Learning Task 2 - Gross Estate

Due: Sep 8 by 11:59pm
Points: 15

1. What are the properties that should be included in the gross estate of a decedent?

The executor or administrator will calculate the gross estate, which will reflect the value
of the person's property and other assets when they died. This will include things like cash, real
estate, stocks, investments, and personal belongings.

2. A donated parcels of land to X, Y, and Z. A died without any forced heir. In her will, she
bequeathed personal property to X, Y, and Z. The CIR contends that such transfers
should form part of the gross estate for purposes of estate taxation. Is the CIR correct?

The donation inter vivos was made to a legatee who is not a forced heir. Thus, absent any
evidence to the contrary, the presumption holds that such transfer is a donation inter vivos. Such
being the case, the transfer shall not form part of the gross estate

3. Using the same facts in No.2, it was determined that the transfer/donation was made three
months before his death. Will the transfer form part of the gross estate?

The decedent died without forced heirs but instituted a certain person as a legatee in his
will. The presumption that such transfer was a donation inter vivos did not hold because of the
timing of the transfer, which was a short period before death.