1.

Pedro, the father of Jose and Maria was residing in Brazil at the time of his
death in June 7, 2007. Jose and Maria learned of his death only last June 3,
2008 when the executor of Pedro’s will came over to deliver their inheritance
consisting of numerous shares of stock in some Brazilian corporations. They
accepted that inheritance on January 29, 2010. When are Jose and Maria
considered to have acquired rights over said inheritance?

• June 7, 2007. Article 777. The rights to the succession are transmitted
from the moment of the death of the decedent.

2. Mario entirely wrote his will and had placed the date thereon. As he was
about to sign it, he suffered a stroke and became permanently paralyzed. The
wife got a stamp pad and affixed the thumb mark of Mario on that will. Is that
a valid will

• No, Article 810. A person may execute a holographic will, which must be
entirely written, dated, and signed by the hand of the testator himself. It is
subject to no other form, and may be made in or out of the Philippines,
and need not be witnessed

3. Evita prepared a will, but it was later on found out to be formally defective.
(a) Could that instrument be reformed? (b) If not, what should be done to
make it valid?

• (a) No, Article 1366. There shall be no reformation in the following

cases: (1)Simple donations inter vivos wherein no condition is imposed;
(2)Wills; (3)When the real agreement is void.
• (b) Make a new will

4. In the will of Vita, she stated – “I entrust to the Philippine National Red Cross
the distribution of P10(M) for the care of lepers.” Is this a valid testamentary
disposition?

• Yes, Article 786. The testator may entrust to a third person the
distribution of specific property or sums of money that he may leave in
general to specified classes or causes, and also the designation of the
persons, institutions or establishments to which such property or sums
are to be given or applied.

5. Tess is one of the three attestation witnesses in the will of Citas. In that will,
Citas bequeathed P2(M) to Ana, the only sister of Tess, and to the latter
herself. Divide the legacy between them

• Only Ana will receive 1M and the remaining will revert back to the
estate of Citas. Article 823. If a person attests the execution of a will, to

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whom or to whose spouse, or parent, or child, a devise or legacy is given

by such will, such devise or legacy shall, so far only as concerns such
person, or spouse, or parent, or child of such person, or any one claiming
under such person or spouse, or parent, or child, be void, unless there are
three other competent witnesses to such will. However, such person so
attesting shall be admitted as a witness as if such devise or legacy had not
been made or given.

6. In a sheet of paper addressed to his clerk Maria, Alex wrote the ff: Maria,
please type the following as my last will. “its 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 January 31, 2016. But before Maria
could comply, Alex passed away. Is he considered to have died with a valid
will?

• No, Article 810. A person may execute a holographic will which must be
entirely written, dated, and signed by the hand of the testator himself. It is
subject to no other form, and may be made in or out of the Philippines,
and need not be witnessed.

7. Last June 30, 2016, Rex (testator), and his qualified witnesses, Dada, Dede
and Didi signed all pages oh his will in the presence of one another. A few
days later, all went to a notary public and told the latter that the signatures
on the will were theirs. Was their a valid will?

• Yes, Article 806. Every will must be acknowledged before a notary public
by the testator and the witnesses. The notary public shall not be required
to retain a copy of the will, or file another with the office of the Clerk of
Court.

8. In a valid will, Frank bequeathed his only cow to his bff Serge. At the time of
franks demise, that animal was pregnant. It took a few months to have franks
will probated so by the time it was to be executed, the cow had already given
birth. To whom shall the offspring pertain, assuming he has legal heirs?

• The offspring shall pertain to serge. Article 948. If the legacy or devise
is of a specific and determinate thing pertaining to the testator, the
legatee or devisee acquires the ownership thereof upon the death of the
testator, as well as any growing fruits, or unborn offspring of animals, or
uncollected income; but not the income which was due and unpaid before
the latter's death. From the moment of the testator's death, the thing
bequeathed shall be at the risk of the legatee or devisee, who shall,
therefore, bear its loss or deterioration, and shall be benefited by its
increase or improvement, without prejudice to the responsibility of the
executor or administrator.

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9. In the “mi ultimo adios” of Dr. JPR, he stated “by this, I leave everything to you,
my parents and loved ones.” As the paper on which it was found was dated
and signed by Rizal, does it qualify as a holographic will?

• Yes, Article 810. A person may execute a holographic will which must be
entirely written, dated, and signed by the hand of the testator himself. It is
subject to no other form, and may be made in or out of the Philippines,
and need not be witnessed.

10. When nato was preparing his will, his creditor pol arrived. As there were
only 2 other persons in his office to sign as witnesses, nato asked pol to be
the third one. (a) is pol, as a creditor of nato, not DQ from becoming a witness
to that will? (b) suppose that pol is a chinese and has businesses all over asia,
is he qualified to be a witness to said will?

• (a) No, he is not disqualified. Article 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.
• (b) Yes, he is qualified. Article 820. Any person of sound mind and of
the age of eighteen years or more, and not blind, deaf or dumb, and able
to read and write, may be a witness to the execution of a will mentioned
in article 805 of this Code. Article 821. The following are disqualified
from being witnesses to a will: (1) Any person not domiciled in the
Philippines; xxx

11. Last Jan. 1, 2016, pedro hand wrote the ff on a clean sheet of paper. “I leave to
my only child juan my only parcel of land in Manila” then, he signed it and
wrote the date as “01/01/16”. He added an attestation clause, but it was
signed by only 2 witnesses, jose and ben. Later, pedro passed away. (a) Did
he die with a valid will? (b) Assuming that his will is valid, what is required
before it could be implemented?

• (a) Yes, Article 810. A person may execute a holographic will which must
be entirely written, dated, and signed by the hand of the testator himself.
It is subject to no other form, and may be made in or out of the
Philippines, and need not be witnessed.

• (b) Article 811. 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. If the will is contested, at least three of such
witnesses shall be required.

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12. In his will, Don stated that he was leaving his only house and lot to Noli, but if
Noli dies, said property shall be given in equal shares to his 2 sons. Was their
a fideicommissary substitution?

• None, Article 863. A fideicommissary substitution by virtue of which the
fiduciary or first heir instituted is entrusted with the obligation to
preserve and to transmit to a second heir the whole or part of the
inheritance, shall be valid and shall take effect, provided such substitution
does not go beyond one degree from the heir originally instituted, and
provided further, that the fiduciary or first heir and the second heir are
living at the time of the death of the testator.

13. Pedro stated in his will that his wife tonya shall get 1M is she does not
remarry, (a) will she receive anything from the estate of pedro in case she
does? (b) what will be your answer if that prohibition were found in the will
of pedro’s mother?

• (a) No. (b) My answer will be the same. Article 874. An absolute
condition not to contract a first or subsequent marriage shall be
considered as not written unless such condition has been imposed on the
widow or widower by the deceased spouse, or by the latter's ascendants
or descendants.

14. The only living relatives of Rey are his great grandfather (lolo) and his only
bother (brad). Rey left an estate of 1M. determine the legitimes

• Only Lolo will inherit ½ of the estate (500k) being compulsory heir
and the other ½ which is 500k will be the disposable free portion of
the estate. Brad is not considered as a compulsory heir. Article
985. In default of legitimate children and descendants of the deceased, his
parents and ascendants shall inherit from him, to the exclusion of
collateral relatives.

15. Juan, a Filipino is married to Mary, a Texan. While in texas, they executed
their joint wills strictly according to Texan laws. Later, both juan and mary
came to the Philippines and both died here. Shall their joint wills be allowed
here?

• No, Article 818. Two or more persons cannot make a will jointly, or in
the same instrument, either for their reciprocal benefit or for the benefit
of a third person. Article 819. Wills, prohibited by the preceding article,
executed by Filipinos in a foreign country shall not be valid in the
Philippines, even though authorized by the laws of the country where
they may have been executed.

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16. Jose is married to Ana and they have 4 children. Jose left a net estate worth
6M. Determine the: (a)legitimes of his compulsory heirs; and (b)disposable
free portion

• 4 Children: 750k each (1/2)
• Wife: 750k (same share as 1 legitimate child)
• FP: 2,250,000.

17. Tony is survived by: (a)his sickly father; (b) 3 recognized illegitimate
children; and (c) his nagging wife. He left an estate of 6M. Determine the
legitimes of his compulsory heirs.

• Father: 3M (1/2)
• Wife: 750k (1/8)
• 3 Illegitimate children: 500k each (1/4)
• FP: 750k

18. Dino is survived by (a) 5 legit children; (b) 3 natural children by legal fiction;
and (c) his beloved dying mother. He left a net estate of 6M. determine the
legitimes of his compulsory heirs
• Article 895. The legitime of each of the acknowledged natural children
and each of the natural children by legal fiction shall consist of one-half of
the legitime of each of the legitimate children or descendants.
• 5 Legitimate Children: 600k each (1/2)
• 3 NC by legal fiction: 300k each (1/2 of LC)
• FP: 2,100,000

19. Bert is survived by (a) 2 recognized illegit children; and (b) marita, his
widow. He left a net estate of 6M. determine the legitimes of the compulsory
heirs

• Wife: 2M (1/3)
• 2 illegitimate children: 1M each (1/3)
• FP: 2M

20. Nardo is survived by: (a)tecla, his widow, and (b) abel and cain, his illegit
bros. he left a net estate of 6M. distribute among legal heirs.
• Wife: 6M (Intestate Suc)
• Article 992. An illegitimate child has no right to inherit ab intestato from
the legitimate children and relatives of his father or mother; nor shall
such children or relatives inherit in the same manner from the
illegitimate child.

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