2011 SHARI' A BAR EXAMINATION

SUCCESSION, WILLS/ADJUDICATION AND

SETTLEMENT OF EST ATE
July 10, 2011 P.M. 1:00- 5:00
I.
A Give and explain the different kinds of succession.
B. Discuss nuncupative and holographic will, and how their due execution be
proved?
II.
A Enumerate the order of succession, and explain each briefly.
B. State the primary heirs of the decedent who cannot be excluded to inherit,
and who those cannot exclude another heir.
Ill.
A. What is the effect if there's a doubt as to which of two or more persons, who
are called to succeed each other, died first?
B. Jatar and Jasmin, husband and wife, boarded on Super Ferry bound for
General Santos City. In its route within the vicinity of Romblon, they met
strong typhoon Ondoy that struck the vessel and it sunk, spouses Jatar and
Jasmin died as a result. At the time of their death, they left a conjugal
estate valued Php. 3,000,000.00 and were survived by the following
relatives: (1) the father and mother of Jatar, (2) mother and germane
brother of Jasmin.
a. Who are entitled to inherit from Jatar? Compute and give their share.
-
b. Who are entitled to inherit from Jasmin? Compute and give their
share.
IV.
A What are the sources of inheritance under Islamic Law?
B. Give at least three (3) principal reasons why under Islamic Law, a male
inherits double the share of a female.
I SUCCESSION, WILLS/ADJUDICATION & SETILEMENT OF ESTATE Page 1 of 3
v.
Zayda divorced her husband Muhaliddin by tafwid while she was in a state
of death illness (marad ul-maut). Zayda later died during her idda. She was
survived by her husband Muhaliddin, her son Zaidin and daughter Zulaika.
A. Did the divorce have any legal effect to the successional rights of her
husband, Muhaliddin? Explain.
B. Supposed that it was Muhaliddin who died while Zayda was observing
iddah, will she be entitled to inherit from her husband's estate valued at
Php. 600,000.00. Please support your answer.
VI.
A. Give three (3) causes that a bequest may be rendered invalid.
B. Give the conditions when a legatee may qualify to inherit from the testator.
VII.
A. Explain briefly the extent of liability of the heir for the debts of the decedent.
Cite your basis.
B. State the schools of law which the court takes into consideration in the
settlement and partition of the estate of a decedent.
VIII.
A. Rucma died leaving an estate valued at Php. 600,000.00. At the time of her
death, she was survived by her husband Zacaria, mother Razmia, two
uterine brothers, Razid and Razul, and full brother Rahman. Compute and
distribute their respective shares.
IX.
Mahmod died leaving his son Mohammad and daughter Maimona, and his
germane brother Musaraf. Before the settlement and distribution of his
estate valued at Php. 600,000.00, his son Mohammad died, leaving his
sister Maimona and his paternal uncle Musaraf.
a. Does double inheritance exist in this problem? Please explain.
b. Distribute the estate.
I SUCCESSION, WILLS/ADJUDICATION & SETILEMENT OF ESTATE Page 2 of 3
X.
Mariano and Corazon are Christians, husband and wife. They have three
(3) children, one (1) minor son Mariano Junior, and the others, their elder
son Manuel and only daughter Cristina, are of age of maturity. In 2010,
spouses Mariano and Corazon have changed their religion to Islam, and
mutually re-registered their marriage with the Shari'ah Circuit Registrar.
Last April 22, 2011, Mariano died without a will, but leaving a net estate
valued Php. 1 ,000,000.00.
a. Which law to govern for the distribution and settlement of the estate
of Mariano? Cite your legal basis.
b. Who among the heirs of Mariano are entitled to inherit, and who may
not with him? Cite the basis under the provisions of P.O. 1083 or
Islamic Law.
I SUCCESSION, WILLS/ADJUDICATION & SETTLEMENT OF ESTATE Page 3 of 3