SUCCESSION – FINALS

1. T has 5 legitimate children and an estate of 50,000. The only provision in the
will disinherited the youngest child for cause. How will you distribute the
estate among the children of T, and how much will each of them get together with
the 2 LC of the youngest child who was disinherited.

 Article 915. If the CH is validly disinherited, he loses not only the

legitime but also the free portion.
 Children of the validly disinherited heir can inherit by right of
representation

2. Define legal or intestate succession. When does it take place?

 Art 960

3. Intestate Estate is 12M. A, B, and C are the LC of D. X and Y are the LC of A. W

is the LC of B. Z is the LC of C. If A, B, and C repudiate the inheritance, how
will you divide the intestate estate among the 4 grandchildren?
 Page 466

If only C repudiates, how will the estate be distributed?

 Page 466

If all A, B and C are incapacitated or predecease, can accretion take place?
 Page 467

4. Who are the heirs entitled to exercise the right of representation in the
collateral line?
 Art 972

5. Intestate estate of 14M. Survivors are: widow, 2 LC, 1 IC. Divide the estate and
show your solution
 Page 511-512

6. A and B are married. They have 3 children (X,Y, and Z) and 1 adopted child (C).
A has a recognized illegitimate child, D. If A dies, how will you divide the
estate?

7. What is accretion?
 Art 1015

In the will of X, he constituted a usufruct over his properties in favor of

children of his 3 cousins. The will also provided that said children are the
only ones to enjoy the same as long as they live. If any of them dies, who will
get the share?

8. B and C are A’s LC. During A’s lifetime, he gave 100,000 to B. In the will, he
distributed his remaining estate of 900,000 as follows: B – 150,000 / C –
250,000 / M, a friend – 500,000. When A died, B claimed he had not been given
his right legitime. Do you agree with B? Why?
9. Wedding gifts under Art 1070. How will you determine if the gifts are reducible?
 Wedding gifts are ordinarily not considered an advance of the legitime,
however, if any of the gifts given by the parent or ascendant will exceed
1/10 of the free portion, the excess will be considered an advance of the
legitime.
 Page 619-620

10. A, B and C are co-heirs. Before the partition, A sold his share to X for
100,000. X sold the property to Y for 200,000. If one of the co-heirs (B) will
redeem the share of A, what amount shall be paid by the redeeming co-heirs to
the purchaser of the property?
 1st sale price, not the purchase price in the 2nd sale
 Art 1088 – 7 requisites p648-649