EDITED

PART 2
1. “T”, who had no compulsory heir, died leaving a will whereby he gave
device of a commercial land and building thereon to his brother, “B”,
as the first heir, imposing upon the latter the obligation to preserve and
to transmit the property upon his death, to “S”, the son of “B”.
“B”, the first heir and “S”, the second heir, were both living at the time of
the death of the testator. However, “S” the second heir died ahead of “B”, the
first heir. “S” was survived by “W”, his wife, as his only heir. Upon the death
of “B”, is “W” entitled to the property? Why? (10%)

2. X was disinherited by his father Y. In the probate of Y’s will, can the
children of X represent their disinherited father? Yes or No? (5%)
In the preceding number, would your answer be the same if “X”
repudiates his share? (5%)

3. A had a son B and the latter adopted C. B predeceased his father. Can C
represent B in the inheritance of A? why or why not? (5%)

4. If a compulsory heir is disinherited, is it limited to his legitime? (10%)

5. “T”, disinherited his on “W” for the maltreatment of him while “T” is
still alive. The said cause was not found in the will, but only in the
codicil. Is there a valid disinheritance? (5%)
What is a codicil? (5%)
6. A executed a will consisting of ten pages. At the probate, B, one of his
children interposed an opposition on the ground that one of the pages of
the same has not been signed by A and one of the witnesses. Rule on
the opposition (5%)

7. “T” who had two legitimate children, “A” and “B”, donated inter-vivos
P 20,000 to “A”. shortly after the donation, “T” died intestate. The
remaining net estate of “T”, after the donation, in the amount of P
60,000 shall be distributed, how? (5%)

8. Jose and Maria has a son, Pedro. Jose, before his death, donated a
parcel of land which constituted as his exclusive property to his son,
Pedro. Later, Pedro died without any issue and the land went to his
mother, Maria, by intestate succession. Maria died ten years later. The
land is now claimed by: (1) Mario, the brother of Jose; and (2) Juanita,
the sister of Maria. Who is/ are entitled to the land? (5%)

9. “A” and “U” are the aunt and uncle of “D”, the decedent. “A” died
ahead of “D” and “A” was survived by a child, “S”. If “D” dies
intestate, may “S” inherit from “D”? (5%)

10. How are shares be divided to the following heirs, indicate also
the percentage of free portion (no need to explain):
a. “T”, survived with his Spouse, “SS”, and two legitimate sons “A”
and “B”. (2.5%)
b. “T”, survived with his Spouse, “SS” , T’s Mother, “M” and “B”
an illegitimate son. (2.5%)
c. “T”, survived with his Spouse, “SS”, T’s illegitimate mother,
“M”, and “A” an illegitimate son. (2.5%)
d. “T”, survived with his Mother and Father; “M” and “F”, “Z” as
illegitimate son, “W” T’s brother. (2.5%)
 e. “T” survived with his Spouse, “SS”, two legitimate sons; “A” and
B”, and three illegitimate sons “C”, “D”, “E”. (2.5%)
f. “T’ survived with his illegitimate son “A”, and an illegitimate
Father, “IF”. (2.5%)

11. Discuss the “Iron Bar Rule” or the “Iron Curtail Rule”. (5%)

12. Rosalie, the illegitimate daughter of Reynaldo and Rosemarie,

died intestate, without, any ascendant or descendant. Her estate worth
P2M is being claimed by Rosario, the legitimate daughter of her father
Reynaldo and Rodrigo, the legitimate son of her mother Rosemarie.
Rosalie’s estate shall be inherited by who? (10%)

13. The testator is survived by his wife, “W”, his legitimate children,
“A” and “B”, and his illegitimate children, “C” and “D”. “C” is an
acknowledge natural child, while “D” is an adulterous child. The net
value of the estate is P40,000. Distribute. (10%)

14. “X” died testate in 1974, survived by two grandchildren, B and

C, children of A, a legitimate son of X, who died on 1970. B is
legitimate , while C is acknowledged natural. Can the two represent A
with respect to the legitime to which the latter would have been entitled
had he survived the testator? (5%)
Suppose in the problem above, A is an acknowledge natural child,
would that make a difference in your answer? (5%)

15. What are the exceptions to the rule that relatives of the same
degree shall inherit in Equal shares? (10%)