INHERITANCE

1. Define:
a) Succession
b) Will

2. Enumerate the disqualifications to succession.

3. What are the claims and charges that should not be applied to the said estate? Give
examples.

4. a) What are the qualifications of a testator or capacity to make a will?

b) What is the philosophy behind the authority to make a will granted to the testator?

5. a) What is the
testamentary waqf?
b) When and how may a will be revoked by the testator?
6. a) What is reversion?
b) State the conditions under which it may be applied in Succession.
7. a) Who are the heirs entitled tothe inheritance as sharers? Who among the sharers
are entitled to one-third (1/3) of the estate?

b)A person died leaving a daughter, wife (widow), a grandfather,and a full brother.
The hereditary estateis P480,000.00. What is the shareof each heir?
8. a)Define residuary heirs.
b) How may an heir succeed as a residuary? Give examples.
9. a) A person died leaving a father, a wife, a mother's sister, a father's brother and a
mother. The hereditary estate is P120, 000.00. What is the share of each heir?
b) In the above-mentioned problem, who shall inherit and who shall not? Give
reasons.

10. a) Enumerate the heirs, the shareswhom is one over six (1/6)each. Explain briefly.
b) A person died leaving a son, a daughter, a consanguine brother. The hereditary
estate is P600,000.00. Before settlement and partition of said estate, the son died. If
you were a Judge, how should you distribute the estate applying related rules?
11. a)What are the essential elements(rukun) of inheritance and explain each briefly?
b) What are the essential conditions or requisites (surut) of inheritance and explain
briefly?
c) Distinguish the two concepts.
12. State the rule with respect to succession between divorced persons under Muslim
Law or the Muslim Code.

13. a) What is meant by total and partial exclusion? Explain each briefly.
b) Whoare the heirs who cannot be totally excluded?
14. Give the three (3) general classificationsof residuary heirs and enumerate those
falling under each category.
15. Enumerate the heirs who are entitled to the following allotted shares to wit:
16. Hassan died. His mother Habiba and two (2) full sisters survive him, Mariam and
Sofia. He left properties worth Pl20,000.00. Distribute his estate by applying the
appropriate doctrine in the law of inberitance. Justify your answer.
17.Kiram died intestate. He left the following properties, to wit; house and lot valued at
P300,000.00; brand new car valued at P200,000.00: farm with fruit orchard valued at
P100,000.00; house furniture'a at P50,000.00: Ford Fiera at P45,000.00 and debts in
the sum of P215,000.00. His two sons, a daughter, mother and wife survive him.
During the settlement of the estate: the daughter waived her claims to the estate
provided that she will have the Ford Fiera vehicle.

a) Distribute the estate by applying the appropriate rules on inheritance. Let us

assume that all the heirs agreed to the demand of the daughter.
b) Suppose that in the same problem, only the two (2) sons, the other daughter and
mother agreed but the wife objected. How will your distribute the estate? Please
explain and justify your answer.

18. a) What are the impediments or disqualifications to inherit under Islamic law?
Discusseach briefly.

19. Generally, an apostate (murtad) cannot inherit. Give an instance where an apostate
may inherit.

20. Musa died leaving a gross estate worth P740,000.00. At the timeof his death, he was
survived by the following relatives: (1) wife, (2) father, (3) father's father, (4) mother,
(5) mother'smother, (6) daughter, () son's daughter, (8) full sister, (9) consanguine
sister, (10) uterine sister, (11) uterine brother, and (12) an adopted son. During his
lifetime, he borrowed P20,000.00 from the Philippine Amanah Bank which was not
paid. He also made a will of P20,000.00 in favor of a friend. His unpaid taxes
amounted to P10,000 and P15,000.00 was spent for his funeral.
a) Who are entitled to inherit? Give the basis of their inheritance.
b)Who are not entitled to inherit? Give the basis or reason why they cannot
inherit.
c) Compute and give the shares of those entitled to inherit in terms of Philippine
money.
21. Mohammad and Zaid, father and son, respectively, boarded a plane bound for
Singapore. The planecrashed killing all the passengers including Mohammad and Zaid. No
evidence was available to prove as to who of the two died first. At the time of their death.
they left substantial property, and were survived by the following relatives: (1) Rakma,
Mohammad's wife and Zaid's mother, (2)) Latipa, Mohammad's daughter and Zaid's sister
and, (3) Zainab, Mohammad's daughter- in-law and Zaid's wife.
give their
a) Who are entitled to inherit from the estate of Mohammad? Compute and
respective shares.
Zaid? Compute and give their
b) Who are entitled to inherit from the estate of
respective shares.
succession in the light of Presidential Decree No.
22. a) What are the different modes of
1083? Discuss each mode briefly. Presidential Decree No. 1083. Discuss each
the order of succession under the
b) State
briefly
death, she
wife died leaving an estate valued at P100,000.00 at the time of her brother.
23. a) A two uterine brothers and full
was survived by her husband., mother,
Compute and distribute their respective shares.
1083?
24. a) What does inheritance
include under the Muslim Code P.,D.
rights and obligations of a deceased
transmissible
b) Give at least two examples of
person. Discuss each
briefly.
any proper without being probated in
25. a) May a will, holographic or formal, pass
accordance with law? Discuss briefly your answer.
necessary probate it
b) Ifa willis probated during the lifetime of the testator, is it
again after the death of the testator?
Explain each briefly
26. a)What are the sources of the inheritance under Islamic Law?
inherits
b) Give at least three (3) principalreasons why under Islamic Law a male
double the share of a female.

27. A married woman died leaving an estate. At the time of her death, she was survived
by her husband, mother, two uterine brothers, and a full brother. Give their
respective shares.

28. May a walad-ul-zina inherit from his natural father? Explain briefly your answer.
29.What are three (3) kinds of will (wasiya) under Presidential Decree No. 1083?
Explain briefly.
 30. Mohammad died intestate and was
and an al-khunta child at the time ofsurvived
by his wife, mother and two
his death. His net estate is worth daughters,
a. How much is the share of the P3,600.00.
al-khuntachild?
b. How much is the share of the wife and each of the
two daughters.
31. a) A Muslim executed a will whereby he states that upon his death, his cadaver be
given to a Medical school for the study of different organs to enhance the
advancement of medical science. Under Islamic law, is the will valid? Why?
b)Explain briefly why endowment for Islamic purpose is perpetual, irrevocable and
inalienable.
32. a) State the three (3) modes of acquiring ownership under Islamic Law
and define each other briefly.
b) Give the distinction between wasiya (will) and waqf (endowment) and
their similarities, if any.
c) What is the difference between wasiya (will) and hibah (gift/donation)
and explain each briefly.
33. Hadji Talib died without leaving an heir. However, he left an estate valued at
P500,000.00. He executed will bequeathing his entire property to a charitable institution
for the building of school for the poor Muslim children of Campo Muslim, Zamboanga City.
He has an unpaid debts in the amount of P10,000.00 and taxes in the sum of P20,000.00.
During the settlement of his estate, two (2) persons appeared and presented their claims to
the probate court. One claims that he is an acknowledge son of the decedent while the other
claims as an acknowledge brother. If you were the judge, how will you decide this case?
Please justify your answer. Suppose that in the same problem, Hadji Talib did not leave a
will. How could you settle the estate? Also explain and justify your answer.

34. What is the shortest period of pregnancy and the longest period as reported by Imams
Hanifa and Shafri? What is the normal period of pregnancy as agreed by Muslim jurists for
purposes of fixing the share of a posthumous child (el hamel) in inheritance? Would this
problem in the light of the advances in the science of medicine? Please explain briefly.
35. Moner is a disavowed child (walad-ul-lia'an), But before his father died, the latter
retracted his vow andrecognized him as his son. His father is survived by awife, (mother of
Moner), father and full brother. The father left as estate worth P60,000.00. In the instant
problem, can Moner inherit from his father? How about his mother? Distribute the estate of
the decedent. Explain and justify your answer.

36. Abdullah is soldier in the SaudiArmy. He is one of thOse sent to the battle field during
the Gulf war. The war lasted for year. After thewar nothing has been heardof him.
There is no information whether he died in the battleficld or that he was taken as
prisoner of war. Five years had clapsed and there was still no information about the
whereabouts of Abdullah. He left a property worth SR240,000.00 SaudiRiyals. He is
 survived by his father, wife, two (2) daughters, two (2) full brothers and five (5) full
sisters. A petition was filed by one of the heirs before the Shari'ah Court to declare
Abdullah dead for the purpose of settling his estate.

37. Jamal is married to Salima. While Jamal was in a stateof death-illness (Marad-ul
Maut), he divorced his wife Salima. Jamal later died of his illness while Salima was
still observing her idda. He left an estate worth P259,000.00 and debts in the amount
of P19,000,00. Settle the estate of Jamal. Suppose that Jamal died after the expiration
of the iddaof wife Salima. Will she still be entitled to inherit? Explain and justify your
answer.
full sisters, Mariam
38. Karim died. He is survived by his mother, Habiba and two (2)
estate by applying the
and Sofia. He left a property worth P120,000.00. Distribute his
appropriate doctrine in the law of inheritance. Justify your answer.
39. What do you mean by the following doctrines:
a) Radd (doctrine of return)
b) Aul (doctrine of increase)
c) Tas'heh (doctrine of correction)
He left a property worth
40. Hassan has three wives. He died without leaving a will. daughters,
P400,000.00and is survived by his three (3) wives, two (2) sons, three(1)(3)full brother.
brothers and
two (2) full sisters, a father, a mother, a two (2)) uterine claiming asthe fourth
During the settlement of hisestate, Nora, a Christian appeared
wife Nora entitled to inherit
wife of Hassan. Distribute the estate of Hassan. Is the
wife
from the estate of Hassan? Please explain and justify your answer. Suppose the has
she
Nora, during the settlement of the estate of Hassan offered in evidence that
converted to Islam, would you allow her to inherit from Hassan? Please explain and
justify your answer.
41. Harun is married to Zurayda. While Harun was in a state of death-illness (marad al
maut), he divoreed his wife Zorayda. Harun later died of his illness while Zorayda
was still observing her idda. He left an estate worth P25,000.00 and debts in the
amount of P19,000.00.

a)Settle the estate of Harun.

b) Suppose that Harun died after the expiration of the Idda of wife Zorayda. Will
she be entitled to inheritance? Explain and justify your answer.

42. a) Give your commentswith respect to the order of preference of claimsunder Article
135 of the Muslim Code in relation to Islamic law.
43. a) Please give your commenton whether or not a non-Muslim parent or spouse could
inherit under the Muslim Code and by what mode of succession.
44. a) Are there formal requisites for the validity of a will by a Muslim under Islamic
law? Explain briefly.
45. Hassana died intestate. She is survived by her husband, full brother, one uterine sister
and aconsanguine brother. Sheleft an estate valued at P150, 000.00 andan obligation
of about P10, 000.00. Settle the estate of the decedent. Explain and justify your
answer.

46. Rashid died intestate. At the time of his death, his wife wasin the family way. She was
pregnant for about six (6) months. He survived by his wife and posthumous child,
father, mother, grandmother, full brother, and fullsister. He left an estate worth of
P240, 000.00. Distribute the estate of the decedent in the following manner.First let
us assume that the posthumous child is a son. Secondly, assume that the child in the
wombis adaughter. In both cases assume that the child in the womb is born alive.
Thirdly, suppose the sex of posthumous child could not be ascertained, how would
you settle the estate? Explain and justify your answer.
47. Abdullah is a salesman. He married Amina. After six months, Amina was pregnant.
Abdullah suspected Amina to be unfaithful to him. He charged Amina of having a
love affair with her former boyfriend. Being always away on business he could not
admit that he is the father of the child in Amina's womb. Amina denied the charges
of Abdullah. This resulted to their divorce by li'an. After nine months Amina gave
illness
birth to a child and was named Hamza. Meantime, Abdullah contacted serious
which caused his death. But before he died, he retracted his vow and recognized
Hamza as his son. Abdullah is survived by his son Hamza, his wife, Amina, his father
Omar and his full brother Amir. Abdullah left an estate valued at P80, 000.00 and
debts in the sum of P20, 000.00.

In this problem can Hamza inherit from bis father Abdullah? How about his
mother? Distribute the estateof Abdullah. Explain and justify your answer.
48. a) What are the causes of inheritance under IslamicLaw? Discuss each briefly.
49. Yusoph died leaving a gross estate worth P335,000.00. At thetimeof his death, he
was survived by the following relatives: awife, mother, mother's mother, father,
father's father, daughter,son's daughter, full sister,consanguine sister, uterine
brother and an adopted son. During his lifetime, he borrowed P20,000.00 in favor of
a friend. His unpaid taxes amounted to P10,000.00 and P15,000.00 was spent for his
funeral expenses.

a) Who among the relatives are entitled to inherit and those who could not? Give the
basis.

50. a) When is the right to inheritance deemed transmitted to the heir or heirs of the
decedent? Explain briefly.