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Saksession

Alex wrote a holographic will leaving his house and lot to his son Jose. This constitutes a valid holographic will as it meets the requirements. The witnesses properly signed the will and had it notarized, making it a valid will. Any offspring of a cow bequeathed in a will at the time of the testator's death will belong to the legatee. Pedro's act of entrusting distribution of a sum for charity to his executor is valid under Philippine law.

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gavy corton
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84 views

Saksession

Alex wrote a holographic will leaving his house and lot to his son Jose. This constitutes a valid holographic will as it meets the requirements. The witnesses properly signed the will and had it notarized, making it a valid will. Any offspring of a cow bequeathed in a will at the time of the testator's death will belong to the legatee. Pedro's act of entrusting distribution of a sum for charity to his executor is valid under Philippine law.

Uploaded by

gavy corton
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

In a sheet or paper addressed to his clerk Maria, Alex wrote the


following: “ Maria, please type the following as my last will. “It is
my wish that my only house and lot in Manila be given to my only
child, Jose.” Right after this statement, Alex affixed his usual
signature and wrote July 31, 2010. However, before maria could
comply, Alex passed away. Is he considered to have dies with a
valid will?

-Yes, The case falls under the elements of a valid holographic


will.
(PRELIMS NO.1)

2. testator and 3 witnesses has signed the will in all of its pages
and in the presence of each other. Later, they went to the notary
public and acknowledge that the signatures appearing thereon
are their signatures. Is there a valid will?

-Yes. there is a valid will. Art. 806 provides that, “ Every will must
be acknowledged before a notary public by the testator and the
witnesses. The testator need not acknowledge the will in the
presence of each other nor should the same be necessarily done
in one single act. (PRELIM NO.2)

3. A cow is bequeathed through a will which is pregnant at the


time of the testator’s death.To whom does the offspring belong?

- The offspring shall belong to the legatee. Assuming from the


facts that the legacy is pure and simple, without being subjected
to any suspensive condition or term, Art. 948 will apply. If the
legacy is of a specific and determinate thing pertaining to the
testator, the legatee acquires the ownership thereof upon the
testator’s death, as well as the growing fruits, or unborn offspring
of animals. Thus, in this case, the cow will already belong to the

Page 1 of 8
legatee at the time of the testator’s death. Consequently, the
offspring shall also belong to the legatee.
( note: If is subjected to a term/condition, the offspring will only
belong to the legatee upon the expiration of the term or fulfilment
of the condition.) (PRELIM NO.3)

4
5

6. In his wil, pedro set aside the sum of P100,000 for charity. He
did not specifically name any organization to receive the amount,
but he entrusted the distribution thereof to his executor. Is Pedro’s
act valid?

- Yes. Under Art.786, the testator may entrust to a third person


the distribution of specific property or sums of money left to a
specified class or cause and the designation of persons,
institution, and establishments to which property or money is to be
given. There is no violation of the personal characteristic of a will
since what the testator merely entrusts to a third person are
merely details of the will in order to make the device of legacy
more effective. (PRELIM NO. 6)

7. tess is one of the attestation witnesses in the will of Citas. In


that will Citas bequeathed P1,000,000 to Ana the only sister of
tess and to the latter’s self. Divide the legacy between them.

-the 1M legacy shall only be given to Ana. In the absence of three


other competent witnesses to the execution of the will, tess in
incapacitated to inherit from the testator under Art. 1027(4) of the
CC because of her interest in the will. Thus, the share of Tess in
the 1M will accrue to her co-heir to the legacy, Ana, by right of
accretion. (PRELIM NO. 7)

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9. Art. 824. A mere charge on the estate of the testator for
the payment of debts due at the time of the testator’s death
does not prevent his creditors from being competent
witnesses to his will. (n)

COMMENT:
Creditors as Witnesses
(a) The charge referred to here is a debt of the estate or of
the testator.
(b) While a creditor who acts as a witness is disqualifi ed to
inherit, he is qualifi ed to receive his credit, which after
all cannot be considered a gift.

11. In her will, Cita gave a parcel of land to Nena and Nana. Is
there Fideicommissary substitution?

-There in no Fideicommissary. Art. 867 provides that


fideicommissary substitutions which are not made in an express
manner, either by giving them this name,or imposing upon the
fiduciary the absolute condition to deliver the property to a second
heir shall not take effect.

The following are the requisites of fideicommissary substitution:


a. First heir (fiduciary) called to the succession;
b. an obligation clearly imposed upon the first heir to preserve the
property and to transmit it to the second heir; (without the
obligation clearly imposing upon the first heir the preservation of
the property and its transmission to the second heir, there is no
fideicommissary substitution.)

c. Second heir (fideicommissary) to whom the property is


transmitted by the first heir.
Page 3 of 8
(PRELIM NO. 11)
61. The only living relatives of Eva are Flora (great grandma) and
Mae (her sister). she left an estate of P100,000. Divide according
to the rules on intestacy?

- Flora gets 100k, the rule on preference is applied in the order of


intestate succession. (PRELIM NO.12)

Page 4 of 8
Dict and lea have been married for 10 years. They have 2
children. Later lea discovered that dict has been having a sexual
affair with a homosexual. Lea disinherited Dict. Is the
disinheritance
valid?

-Yes. because one of the grounds for disinheriting a spouse is


when the latter has given cause for legal separation provided that
lea’s disinheritance complied with the other requisites for its
validity, to wit 1)it is effected through a valid will, 2)the legal cause
is specified in the will itself, 3)the cause is true and certain, and 4)
disinheritance is total and unconditional. Having a sexual affair
with a homosexual falls under sexual infidelity which is a ground
for legal separation. (Existence of the cause, w/o having found
guilty of ground, is sufficient. (MIDTERM NO. 1)

2. A parcel of land was given to Sherwin but jervs was given the
exclusive use of the property. a) Is there a valid disposition
b)When did A acquire the property?
a. Yes. the first sentence of Art. 869 provides that a provision
whereby the testator leaves to a person the whole or part of the
inheritance, and to another the usufruct, shall be valid. If he gives
the usufruct to various persons, not simultaneously, but
successively, the provisions of Art. 863 shall apply. (MIDTERM
NO.2)

4. Mameng, a spinster, died without an issue. She is survived by


the sister of her mother named Becky and by the daughter of her
brother named Aga. Both are third degree relatives. Her estate is
also being claimed by a ward whom she took and treated as a
child and he common law husband. She leaves an estate worth
P100,000.00. Who are her heirs and how much will each get?
(MIDTERM NO.4)

Page 5 of 8
-Daughter of aga will inherit the whole estate of mameng,
because her presence excludes the ascendants.

58. In his will, Virgil bequeathed P100,000 to Alex, his legitimate


full blood brother, and to Alice, his legitimate half blood sister.
divide the legacy.
- Virgil and Alice will inherit equally, each of them will be entitled
to P50,000. Art. 848 provides that. “If the testator should institute
his brothers and sisters, and he has some of full blood and others
of half blood, the inheritance shall be distributed equally, unless a
different intention appears.” (MIDTERM NO.8 OLD)

12. With his first wife Ana, Rico has a son, Ricky, and a daughter,
Anita. With his second wife Juana, Rico has a daughter,
Juanita.Ricky donated a parcel of land to Juanita. Later, Juanita
dies without any legal heir except Juana. Juana’s mother, Wanda,
is still alive. a) who shall inherit that parcel of land from Juanita?
b)shall that property be subject to reserva troncal? (Midterm no.
10 no. 9 OLD)

a. Juana will inherit the land. Applying the rule on proximity Juana
is nearer than wanda.

b. yes. there is reserve troncal. If there are properties in the estate


which the descendant had previously acquired by gratuitous title
from another ascendant or from a brother or sister, then under
Art.891 of the NCC, such properties are reservable.

55. Bossing gave a legacy of 10M to his friends: Linds-50%,


Angie-30%, and Jen-20%. He obliged them to make a foundation
for a particular purpose. In order to create such, it is necessary to
deposit 5M in the bank. How much is the share of each?

Page 6 of 8
-Art.925 of the CC provides that a testator may charge with
legacies and devises not only his compulsory heirs but also the
legatees and devisees. The latter shall be liable for the charge
only
to the extent of the value of the legacy or the devise received by
them. The compulsory heirs shall not be liable for the charge
beyond the amount of the Free portion given them. Hence, the
share of each will be as follows:

Linds: 2.5M (50% of 5M)


Angie: 1.5M (30% of 5m)
Jen: 1M (20% of 5M)

(MIDTERM NO. 11 NO. 12)

10. Aurora owes Brenda P1m. Brenda bequeathed that receivable


to her only cousin, Ana, but two years later. Brenda brought an
action against Aurora who refused to pay her account. If Brenda
would die, shall Ana be allowed to be substituted as party plaintiff,
assuming that the will is valid?

-No. In the legacy of credit, it is deemed revoked when the


testator brought an action against the debtor for payment of debt
subsequent to the making of the will. (MIDTERM NO. 12)

7. In his will, Ron gave Rico a parcel of land which was


mortgaged as security for a debt. Who shall be liable for the debt?

- Art.934, If the testator should bequeath or devise something


pledged or mortgaged to secure a recoverable debt before the
execution of the will, the estate is obliged to pay the debt, unless
the contrary intention appears. Hence, according to the facts, the
estate Ron will have to pay the debt to secure the release of the
mortgaged. (MIDTERM NO.15 NO. 13 OLD)

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