1. Disinheritance can be affected only through a will but the legal cause therefor may not be specified.

- False. (While disinheritance can be done through a will, the legal cause for disinheritance may need
to be specified to prevent potential challenges. For example, in the case of disinheriting a child, it's
important to give a valid reason for the disinheritance, such as previous substantial gifts, lack of
relationship, or conflict of interest for lifestyle choices. Failing to provide a valid reason could
potentially lead to legal challenges and the disinherited party contesting the will. Therefore, it is
advisable to clearly state the reason for disinheritance in the will to minimize the risk of it being
contested.)

2. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right
of representation when it properly takes place.
- True. (This is a general principle of intestate succession, where the nearest relatives inherit the estate
when there is no will. The degree of relationship is determined by counting the number of generations
along the decedent's bloodline to those common ancestors, with the lowest count inheriting first.)

3. 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.
- True. (This principle is established in the Civil Code Art. 970. Representation allows a more distant
blood relative to be "raised to the same place and degree" of relationship as a closer blood relative and
to succeed from the person to whose estate the person represented would have succeeded.)

4. Half blood relationship is that existing between persons who have the same father, but not the same
mother, or the same mother, but not the same father.
- False. (Half blood relationships are those that exist between individuals who share descent from only
one parent, not necessarily the same parent. For example, two siblings born to different fathers but the
same mother would be considered half-blood relatives. <Half blood relationship is that existing
between persons who have one common parent, but not both.>)

5. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages.
- True. (This principle is established in the Civil Code Art. 960. This means that legitimate children
and their descendants have priority over other relatives in the order of succession, regardless of their
gender, age, or the number of marriages involved. This principle applies to both testate and intestate
succession, meaning that it applies whether there is a will or not.)

6. Legitime is that part of the testator's property which he cannot dispose of because the law has
reserved it for compulsory heirs.
- True. (Legitime, also known as a forced share or legal right share, is a portion of the testator's
property that is reserved by law for certain heirs, called compulsory heirs. The testator cannot freely
dispose of this portion of the estate and must ensure that the compulsory heirs receive their rightful
share.)

7. The last will may not be modified even if the disposition of the decedent's estate impairs the
legitime of his compusory heirs.
- False. (The legitime is a portion of the estate that is reserved by law for compulsory heirs, and the
testator cannot freely dispose of it. However, the testator can modify their last will to distribute the
remaining portion of the estate as they see fit, as long as the legitime of the compulsory heirs is
respected.)

8. Brothers and sisters of the decedent are not compulsory heirs.

-False. (Brothers and sisters of the decedent are considered compulsory heirs under the Civil Code,
and they are entitled to a share of the estate. The share of the estate that they are entitled to depends
on the presence of other compulsory heirs, such as legitimate children and descendants, and the
specific circumstances of the inheritance.)

9. The surviving spouse is not entitled to his legitime if all other compulsory heirs exist.
-False. (The surviving spouse is entitled to a share of the estate, which may include the legitime, even
if other compulsory heirs exist. However, the share of the estate that the surviving spouse is entitled to
may be affected by the presence of other compulsory heirs and the specific circumstances of the
inheritance.)

10. Under the law on legitimes, if the only survivor is the widow or widower, she or he shall be
entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose
of the other half.
-True. (he surviving spouse is entitled to a share of the estate, which may include the legitime, and
they are entitled to one-half of the hereditary estate of the deceased spouse if they are the only
survivor. However, the share of the estate that the surviving spouse is entitled to may be affected by
the presence of other compulsory heirs and the specific circumstances of the inheritance.)
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1. Who among the following is not a compulsory heir?

a. legitimate child
b. illegitimate child
c. legitimate parent
d. illegitimate parent - *

2. Which of the following is true about the legitime of legitimate children/descendants?

a. The legitime of legitimate children/descendants is one half the hereditary estate of the father and of
the mother. *
b. Legitimate children/descendants exclude legitimate parents/ascendants. - *
c. The legitime of a legitimate child is one-half that of an illegitimate child.
d. If there is only one legitimate child/descendant, his legitime is one half the hereditary estate. *

3. The law requires certain formalities in the execution of a will. Which one is not?
a. Every will must be in writing and executed in a language known to the testator. -
b. A holographic will is a will entirely written by the testator with his own hand and not witnessed or
attested.
c. If in a will the signature of the testator is contested, at least one witness is required. *
d. The will of an alien residing abroad produces effect in the Philippines if made in conformity with
the formalities prescribed by the law of the place in which he resides.

4. Mr. X executed a second will a month after he executed the first one. The second will is silent as to
the first will. What effect does the second will produce?
a. The second will is void because Mr. X waived his right to revoke the first will.
b. The first will is automatically revoked because of the existence of a subsequent will.
c. The second will annuls provisions in the first will that are inconsistent with the second will. - *
d. The first will shall subsist over the second will because it is the original will.

5. In which of the following cases is a will invalid?

a. when no heir has been instituted
b. when the will was executed in a language not known to the testator *
c. when the institution does not cover the entire estate -
d. when the instituted heir is incapacitated to succeed

6. If the decedent has no legitimate children/descendants, no surviving spouse and no illegitimate

children/descendants, the legitime of legitimate parents/ascendants is
a. one-half the hereditary estate. *
b. the entire estate.
c. one-fourth the hereditary estate.
d. none. -

7. Which is not true? If the decedent has no legitimate children/descendants and no illegitimate
children/descendants,
a. the free portion is one-fourth the hereditary estate. -
b. the legitime of legitimate parents/ascendants is one-half the hereditary estate.
c. the legitime of surviving spouse is one-fourth the hereditary estate.
d. the free portion is three-fourth the hereditary estate. *

8. Should a spouse survive together with illegitimate children of the decedent,

a. the legitime of the surviving spouse is one-half the hereditary estate. -
b. the free portion is one-third the hereditary estate. *
c. the legitime of the illegitimate children is one-half the hereditary estate.
d. the free portion is one-half the hereditary estate.

9. The following are causes for disinheriting a child. Which one is not?
a. when a child has been found guilty of an attempt against the life of the testator
b. when a child has been convicted of adultery or concubinage with the spouse of the testator
c. when a child marries a person other than the testator's choice *
d. when a child leads a dishonorable or disgraceful life -

10. The following are causes for disinheriting a spouse. Which one is not?
a. when the spouse justifiably refuses to support the children or the other spouse *
b. when the spouse has accused the testator of a crime for which the law prescribes imprisonment for
six years or more, and the accusation has been found to be false
when the spouse by fraud, violence,
c. intimidation, or undue influence causes the testator to make a will or to change one already made
d. when the spouse has given cause for legal separation -

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1. Which is not true about inheritance?
a. Inheritance includes property, rights and obligations of a person that have accrued since the opening
of the succession.
b. Inheritance includes devise and legacy.
c. Inheritance includes property, rights and obligations extinguished by a person's death. - *
d. Inheritance includes property, rights and obligations of a person existing at the time of death.

2. Which is not true about successor?

a. Devisees and legatees are persons to whom gifts of real and personal property, respectively, are
given without a will. -*
b. If an heir is called to the succession by will, he is called voluntary heir.
c. If an heir is called to the succession by operation of law, he is called legal or intestate heir.
d. Heirs, devisees and legatees are all successors.

3. Following are modes by which ownership and other real rights over property may be acquired and
transmitted. Which one is not?
a. prescription
b. donation
c. succession
d. claim * -

4. It is a tax levied on the transmission of property from a prior decedent to his heirs.
a. donor's tax
b. decedent's tax
c. estate tax * -
d. heir's tax

5. In donation, donor's tax is imposed as ownership of the property passes

a. from the decedent to the heir.
b. from the donor to the donee. * -
c. from the done to the donor.
d. from the heir to his successor.

6. Estate tax is imposed upon a/an

a. right * -
b. decedent
c. heir
d. property

7. Which is not a kind of succession?

a. mixed testamentary and intestate
b. mixed testamentary and testate * -
c. testamentary
d. legal
8. Which is not true about acceptance of an inheritance?
a. The acceptance of an inheritance may be express or tacit.
b. An express acceptance of an inheritance may be made in a public or private document.
c. An heir may accept or repudiate an inheritance.
d. The acceptance or repudiation of an inheritance takes effect upon the acceptance or repudiation. * -

9. Probate of a will involves the following processes. Which one is not?

a. collecting the decedent's estate
b. collecting the heir's estate * -
c. liquidating liabilities and paying necessary taxes
d. distributing property to the heirs

10. Which is not true about the execution of a will by a married woman?
a. A married woman can make a will without the consent of her husband. -
b. A married woman can make a will only by authority of the court. *
c. A married woman may dispose by will of all her separate property.
d. A married woman may dispose by will of all her share of the conjugal partnership or absolute
community property.

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1. Which is true? Legal or intestate succession does not take place
a. it a person dies without a will, or with a void will, or one which has subsequently lost its validity.
b. when the heir instituted is capable of succeeding. *
c. when the will does not dispose of all the property belonging to the testator.
d. if the suspensive condition attached to the instituition of heir does not happen or is not fulfilled.

2. Which is not true about relationships?

a. The relation subsisting between son, father and grandfather, in that order, is an example of an
ascending lineal consanguinity.
b. Consanguinity is the relation of persons ascending from the same stock or common descendant. *
c. Collateral consanguinity is that which subsists between persons who have the same ancestors, but
who do not descend or ascend one from the other.
d. Affinity is the connection existing in consequence of a marriage between each of the married
spouse and the kindred of the other.

3. How many degrees (of generation) apart are third cousins?

a. two
b. four
c. six
d. eight *

4. How many degrees (of generation) are there from a great grandchild to his great grandfather?
a. four
b. five
c. Six *
d. seven
5. Who is not an intestate heir?
a. legitimate children/descendants
b. collateral relatives within the 6th degree *
c. State
d. legitimate parents/ascendants

6. Which of the following statements is not true as regards intestate succession?

a. Collateral relatives shall succeed half the entire estate while the other half goes to the State. *
b. If only the spouse survives, he shall inherit the entire estate.
c. When two legitimate children with the spouse survive, each is entitled to one-third of the estate.
d. If only the legitimate parents survive, the entire estate goes to them.

7. Who is not an intestate heir?

a. surviving spouse
b. collateral relatives within the 5th degree
c. State
d. illegitimate parents/ascendants *

8. Right of representation
a. takes place in the direct ascending line.
b. takes place in the direct descending line. *
c. takes place in favor of children of nephews and nieces.
d. takes place in favor of children of nephews and nieces, whether full or half blood.

9. In a legal succession
a. only full blood brothers and sisters may inherit.
b. even half blood brothers and sisters may inherit. *
c. half blood brothers and sisters are not considered collateral relatives.
d. full blood brothers and sisters do not inherit.

10. In default of persons entitled to succeed in accordance with law

a. the estate will be preserved.
b. the estate will be preserved for ten years after which it shall be given to charity.
c. the estate will be inherited by the State. *
d. the estate will be-given to charity at once.