You are on page 1of 2

Q: If in the will of X, he gave a condo unit to the wife of the priest.

Would that wife of the priest


be entitled to the condo unit? Issue is the relationship of wife with the priest.

A: No. CSU: If the first cousin is incapacitated by the law, so must also be the wife.

Q: A and B are half-brothers. A is the child of X. A caused the death of the grandchild of B. Can
A still inherit from X?

A: If X is the common parent, A can still inherit if there was no intent to kill. Next is condonation.

Q: In the will of X, a condo unit was given to A and A was one of the witnesses. May A inherit
the condo unit as a voluntary heir.

A: Yes, if there are 3 other competent witnesses to the will.

Art. 1027 – applies only to testamentary succession


Art. 1032 – applies to both

Q: If the heir witnessed the death of the testator and did not report the incident. Will that
incapacitate him to inherit?

A: No.

Q: May an heir commit an act of unworthiness after the death of the testator?
A: Yes, forging a will, etc.

Q: If after the death of X, a will was discovered wherein A was given a car but A committed an
act of unworthiness against X. May A inherit?

A: Yes, if at the time of execution, he had knowledge of such.

Q: If A, heir of X, committed an act of unworthiness, and a criminal complaint was filed. During
the pendency of that case, A died then X died. May A inherit?
A: No, because A predeceased X.

Q: If X was the first one to die, will A inherit from X?


A: It would depend if A was convicted. Although A is convicted years after, the effect would
retroact to the date of succession.

Q: If the action to declare the heir incapacity was filed 6 years after the death of X. Will the
action prosper?
A: It would depend on when A will take possession.

Q: X died with 3 children, C committed an act of unworthiness. If the net estate of X who died
intestate is P3M, how will this estate be distributed?
A: Heirs of C will only inherit the legitime and not the free portion. Art. 1035
Q: If after the death of X, the heirs found a deed of sale on a parcel of land where the decedent
is the seller and the buyer is in the possession of the land. Will the land may from part of the
estate of X?
A: Yes, if the contract of sale is void or voidable.

Q: Will monetary obligations of the deceased be part of the inheritance?


A: No.

Q: Is a corpse of a decedent from part of the inheritance?


A: No.

Q: In the will of X, X gave 10M to A which amount will be taken from an account of X in BDO. X
died, settlement took 30 years. Will the interest from part of the estate?
A: No, Art. 781 is inaccurate. If interest accrued after the death, it cannot form part of
inheritance.