Succession

Definition to Codicils
[Follow the Outline]

Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.

1. A will made in the Philippines by a citizen or subject of another country produces effect
in the Philippines if made with the formalities prescribed by the law of the place in which
he resides.
2. Full blood relationship is that existing between persons who have legitimate relations.
3. The cause of unworthiness shall be without effect if the testator had knowledge thereof at
the time he made the will.
4. A voluntary heir is a person called to the succession either by the provision of a will or by
operation of law.
5. If the person excluded from the inheritance by reason of incapacity should be a child or
descendant of the decedent and should have children or descendants, the latter shall
acquire his right to the legitime.
6. The action for a declaration of incapacity and for the recovery of the inheritance, devise
or legacy shall be brought within five years from the time the death of the decedent.
7. An inheritance is deemed accepted if the heir assigns his right to a stranger.
8. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may
petition the court to authorize them to accept it in the name of the heir.
9. If a person, who is called to the same inheritance as an heir by will and ab intestato,
repudiates the inheritance in his capacity as an intestate heir, without knowledge of his
being a testamentary heir, he may still accept it in the latter capacity.
10. Legal succession takes place if a person dies with a will which has subsequently lost its
validity.

11. If there are different interpretations of a testamentary disposition, that interpretation by

which the disposition is to be operative shall be preferred.
12. A will executed abroad need not be probated first in the country where it was executed
before it may be probated here in the Philippines.
13. A will which is void on its face cannot be the basis of a valid distribution of the estate of
the testator.
14. The doctrine of renvoi will apply if the decedent is a national of one country and is
domiciled in another.
15. If the will states that the language used in the will was a language “understood and
known” to the testator, then there is compliance with the requirement that the will must
be in a language known to the testator.
16. A will may be valid even if the testator’s name is affixed thereto by some other person in
his presence and by his express direction.
17. A will may be valid even if its attestation clause did not state the number of pages.
18. If the testator and witnesses acknowledged the will before another witness who is also a
notary public, the will cannot be probated.
19. The notary public need not sign the acknowledgment in the presence of the testator and
the witnesses.
20. Even if the testator was not blind at the time of the execution of the will, the will may be
denied probate if the will was not read to him twice.
Part Two
Choose the best answer.

21. The compulsory heir of X, a Filipino, is (a) his great grandfather (b) illegitimate child of
his legitimate son (c) his sister (d) nephew (e) uncle

22. The legal heirs of X, a Filipino, are, except (a) his surviving spouse
(b) illegitimate child (c) first cousin (d) brother (e) second cousin

23. Of the following who survived X, who will not inherit if X died intestate? (a) his
surviving spouse (b) his grandchild by a legitimate son (c) mother (d) illegitimate
child of his legitimate son (e) c & d

24. The priest who heard the confession of the testator X may inherit from X because: (a) the
confession was not during the last illness (b) the confession happened after the execution
of the will (c) the priest is a compulsory heir of X (d) All of the above (e) None of the
above

25. In the will of X, a house and lot was given to A who was the guardian of X. A
may inherit if (a) the will was executed before the final accounts of the
guardianship was approved (b) the testator died after the approval of the final
accounts (c) A is the brother of X (d) All of the above (e) None of the above

26. A, B and C were the witnesses to the execution of the will of X. A legacy may be
valid if it is in favor of (a) spouse of A (b) mother of B (c) child of C (d) grandchild
of A (e) All of the above (f) None of the above

27. A killed B. A may inherit from X if B is the (a) spouse of X (b) son of X (c)
mother of X (d) brother of X (e) All of the above (f) None of the above.

28. For an heir to be incapacitated, conviction is required in the following acts,

except: (a) attempt against the life of the testator (b) accusing the testator of a
crime (c) adultery with the spouse of the testator (d) All of the above (e) None of
the above.

29. The capacity of an heir to inherit shall be determined at the (a) time of the
execution of the will (b) time of the birth of the heir (c) time of the probate of the
will (d) moment of the death of the decedent (e) moment of the death of the heir
(f) None of the above.

30. X, who was not in danger of death, disappeared at the age of 69. It being
unknown whether or not he still lives, he shall be presumed dead for purposes of
succession after an absence of (a) one year (b) five years
(c) seven years (d) ten years (e) 2 years, from his disappearance.

31. If a cross appears above the name of the testator, the will (a) is void because the law
requires a full signature (b) is void because the law requires a thumb mark (c) is void
because it cannot be considered as a signature (d) may be valid as long as it is the usual
way of signing by the testator (e) may be valid as long as there is a thumb mark together
with the cross

32. One of the requirements for a will to be valid if another person signed the will is that: (a)
he must sign his name or the name of the testator (b) the signing must be in the presence
of the testator (c) the signing maybe at the express or implied direction of the testator (d)
he must be one of the three (3) witnesses (e) none of the above.
33. X executed a notarial will in September 1998 with A, B and C as witnesses. In the will, a
parcel of land was given to A. B was a minor at the time of the execution of the will. C is a
notary public. The will (a) is void because one of the three witnesses is also a legatee (b) is
void because one of the three witnesses was a minor at the time of the execution of the will
(c) is void because one of the three witnesses is a notary public (d) may be valid but the
devise is void (e) may be valid if the testator did not acknowledge the will before C.

34. If an insertion in a holographic will was made by another person after the
execution of the will without the knowledge of the testator (a) the will is void but
the insertion can be given effect (b) the will is void and the insertion cannot be
given effect (c) the will may be valid but the insertion cannot be given effect (d)
the will may be valid and the insertion can be given effect

35. The law requires a holographic will to be dated. However, it may be valid even if
it only states (a) month and day (b) day and year (c) month and year (d) month (e)
year

36. Which of the following is absolutely true? (a) Revocation is an act of the testator
(b) Revocation is by operation of law (c) Revocation presupposes a valid act
(d) Revocation takes place only during the lifetime of the testator (e) none of the
above.

37. In the will of X, he gave to A a credit in the amount of P1Million. This legacy is
deemed revoked (a) if X sent a demand letter to the debtor (b) if X filed an action
against the debtor for the collection of the said amount (c) if the court ordered the
debtor to pay X before the death of X (d) if the debtor paid X before the death of
the latter

38. 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 crime (d) prevented the decedent from making a will

39. The following are characteristics of a will, except: (a) formal (b) ambulatory
(c) joint (d) voluntary (e) none of the above

40. A will in the handwriting of the testator may be a valid will (a) only if it is an
ordinary will (b) only if it is an attested will (c) only if it is a holographic will (d)
whether it is an ordinary or holographic will (e) whether it is an ordinary or
attested will

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. An Englishman, who had resided in the Philippines for a long time, executed a will
in France, disposing of his real and personal properties in the Philippines.
 
What law governs the validity of his will? Discuss.

2. An Australian living in the Philippines acquired shares of stock worth P10 million in food
manufacturing companies. He died in Manila, leaving a legal wife and a child in
Australia and a live-in partner with whom he had two children in Manila. He also left a
 will, done according to Philippine laws, leaving all his properties to his live-in partner
and their children. What law will govern the validity of the disposition in the will?

3. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern:
1. His capacity to contract marriage in Japan.
2. His successional rights as regard his deceased Filipino father’s property in Texas,
U.S.A.
3. The extrinsic validity of the last will and testament which Juan executed while
sojourning in Switzerland.
4. The intrinsic validity of said will.

4.
1. If a will is executed by a testator who is a Filipino citizen, what law will govern if
the will is executed in the Philippines? What law will govern if the will is
executed in another country? Explain your answers.

2. If a will is executed by a foreigner, for instance, a Japanese, residing in the

Philippines, what law will govern if the will is executed in the Philippines? And
what law will govern if the will is executed in Japan, or some other country, for
instance, the U.S.A.? Explain your answers.

5. Alex was born a Filipino but was naturalized Canadian citizen at the time of his death on
December 25, 1998. He left behind a last will and testament in which he bequeathed all
his properties, real and personal, in the Philippines to his acknowledged illegitimate
Filipina daughter and nothing to his two legitimate Filipino sons. The sons sought the
annulment of the last will and testament on the ground that it deprived them of their
legitimes but the daughter was able to prove that there were no compulsory heirs or
legitimes under Canadian law. Who should prevail?

6. A, a citizen of California, USA but domiciled in the Philippines, died testate in Manila,
survived by two acknowledged natural children, B and C. In his will, he left more than
P500,000.00 to B and only P3,000.00 to C. It is admitted that under the Civil Code of
California, the domiciliary law of the decedent shall govern questions involving the
validity of testamentary provisions. C, who is contesting the validity of the disposition in
favor of B now contends that the Philippine laws with respect to succession are
applicable. Is this correct? Give your reasons.

7. Don died after executing a Last Will and Testament leaving his estate valued at P12
Million to his common-law wife Roshelle. He is survived by his brother Ronie and his
half-sister Michelle.

(1) Was Don’s testamentary disposition of his estate in accordance with the law on
succession? Whether you agree or not, explain your answer. 2.5%

(2) If Don failed to execute a will during his lifetime, as his lawyer, how will you
distribute his estate? Explain. 2.5%

(3) Assuming he died intestate survived by his brother Ronie, his half-sister Michelle,
and his legitimate son Jayson, how will you distribute his estate? Explain. 2.5%

(4) Assuming futher he died intestate, survived by his father Juan, his brother Ronie, his
half-sister Michelle, and his legitimate son Jayson, how will you distribute his estate?
Explain.
8.
(a) Luis was survived by two legitimate children, two illegitimate children, his parents,
and two brothers. He left an estate of P1 million. Who are the compulsory heirs of Luis,
how much is the legitime of each, and how much is the free portion of his estate, if any?

(b) Suppose Luis, in the preceding question (a), died intestate. Who are his intestate
heirs, and how much is the share of each in his estate?

9. Emil, the testator, has three legitimate children, Tom, Henry and Warlito; a wife named
Adette; parents named Pepe and Pilar; an illegitimate child, Ramon; brother, Mark; and a
sister, Nanette. Since his wife Adette is well-off, he wants to leave to his illegitimate
child as much of his estate as he can legally do. His estate has an aggregate net amount
of P1,200,000.00, and all the above-named relatives are still living. Emil now comes to
you for advice in making a will.
 
How will you distribute his estate according to his wishes without violating the law on
testamentary succession?

10. On 10 September 1988 Kevin, a 26 year old businessman, married Karla, a winsome lass
of 18. Without the knowledge of their parents or legal guardians, Kevin and Karla
entered into an antenuptial contract the day before their marriage stipulating that conjugal
partnership of gains shall govern their marriage. At the time of their marriage Kevin’s
estate was worth 50 Million while Karla’s was valued at 2 Million.

A month after their marriage Kevin died in a freak helicopter accident. He left no will,
no debts, no obligations. Surviving Kevin, aside from Karla, are his only relatives: his
brother Luis and first cousin Lilia.

1. What property regime governed the marriage of Kevin and Karla? Explain.
2. Determine the value of the estate of Kevin.
3. Who are Kevin’s heirs?

11. X died on January 15, 2005, survived by his wife Y and a paramour Z. A, a legitimate
child of X died on December 31, 2004. Y gave birth to B on December 30, 2005. Z gave
birth to C five (5) months after the death of X. However, C died five (5) hours after birth.
Who may inherit from X?

12. For purposes of this question, assume all formalities and procedural requirements have
been complied with.
In 1970, Ramon and Dessa got married. Prior to their marriage, Ramon had a child,
Anna. In 1971 and 1972, Ramon and Dessa legally adopted Cherry and Michelle
respectively. In 1973, Dessa died while giving birth to Larry. Anna had a child, Lia. Anna
never married. Cherry, on the other hand, legally adopted Shelly. Larry had twins, Hans
and Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry and Cherry died in a car
accident. In 2007, Ramon died.
Who may inherit from Ramon and who may not? Give your reasons briefly.

13. In the will of X, a parcel of land given to A, B, C & D. A was the priest who heard the
confession of the testator five years before his death. B was the guardian of X. C is one
of the attesting witnesses to the execution of the will of X. D was convicted of adultery.

Who may inherit from X as a voluntary heir?

14. Sol Soldivino, widow, passed away, leaving two (2) legitimate children: a 25-year old
son, Santino (whom she had not spoken to for five [5] years prior to her death since he
attempted to kill her at that time), and a 20-year-old daughter, Sara. She left an estate
worth PhP 8 million and a will which contained only one provision: that PhP 1 million
should be given to “the priest who officiated at my wedding to my children’s late father.”
Sara, together with two (2) of her friends, acted as an attesting witness to the will.

On the assumption that the will is admitted for probate and that there are no debts, divide
the estate and indicate the heirs/legatees entitled to inherit, the amount that each of them
will inherit, and where (i.e., legitime/free portion/intestate share) their shares should be
charged.

15. The husband was granted a decree of legal separation on the ground of adultery on the
part of the wife. May the wife inherit from the husband –
a) By intestate succession?
b) By will? Reasons.

16. Abraham died intestate on 7 January 1994 survived by his son Braulio. Abraham’s older
son Carlos died on 14 February 1990.
 
Danilo who claims to be an adulterous child of Carlos intervenes in the proceedings for
the settlement of the estate of Abraham in representation of Carlos. Danilo was legally
adopted on 17 March 1970 by Carlos with the consent of the latter’s wife.

17. A had two sons, one legitimate (B) and the other illegitimate (C), who both died in a car
accident. At the time of the accident, B was not married but had an illegitimate son, D.
C also had an illegitimate son, E. Upon learning o the death of his sons, A suffered a
heart attack and died.
 
Can D and E inherit from A? Explain.

18. Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof
as to who died first. Jaime’s only surviving heir is his wife, Julia, who is also Willy’s
mother. Willy’s surviving heirs are his mother, Julia and his wife, Wilma.
1. In the settlement of Jaime’s estate, can Wilma successfully claim that her late
husband, Willy had a hereditary share since he was much younger that his
father and, therefore, should be presumed to have survived longer?
2. Suppose Jaime had a life insurance policy with his wife, Julia, and his son,
Willy, as the beneficiaries. Can Wilma successfully claim that one-half of the
proceeds should belong to Willy’s estate:

19. Manuel, a Filipino, and his American wife Eleanor, executed a Joint Will in Boston,
Massachusetts when they were residing in said city. The law of Massachusetts allows
the execution of joint wills. Shortly thereafter, Eleanor died.
Can the said will be probated in the Philippines for the settlement of her estate?

20. Busalsal executed a will in his handwriting, signed by him at the end of each page on the
left marginal space of every page except the last page. The document bore no date.
However, below Busalsal’s every signature, were the signatures of two witnesses, who
later testified that the will was executed in their presence on January 1, 1985, New Year’s
 Day, and that Busalsal was in full possession of his faculties at that time and even
explained to them the details of the will he was writing down.
 
Is the will formally valid? Explain.

21. On his deathbed, Vicente was executing a will. In the room were Carissa, Carmela,
Cornelio and Atty. Cimpo, a notary public. Suddenly, there was a street brawl which
caught Cornelio’s attention, prompting him to look out the window. Cornelio did not see
Vicente sign a will. Is the will valid?

Is the will valid?

22. Natividad’s holographic will, which had only one (1) substantial provision, as first
written, named Rosa as her sole heir. However, when Gregorio presented it for probate, it
already contained an alteration, naming Gregorio, instead of Rosa, as sole heir, but
without authentication by Natividad’s signature. Rosa opposes the probate alleging such
lack of proper authentication. She claims that the unaltered form of the will should be
given effect. Whose claim should be granted? Explain.

23. With the intention of revoking his will, X asked his son A to get the envelope containing
the will from his bag. Knowing that he is heavily favored in the will, A replaced the will
with a Deed of Sale and gave the envelope to his father. X immediately burned the
envelope without looking at its contents. Is there is revocation?

24. Mr. Reyes executed a will completely valid as to form. A week later, however, he
executed another will which expressly revoked his first will, following which he tore his
first will to pieces. Upon the death of Mr. Reyes, his second will was presented for
probate by his heirs, but it was denied probate due to formal defects. Assuming that a
copy of the first will is available, may it now be admitted to probate and given effect?
Why?

25. Maria, to spite her husband Jorge, whom she suspected was having an affair with another
woman, executed a will, unknown to him, bequeathing all the properties she inherited
from her parents, to her sister Miguela. Upon her death, the will was presented for
probate. Jorge opposed probate of the will on the ground that the will was executed by
his wife without his knowledge, much less consent, and that it deprived him of his
legitime. After all, he had given her no cause for disinheritance, added Jorge in his
opposition.

How will you rule on Jorge’ opposition to the probate of Maria’s will, if you were the
judge.

26. Johnny, with no known living relatives, executed a notarial will giving all his estate to his
sweetheart. One day, he had a serious altercation with his sweetheart. A few days later,
he was introduced to a charming lady who later became a dear friend. Soon after, he
executed a holographic will expressly revoking the notarial will and so designating his
new friend as sole heir. One day when he was clearing up his desk, Johnny mistakenly
burned, along with other papers, the only copy of his holographic will. His business
associate, Eduardo, knew well the contents of the will which was shown to him by
Johnny the day it was executed. A few days after the burning incident, Johnny died.
Both wills were sought to be probated in two separate petitions.
 
Will either or both petitions prosper?