IN re will of Sancho Abadia

Issue: WN a holographic will that was executed during the effectivity of the civil code may be probated
during the time of the effectivity of the New civil code.

Fluemer v Hix

WN the Philippine courts are authorized to take judicial notice of foreign laws inso far as the will of the
deceased in this case is concerned

William Giberson

WN the wills executed outside the Philippines may be probated in the Philippines without being
probated in the country of its execution

Dela cerna v Potot

WN a joint will that was previously admitted in a probate proceedings may be denied subsequent
probate

Bernabe Rodriguez

WN the separate wills of husband and wife naming each other as their universal heir should be
considered as a joint will prohibited by law

Estate of christensen

Whether or not the Philippine law should apply in the present case where the decedent was an
American citizen but domiciled in the Philippines

Estate of Amos Bellis

WN the Texas law, which does not provide for legitimes, should apply in the present case where the
deceased was a national of Texas and domiciled therein but the properties are situated in the
Philippines - Doctrine of renvoi was not applied because the deceased was a national of texas and
domiciled therein. It only applies where the deceased is a national of a foreign country and domiciled in
another country

Cayetano v Leonidas

WN the Philippine law shall apply as to the intrinsic validity of the will of the deceased who was an
American citizen and resident of Pennsylvania, USA

Testate intestate of Rigor v Rigor

WN the bequest which refers to the testator’s nearest male relative who would study for priesthood
should apply only to male relative living at the time of his death
Wills quiz 1

1. A will is valid if executed in accordance with the law of the place of execution. FALSE
2. A will may be void if it was not read to the testator twice even if he was not blind at the time of
the execution of the will. –True. In the case of glucoma, illiterate persons.
3. The legitime of the illegitimate children is half the legitime of the legitime children. FALSE. Wag
daw grupo grupo.
4. IN fideicommissary substitution, if both the fiduciry and fideicommissary survived the testator,
the latter shall acquire a right to the succession from the time of the testator’s death, even
though he should die before the fiduciary. TRUE
5. There can be reserva troncal even if the origin did not die. TRUE can be donated, not necessary
death.
6. The substitute shall inherit if the first heir predeceased. FALSE, if the testator gave a ground of
substitution.
7. If the legatee or devisee acquires the thing bequethed to hims gratuitously after the execution
of the will, he can claim nothing by virtue of the legacy or device. TRUE
8. Every notarial will must be acknowledge before a notary public by the testator and the
witnesses, in the presence of each other. FALSE presence of each other is not required.
9. Preterition is the total omission of a compulsory heir in the direct line from the will. FALSE
10. The recognition of an illegitimate child does not lose its legal effect even though the will wherein
it was made should be revoked. TRUE
11. The compulsory heir/s of X an illegitimate child is/are a. his grandfather, b. legitimate child of his
father, c. his nephew, d. brother, e. all of the above, f. none of the above - F
12. The legal heirs of X, a Filipino are except a. his surviving spouse, b. illegitimate child, c. first
cousin, d. brother, e. great grandchild of his brother, f. None of the above
13. A was one of the witnesses to the execution of the will of X. In the will, X gave a car to A. Which
of the following is correct?
a. The legacy is void.
b. The will is void
c. A cannot be considered as a competent witness
d. All of the above
e. None of the above
14. A, a French national but a permanen resident of Canada, suffered a heart attack and died in
Japan while attending a conference. He was survived by his wife, his parents, a sister and two
children who are all citizens of New York. He left properties in the Philippines and in Germany.
He left a will which he executed in Tacloban City. The will of X may be probated if it was
executed in accordance with the
a. Law of NY
b. Law of Japan
 c. Law of Germany
d. All of the above
e. None of the above
15. The priest who heard the confession of the testator during his last illness is incapable of
succeeding because of
a. Mistake
b. Fraud
c. Due influence
d. Violence
e. Intimidation
f. None of the above
16. X who was not in danger of death, disappeared at the age of 76. It being unknown whether or
not he still lives, he shall be pronounced dead for purposes of succession after an absence of
a. 1 yr
b. 5 yrs
c. 7 yrs
d. 10 yrs
e. 2 yrs from his disappearance
17. A disposition in favor of an heir is revoked by implication of law if
a. He was convicted of a crime
b. He is guilty of adultery or concubinage
c. He accused the testator of a crim
d. Prevented the decedent from making a will by mistake
e. All of the above
f. None of the above
18. The ff are grounds for substitution, except:
a. Disinheritance
b. Incapacity
c. Renunciation
d. Predecease
e. None of the above
19. There is no right of representation
a. In the ascending line
b. In the descending line
c. In the collateral line
d. Both a and b
e. Both a and c
20. The compulsory heir of X, a Filipino, is
a. His wife who is his first cousin
b. Illegitimate child of his legitimate son
c. His sister
d. Nephew
e. Uncle
f. None of the above