12/4/2020 TX2 - 1st MQ

TX2 - 1st MQ
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Points: 11/30

1. Which is true? Legal or intestate succession does not take place *

(0/1 Point)

If a person dies without a will, or with a void will, or one which has subsequently lost its
validity

When the heir instituted is capable of succeeding 

When the will does not dispose of all the property belonging to the testator

If the suspensive condition attached to the institution of heir does not happen or is not
fulfilled

2. It deprives an heir to inherit properties by the decedent through the issuance of a will *
(1/1 Point)

Disinheritance 

Distributable share

Legitime

Disqualification

3. The elements of succession are:

I. Decedent
II. Estate
III. Heirs
IV. Administrators/Executors *
(0/1 Point)

I and II only

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I to III only 

I to IV

None of the choices

4. Which of the following is not a compulsory heir? *

(1/1 Point)

Legitimate children and descendants, with respect to their legitimate parents or ascendants.

In default of letter a, legitimate parents or ascendants, with respect tot their legitimate
children or ascendants.

Widow or widower

Relative by affinity 

5. Heirs, for estate tax purposes are classified as

I. Voluntary heirs
II. Compulsory heirs
III. Legal or intestate heirs *
(1/1 Point)

I only

I and II only

I, II, and III 

None of the choices

6. Which is not authorized to take charge of the estate during intestate period? *
(0/1 Point)

Executor

Court 

Administrator

Heirs

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7. Mr. Kalu Wah executed a second will three months after he executed the first one. The second
will is silent as to the first will. What effect does the second will produce? *
(0/1 Point)

The second will is void because he waived his right to revoke the first will.

The first will is automatically revoked because of the existence of a subsequent will.

The second will annul provisions of the first will that are inconsistent with the second will. 

The first will shall subsist over the second will because it is the original will.

8. Statement 1: Compulsory heirs include illegitimate children.

Statement 2: In the absence of compulsory heirs, relatives to the 6th degree would inherit the
estate. *
(1/1 Point)

Both statements are false

Both statements are true

Only statement 1 is true 

Only statement 2 is true

9. The tax imposed on the transfer of property without consideration between two or more
persons who are living at the time the transfer is made *
(1/1 Point)

Estate tax

Business tax

Donor’s tax 

Personal tax

10. The net hereditary estate is P10,000,000. The surviving relatives are the two (2) legitimate
children and the spouse. How much portion of hereditary estate can be distributed as devise
or legacy to strangers? *
(0/1 Point)

P5,000,000

P10,000,000

Zero

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P2,500,000 

11. Statement 1: Brothers and sisters of the decedent are not compulsory heirs.
Statement 2: The surviving spouse is not entitled to his legitime if all other compulsory heirs
exist. *
(0/1 Point)

True, False 

False, True

True, True

False, False

12. Statement 1: Representation is a right created by fiction of law by virtue of which the
representative is raised to the place and degree of the person represented and acquires the
rights which the latter would have if he were living or if he could have inherited.
Statement 2: If a compulsory heir dies ahead of the testator, his legitime goes to the child by
representation. *
(0/1 Point)

Both statements are false

Both statements are true

Only statement 1 is true 

Only statement 2 is true

13. Statement 1: A “will” is an act whereby a person is permitted, with the formalities prescribed
by law, to control to a certain degree the disposition of his estate upon his death.
Statement 2: A “codicil” is a supplement or an addition to a will, made after the execution of a
will and annexed to be taken as a part thereof, by any disposition made in the original will is
explained, added to, or altered. *
(1/1 Point)

Both statements are false

Both statements are true 

Only statement 1 is true

Only statement 2 is true

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14. Which of the following is a valid will? *

(0/1 Point)

That which reduces the legitime of compulsory heirs

That which increase the share of one heir without impairing the legitime of the other heirs 

That which transfer the legitime of one heir to the other heir

That which impair the legitime of compulsory heirs

15. Which among the following are the kinds of succession?

I. Testamentary or testate succession
II. Legal or intestate succession
III. Mixed succession *
(1/1 Point)

I only

I and II only

I, II, and III 

None of the choices

16. Statement 1: In testamentary and legal succession, the compulsory heirs are assured of their
legitimes.
Statement 2: In every inheritance, the relative nearest in degree excludes the more distant
ones, saving the right of representation when it properly takes place. *
(0/1 Point)

Both statements are false

Both statements are true 

Only statement 1 is true

Only statement 2 is true

17. Which of the following statements is true? *

(1/1 Point)

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The sharing of heirs in intestate succession does not satisfy the rule on legitimes.

The sharing of heirs in testamentary succession must satisfy the rules on legitimes. 

A compulsory heir cannot receive more than his legitimes.

There cannot be disinheritance for compulsory heir.

18. Justification for the imposition of transfer tax *

(1/1 Point)

Redistribution of wealth theory

Benefit received theory

State partnership theory

All of the choices 

19. In default of testamentary heirs, the law determines who are to succeed to the inheritance of
the deceased. Which one of the following ranks first in the order of succession? *
(0/1 Point)

Legitimate children 

Surviving spouse

Legitimate parents

Illegitimate parents

20. The hereditary estate is P3,000,000. The surviving relatives are the parents, the spouse and
the illegitimate child. The testator is giving all the free portion to the surviving spouse. How
much would be the total amount to be inherited by the wife? *
(0/1 Point)

P1,500,000

P750,000 

P375,000

P1,125,000

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21. Statement 1: A sale on installment basis is considered as an onerous transfer.
Statement 2: A gift out of love to former girlfriend is an onerous transfer. *
(0/1 Point)

Both statements are false

Both statements are true

Only statement 1 is true 

Only statement 2 is true

22. Which of the following is not a valid will? *

(0/1 Point)

That which increases the legitime of a compulsory heir

That which transfers the portion of legitime to other successors other than compulsory heir(s)


That which reduces the free portion of the estate tax

That which transfers a part of the free portion to a compulsory heir

23. Which of the following statements is not true as regards intestate succession? *
(0/1 Point)

If only the spouse survives, he shall inherit the entire estate.

When two legitimate children with the spouse survive, each is entitled to one-third of the
estate.

If only the legitimate parents survive, the entire estate goes to them

Collateral relatives shall succeed half the entire estate while the other half goes to the State 

24. Statement 1: A free portion of the estate could be transferred to compulsory heirs by virtue of
a will.
Statement 2: The surviving spouse is always entitled to his or her legitimes that varies
according .to the number and classes of the other surviving compulsory heirs. *
(1/1 Point)

Both statements are false

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Both statements are true 

Only statement 1 is true

Only statement 2 is true

25. A person appointed by the testator to carry out the provisions of the will is called *
(0/1 Point)

Administrator 

Executor

Enforcer

Beneficiary

26. Statement 1: A holographic will is a will entirely written by a testator with his own hand and
need no witness.
Statement 2: A person has unlimited right to make donations in his last will and testament. *
(0/1 Point)

True, true

false, false

true, false 

false, true

27. The net distributable estate of A who died intestate is P10,000,000. The surviving relatives
are the spouse and four (4) legitimate children, and the father of the deceased. How much
would be the inheritance of the spouse? *
(0/1 Point)

P1,250,000 

P2,500,000

P5,000,000

P1,500,000

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28. A testator may execute a holographic will instead of an ordinary will. Which among the
following statements pertaining to holographic will is false?
I. A person may execute a holographic will which must be entirely written, dated and
signed by the hand of the testator himself.
II. A holographic will is subject to no other form, and may be made within or outside of the
Philippines, and need not be witnessed.
III. In case of any insertion, cancellation, erasure or alteration in a holographic will, the
testator must authenticate the same by his full signature. *
(0/1 Point)

II only

III only

I, II, and III

None of the choices 

29. The following statements pertain to relatives by consanguinity, except

I. Consanguinity is the relation subsisting among all the different persons descending from
the same stock or common ancestor.
II. Portion of the blood of the common ancestor flows through the veins of all his
descendants, and though mixed with the blood flowing from many other families, yet it
constitutes the kindred or alliance by blood between any two of the individuals.
III. This relation is also known as relation by blood.
IV. Relation by consanguinity is of two kinds: lineal and collateral. *
(1/1 Point)

I and II only

I, III, and IV only

I, II, III and IV

None of the choices 

30. In a legal succession *

(0/1 Point)

Only full blood brothers and sisters may inherit

Even half blood brothers and sisters may inherit 

Half blood brothers and sisters are not considered collateral relatives

Full blood brothers and sisters do not inherit

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