Quiz 1 Succession (August 2020)

Part I True or False. Write True if the statement is right or explain if the statement is false,
incorrect or wrong. (2 pts each)

1. Tradition or delivery is required for the transfer of ownership in succession.

2. Legatee is one who succeeds by particular title to real property.

3. Z has sons, X and Y. Z dies in 2016. Inheritance is a corn land. In 2017, there were trees
grown in the inherited land. In 2018, X and Y partitioned the subject land The trees
grown in the inherited land are part of the inheritance.

4. Testamentary succession is that which results from the designation of an heir, made in a
will executed in the form prescribed by law.

5. A will is strictly a personal act, solemn, irrevocable, and free act by which a person
disposes of his property, to take effect after his death.

6. The testator may entrust to a third person the distribution of specific property or sums of
money that he may leave in general to specified classes or causes.

7. Latent ambiguity is that w/c appears in the face of the will, example, "I give 1/2 of my
estate to one of my brothers."

8. The duration or efficacy of such disposition like, "Bahala ka na, Ruben." can be delegated
to a third person by the testator

9. The validity of a will as to its form depends upon the observance of the law in force at the
time it is made.

10. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable
validated by the supervening of capacity.

Part II Essay

1. T died without a will survived by three legitimate children, A, B, and C. Immediately, upon
the death of T, A sold his entire right to the inheritance to X, for P2,000,000.00. Is the sale
valid? Reason

2. The probate of the will of T is now being contested on the ground that the Notary Public
before whom the will was acknowledged is also one of the three instrumental witnesses. Is
the will valid? Reason

3. T executed a holographic will. He authenticated or signed the will with his initial. In addition,
there is an inserted testamentary disposition found on page 2 of the will, also
authenticated with his initials, Are such authentications valid? Reason