SWU

SUCCESSION EXERCISES

DEAN JSV
1.Emil, the testator, has three legitimate children,
Tom, Henry and Warlito; a wife named Adette;
parents named Pepe and Pilar; an illegitimate
child, Ramon; brother, Mark; and a sister,
Nanette. Since his wife Adette is well-off, he
wants to leave to his illegitimate child as much
of his estate as he can legally do. His estate
has an aggregate net amount of Php
1,200,000.00 and all the above-named
relatives are still living. Emil comes to you for
advice in making a will.

How will you distribute his estate according to

his wishes without violating the law on
testamentary succession?
2. Mr. XT and Mrs. YT have been married
for 20 years. Suppose the wife, YT, died
childless, survived only by her husband,
XT. What would be the share of XT from
her estate as her inheritance? Why?
Explain.
3. A Filipino couple, Mr. and Mrs. BM, Jr.,
decided to adopt YV, an orphan from St.
Claires orphanage in New York City. They
loved and treated her like a legitimate child
for they have none of their very own.
However, BM, Jr. died in an accident by the
sea, followed to the grave a year later by
his sick father, BM, Sr. Each left a sizable
estate consisting of bank deposits, lands
and buildings in Manila. May the adopted
child, YV, inherit from BM, Jr.? May she
also inherit from BM, Sr.? Is there a
difference? Why? Explain.
4. Testator left an estate of P 120,000.00 with
the following surviving relatives: his father,
maternal grandfather, four illegitimate
children, three nephews, two brothers, two
stepsons and three legitimate children the
eldest of whom received P 30,000.00 as
donation inter vivos. Testators best friend
was given a preferred devise valued at P
15,000.00 and his charitable two neighbors
were given legacies of P 5,000.00 each.
a. Are there legacies or devises to be reduced
or suppressed to protect the legitimes? Or to
preserve the donation?
b. How much is the free portion?
5. Testators estate is 480 Million Pesos. His
legitimate sons Armand and Ben and
illegitimate daughter Cynthia are his only
surviving relatives and each one is instituted
to one third of my estate but they must give
a legacy of 18 Million Pesos to my maid
Miriam. How much should each child
contribute to the legacy?
6. Testator died leaving behind only his wife,
two legitimate children, one adopted child,
one legitimated child and one illegitimate
child. With an estate of 120 Million Pesos,
determine the legitimes of each
compulsory heir as well as the disposable
portion of the estate.
7. Malou gave birth to Johns child while both
were still singles. The former was actually
the granddaughter of the latters uncle. They
got married later, and two months thereafter,
a second child was born. A year later, John
died and two months after his death, a third
child was born to Malou. Apart from the
surviving relatives, John also had a
maternal grandmother and a stepson. From
an estate of 12 Million Pesos, how much are
the legitimes of Johns compulsory heirs?
And how much is the free portion?
8. Decedent drowned while scuba diving
after his parents Augusto and Bernarda
also died in a sea mishap a year ago.
Surviving relatives are the following: Carlo,
brother of Augusto; Dondon, son of
Bernarda from a previous marriage; Ernie,
Augustos father; Froilan and Gregoria,
parents of Bernarda, and Helen, mother of
Ernie.
There being no will, how shall the
P800,000.00 estate be distributed?
9. Antonio and Ben are brothers of
the half blood. All other relatives
predeceased their decedent
paternal grandfather except the
surviving spouse of their common
parent. Are all the three survivors
entitled to intestate shares?
10. Testatrix Wilma, conceived outside
of wedlock, died with the following
survivors: maternal grandmother,
stepdaughter, mother, two sisters, two
illegitimate children, a stepson and
widower. With 24 Million Pesos as
estate, how much should each
compulsory heir receive? And how
much is the free portion?
11. Mr. Cruz, widower, has three legitimate
children, A, B and C. He executed a Will
instituting as his heirs to his estate of One
Million (P1,000,000.00) Pesos his two
children A and B, and his friend F. Upon his
death, how should Mr. Cruzs estate be
divided? Explain.
12. In his last will and testament, Lamberto
1) disinherits his daughter Wilma because
she is disrespectful towards me and raises
her voice talking to me. 2) omits entirely
his spouse Elvira, 3) leaves a legacy of
P100,000.00 to his mistress Rosa and
P50,000.00 to his driver Ernie and 4)
institutes his son Baldo as his sole heir.
How will you distribute his estate of
P1,000,000.00?
13. Cristina, the illegitimate daughter of
Jose and Maria, died intestate, without
any descendant or ascendant. Her
valuable estate is being claimed by Ana,
the legitimate daughter of Jose, and
Eduardo, the legitimate son of Maria.
Is either, both, or neither of them
entitled to inherit? Explain.
14. A is the acknowledged natural child
of B who died when A was already 22
years old. When Bs full blood brother,
C, died he (C) was survived by his
widow and four children of his other
brother, D. Claiming that he is entitled to
inherit from his fathers brother, C, A
brought suit to obtain his share in the
estate of C.
Will his action prosper?
15. A had two sons, one legitimate (B)
and the other illegitimate (C), who both
died in a car accident. At the time of the
accident, B was not married but had an
illegitimate son, D. C also had an
illegitimate son, E. Upon learning of the
death of his sons, A suffered a heart
attack and died.
Can D and E inherit from A? Explain.
16. Cristy and her late husband Luis had two
children, Rose and Patrick. One summer, her
mother-in-law, aged 70, took the two children,
then aged 10 and 12, with her on a boat trip to
Cebu. Unfortunately, the vessel sank en route,
and the bodies of the three were never found.
None of the survivors ever saw them on the
water. On the settlement of her mother-in-
laws estate, Cristy files a claim for a share of
her estate on the ground that the same was
inherited by her children from their
grandmother in representation of their father,
and she inherited the same from them. Will
her action prosper?
17. Mr. and Mrs. Cruz, who are childless, met with a
serious motor vehicle accident with Mr. Cruz at the
wheel and Mrs. Cruz seated beside him, resulting in
the instant death of Mr. Cruz. Mrs. Cruz was still alive
when help came but she also died on the way to the
hospital. The couple acquired properties worth One
Million (P1,000,000.00) Pesos during their marriage,
which are being claimed by the parents of both
spouses in equal shares. Is the claim of both sets of
parents valid and why?
Suppose in the preceding question, both Mr. and
Mrs. Cruz were already dead when help came, so that
nobody could say who died ahead of the other, would
your answer be the same to the question as to who
are entitled to the properties of the deceased couple?
18. A freak sea mishap in the waters of Mactan
island resulted in the immediate death of spouses
Armando and Barbara and one of their three
children. Armando has a child from a previous
marriage. The only surviving relatives of the couple
are the two children, Armandos mother and a
brother, and two orphaned nieces of Barbara.
The couples common property is 9.6 Million Pesos
and exclusive properties of 4.8 Million Pesos each
with no debts and charges. The deceased childs
property is Php 480,000.00, also without debts and
charges. There is no will.
1. Who are the intestate heirs?
2. How much is each one entitled to receive?
19. Masked terrorists lobbed grenades and
fired rifle shots at a bus bound for Southern
Cebu killing spouses Ernesto and Aurora
and the latters illegitimate daughter,
Marilen. Alix and Jessie are their common
chlidren, but Ernesto had another child from
a previous marriage named Kirk and an
illegitimate daughter from another partner
named Mundlyn. Aurora has a mother
named Flor.
(continue to next slide)
The couples common property is valued at
240 Million Pesos, but Ernesto has
exclusive property valued at 20 Million
Pesos and Auroras own property was
valued at 4 Million Pesos. Marilen has
property worth 2 Million Pesos.
1. Who are entitled to intestate shares?
2. How much is each one entitled?
20. a. Luis was survived by two legitimate
children, two illegitimate children, his
parents, and two brothers. He left an
estate of P1 million. Who are the
compulsory heirs of Luis, how much is
the legitime of each and how much is the
free portion of his estate, if any?
b. Suppose Luis, in the preceding
question (a), died intestate. Who are his
intestate heirs, and how much is the
share of each in his estate.
21. All the decedents relatives
predeceased him except two uncles,
one aunt and three nieces (children of a
brother and a sister).

Who are entitled to intestate shares?

And how much is each one entitled
from an estate of P240,000.00?
22. Tessie died survived by her husband
Mario, and two nieces, Michelle and
Jorelle, who are the legitimate children
of an elder sister who had predeceased
her. The only property she left behind
was a house and lot worth two million
pesos, which Tessie and her husband
had acquired with the use of Marios
savings from his income as a doctor.
How much of the property or its value, if
any, may Michelle and Jorelle claim as
their hereditary shares?
23. X, the decedent, was survived by W (his
widow), A (his son), B (a granddaughter,
being the daughter of A) and C and D (the
two acknowledged illegitimate children of the
decedent). X died this year (1997) leaving a
net estate of P180,000.00. All were willing to
succeed, except A who repudiated the
inheritance from his father, and they seek
your legal advice on how much each can
expect to receive as their respective shares in
the distribution of the estate.
Give your answer.
24. The following are decedents survivors:
his widow, two uncles, two orphaned nieces,
8 illegitimate children and maternal
grandfather. Estate is 8 million Pesos.
1. Who are entitled to the intestate shares?
2. How much is each one entitled?
3. If the decedent is an illegitimate child,
who would be entitled to intestate shares?
4. And how much would be their respective
shares from the estate of this illegitimate
child?
25. Decedent died survived by the
following: two paternal uncles, two
orphaned sons of his deceased half-
brother, two sisters of the full blood and
two maternal aunts. Estate is
P400,000.00
1. Who are the legal heirs?
2. How much does each one receive as
intestate shares?
26. Spouses Felix and Luisa, both 99 years old, had an
80-year-old son named Butch, who had a 60-year-old
son named Climaco (Luisas grandson), who had a 40-
year-old son named Donato (Luisas great grandson),
who had a 20-year-old son named Eumel (Luisas great
great grandson), and who had a 6-month-old daughter
named Faith.
Last year, after a hearty meal when attending a fiesta
celebration in Urgello st., Cebu City, Luisas male
descendants, who were all unmarried, died one after the
other, starting from the youngest to the oldest in just one
day! Barely one hour separated the first death from the
next, until the last one.
At the time of their deaths, each had an estate valued at
Ten Million Pesos each.
1. Who are the intestate heirs?
2. How much is each one entitled to receive?
 (I S R A I)
27. Alma, Bonita and Carla are testators
legitimate children, and Fe his friend. The
three sisters and Fe have one child each.
Testators will states: To Alma, Bonita
and Carla, of my whole estate valued at
P120 million; Alma and Fe, of the free
portion, and to Bonita of the free portion
with Dennis, my neighbor, as substitute.
Bonita and Fe predeceased testator.
How much is each heir entitled to receive?
28. A person died leaving behind the following
survivors: surviving spouse, two legitimate
children, maternal grandfather, four
illegitimate children, two sisters of the half
blood and two brothers of the full blood.
Estate was 320 Million Pesos.
1. In TESTATE succession, how much should
each compulsory heir receive as legitime?
2. In INTESTATE succession, how much should
each legal heir receive as intestate share?
29. Testators will mandates: To each one of my illegitimate
daughters named Contra, Bida & Artista, I give 1/6 of my
estate; the remainder shall be shared by the ffg.: Doy, my
ugly classmate with a handsome son; Emoy, who has two
sons, in recognition for his giving me spiritual aid &
comfort since I suffered from erectile dysfunction and to
Dr. Tom Bok, my thin & sickly doctor. Estate is 12 Million
Pesos.
1. Who may be entitled to the estate if testators three
daughters predeceased him? And their respective shares?
2. How shall the estate be divided if Doy and Dr. Bok
predeceased the testator?
3. If Artista died ahead of testator, who may be entitled to
HER share?
4. Who shall be benefited, if any, if Dr. Bok repudiates his
share?