Vanessa May C.

Ga

Quiz 3 Final Term Succession

1. A in his will gave P2,000,000 to B, and P2,000,000 to C. B

and C are A’s legitimate sons. The estate is P4,000,000. B has a
legitimate child D. B owes X P500,000 but B repudiated the
inheritance although he was insolvent. X petitioned the court to
authorize him (X) to accept the inheritance.
(a) Will X be allowed to do so?

Answer: Yes, X will be allowed but only to the extent of P 500,000

since under the law, the creditor cannot accept everything that has
been repudiated, they can accept only to the extent that they have
been prejudiced.

(b) If there be any excess, who should get the same?

Answer: The remaining P1,500,000 will not go to B’s child D since the
one who repudiates does not transfer his rights to his heirs. The
excess will go to C by virtue of accretion.

2. B and C are A’s legitimate children. During A’s lifetime, he gave

B the sum of P1,000,000. In his will, A distributed his remaining
estate of P9,000,000 as follows: B was given P1,500,000; C was
given P2,500,000; and F, a friend, was given P5,000,000. When A
died, B complained, stating that he had not been given his right
legitime. Is B right?

Answer: The complain of B is not acceptable. The P1,000,000 given

to him is collationable making the hereditary estate P10,000,000.
B’s legitime which is P2,500,000 has been satisfied because the
donation made during the lifetime of A is considered as an advance
to his legitime.

3. T has two legitimate children, A and B. T made a will, giving A

a legacy of P1,000,000. There was no other provision to the will.
The estate was P10,000,000. In as much as P1,000,000 has been
disposed of as a legacy, how will the remaining P9,000,000 be
divided?
Answer: P9,000,000 will be divided equally by A and B. Each of them
will get P4,500,000. The P1,000,000 given as legacy to A is not
considered as an advance of his legitime, but an advance of the
free portion. It is clear that by giving A the legacy, the testator
intended to give him a preference.

4. A, B, and C are co-heirs. Before partition, A sold his

hereditary rights to X for P1,000,000. X then sold Y for
P2,000,000. If B wants to redeem, how much must he pay Y?

Answer: B must only pay P1,000,000 only. The law states that the
redemptioner must be reimburse the price of the sale. Even if the
right has been resold, the law is still applicable. This cannot be
evaded by a reconveyance of the interest to a third person at a
higher price. Subsequent buyers get the property burdened with
the right of co-heir to effect a redemption at the price for which the
heir who sold it parted with it.