ATENEO DE DAVAO COLLEGE OF LAW

Wills and Succession

4th Year – Manresa
1st Quiz

Instruction: Write TRUE is the statement is true, and FALSE if the statement is
False. (1% each)

1. The binding effect of contracts upon the heirs of the deceased party is not altered by
the provision in the Rules of Court (Rule 89) that money debts of a deceased must
be liquidated and paid from his estate before the residue is distributed among said
heirs.

2. Legatees and devisees may be compulsory heirs.

3. All compulsory heirs are legal heirs.

4. All legal heirs are compulsory heirs.

5. The concept that testacy is preferred over intestacy means that as long as there is a
last will and testament it shall always be given effect even if yet to be probated.

6. Extrinsic evidence can be used to cure a defect consisting of imperfect description

of the property given.

7. Oral evidence is not allowed to cure an ambiguity in a will because it opens the door
to fraud.

8. The intrinsic validity of the will from the viewpoint of time is governed by the law
in force at the time of the execution of the will.

9. A will which is extrinsically void will never become valid.

10. A Chinese who is a resident of Japan can observe the laws of Japan if he executes
the will in the Philippines.

11. Whether or not there is preterition in the will depends upon the time of death of the
decedent and of the heir.

12. The concept of judicial notice does not apply to foreign laws.

13. The Doctrine of Renvoi may apply if the testator is a citizen of California but leaves
properties in the Philippines and his national law observes the rule of lex rei sitae
insofar as succession to his properties is concerned.

14. The Doctrine of Processual Presumption was followed in the case of In re: Testate
Estate of Christensen, Aznar vs. Garcia (G.R. No. L-16749, January 31, 1963).

15. Strictly speaking, testamentary capacity is the same as testamentary power.

16. If our jurisdiction follows the theory under the New Civil Code in the determination
of age, a person can already execute a last will and testament even if he has not yet
celebrated his 18th birthday.

17. Passive testamentary capacity is capacity to succeed.

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18. Persons suffering from civil interdiction both have active and passive testamentary
capacity.

19. Transmission by inheritance is taxable at the time of the predecessor’s death,

notwithstanding the postponement of the actual possession or enjoyment of the
estate by the beneficiary, and the tax is measured by the value of the property
transmitted at that time regardless of its appreciation or depreciation.

20. Morons have testamentary capacity.

21. In his will, Joaquin left his antique furniture to some of his nephews. This will
suffers from latent ambiguity.

22. Olga was both a national and a domicile of California at the time of her death. She
left a will disposing all of her properties in the Philippines in favor of her best friend
Lady and nothing to her legitimate daughter Xenia. The will is void because it
disregards the system of legitimes in the Philippines.

23. As a general rule, the presumption is in favor of soundness of mind. However, the
testator shall be presumed to be of unsound mind if he was placed under
guardianship.

24. A person who is psychologically incapacitated insofar as complying with his marital
obligations is concerned is also of unsound mind insofar as executing a last will and
testament is concerned.

25. A will executed by a minor can be ratified by him upon reaching the age of majority.

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