimate children Diego and Arnaldo.
A. Suppose Julio predeceases Emilia, how shall the estate be divided?
(4points)
B. Suppose Julio repudiated his inheritance, how shall the estate be
divided? (4points)
-X-
Write a proper Notarial Will. (30points)
Caveat: All the formal requisites must be
present AND correct. A defective notarial will
shall merit no point.

***NOTHING FOLLOWS***

GOOD LUCK!

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