CHAPTER 2

Question 1

The sum/total of all the property of a deceased individual

The estate passes to the deceased’s heirs at law if there is no will, or to beneficiaries under a will.

Answer 1

Estate

Question 2

A mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another gor others either by his will or by operation of law.

This can occur by will or by operation of law.

Answer 2

Succession

Question 3

What are the different kinds of succession?

Answer 3

1. Testamentary or testate
2. Legal or intestate
3. Mixed

• Testamentary results from a will,
• Legal is by operation of law, and
• Mixed is partly by will and partly by law.

Question 4

It is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator or testatrix.

Answer 4

Decedent

If the decedent left a will, he is called the testator or testatrix.

Question 5

What does inheritance include?

Answer 5

All the property, rights, and obligations of a person not extinguished by death

It includes property existing at the time of death and those accrued since the opening of succession.

Question 6

What is a devise?

Answer 6

A testamentary disposition of real estate

A legacy is a gift of personal property.

Question 7

Who are considered successors in succession?

Answer 7

Heirs, devisees, and legatees

An heir is called by a will or by operation of law.

Question 8

What is the difference between express and tacit acceptance of inheritance?

Answer 8

Express acceptance is made in a document, while tacit acceptance is implied through acts

An heir may accept or repudiate an inheritance voluntarily.

Question 9

What is the role of an executor?

Answer 9

A person appointed by a testator to carry out the directions in a will

An administrator is appointed by the court to manage a decedent’s assets and liabilities.

Question 10

What is a will?

Answer 10

A legal declaration on how a person wants property transferred after death

If a person dies leaving a will, he is said to have died testate.

Question 11

What is a codicil?

Answer 11

An instrument that amends the provisions of a will

It must be executed with the same formalities as a will.

Question 12

What is probate?

Answer 12

The court procedure to prove a will’s validity

It involves collecting the estate, liquidating liabilities, and distributing property.

Question 13

What is the age of majority for making a will?

Answer 13

Eighteen years of age

Persons under this age do not have the legal capacity to make contracts.

Question 14

What is required for a testator to be of sound mind?

Answer 14

Ability to know the nature of the estate, proper objects of bounty, and character of the testamentary act

It is not necessary for the testator to be in full possession of all reasoning faculties.

Question 15

What happens if a person signs an instrument without knowing what it says?

Answer 15

The instrument is not considered a valid will

This applies similarly if signed under duress or fraud.

Question 16

Can a married woman make a will without her husband’s consent?

Answer 16

Yes, she can make a will without consent or court authority

She may dispose of all her separate property and her share of the conjugal partnership.

Question 17

What is legitime?

Answer 17

The part of the testator’s property reserved for certain heirs

These heirs are known as compulsory heirs.

Question 18

Who are considered compulsory heirs?

Answer 18

1. Legitimate children and descendants
2. Legitimate parents and ascendants
3. The widow or widower
4. Acknowledged natural children
5. Other illegitimate children

They have reserved rights to a portion of the estate.

Question 19

What is a holographic will?

Answer 19

A will written entirely by the testator’s hand without witnesses

It must be entirely written, dated, and signed by the testator.

Question 20

What is required for the revocation of a will?

Answer 20

A testator may revoke a will at any time before death

Any waiver or restriction of this right is void.

Question 21

What is the institution of an heir?

Answer 21

An act designating the person or persons who will succeed the testator in property

A will may still be valid even if it lacks an institution of an heir.

Question 22

What is the distribution of the hereditary estate if there are two legitimate children?

Answer 22

Each child receives P375,000, the surviving spouse receives P375,000, and the remaining P375,000 is the free portion.

Question 23

How is the share of illegitimate children compared to legitimate children?

Answer 23

The illegitimate child always gets one-half the share of a legitimate child.

Question 24

What constitutes the legitime of legitimate parents/ascendants?

Answer 24

One-half of the hereditary estate of their children/descendants.

Question 25

If a widow or widower is the only survivor, how much of the estate are they entitled to?

Answer 25

They are entitled to one-half of the other half.

Question 26

What is the share of the surviving spouse if the testator leaves illegitimate children?

Answer 26

The surviving spouse shall be entitled to one-third of the hereditary estate.

Question 27

What is disinheritance?

Answer 27

When a person expects or is expected to inherit, but does not.

Question 28

What are sufficient causes for disinheritance of children and descendants?

Answer 28

* Attempt against the life of the testator * Groundless accusation of a crime * Conviction of adultery or concubinage * Causing the testator to change a will by fraud * Refusal to support the disinheriting parent * Maltreatment of the testator * Leading a dishonorable life * Conviction of a crime carrying civil interdiction.

Question 29

What are sufficient causes for disinheriting a spouse?

Answer 29

* Attempt against the life of the testator * False accusation of a crime * Causing a will change by fraud * Grounds for legal separation * Grounds for loss of parental authority * Unjustifiable refusal to support.

Question 30

What happens if a person dies intestate?

Answer 30

The government provides a default estate plan for disposing of the decedent's estate.

Question 31

What is the order of intestate succession?

Answer 31

* Descending direct line (legitimate children/descendants) * Ascending direct line (legitimate parents/ascendants) * Illegitimate children/descendants * Surviving spouse * Collateral relatives within the 5th degree * The State.

Question 32

What is consanguinity?

Answer 32

The relation of persons descending from the same stock or common ancestor.

Question 33

What is the difference between lineal and collateral consanguinity?

Answer 33

* Lineal: Direct descent like parent to child * Collateral: Shared ancestors but not direct descent like siblings.

Question 34

What is the right of representation?

Answer 34

A right allowing a descendant to inherit in place of a deceased ancestor.

Question 35

True or False: A will may be revoked by the testator at any time before his death.

Answer 35

True.

Question 36

True or False: Disinheritance can be affected only through a will, and the legal cause may not be specified.

Answer 36

False.

Question 37

What is the definition of legitime?

Answer 37

The part of the testator's property reserved by law for compulsory heirs.

Question 38

Fill in the blank: A decedent who leaves a will is called the _______.

Answer 38

[testator]

Question 39

True or False: Legitimate children and their descendants succeed parents without distinction as to sex or age.

Answer 39

True.

Question 40

True or False: The law presumes that every person is of sound mind in the absence of proof to the contrary.

Answer 40

True.

Question 41

What is the role of an executor?

Answer 41

An executor is appointed by the court to administer the assets and liabilities of a decedent.

Question 42

What happens when the estate of a decedent is closed?

Answer 42

A final distribution of assets is made to the beneficiaries.

Question 43

What is a gratuitous transfer?

Answer 43

A transfer said to be gratuitous when there is no consideration for the transfer.

Question 44

What is blood relationship?

Answer 44

Existing between persons who have the same father, but not the same mother, or the same mother, but not the same father.

Question 45

Who succeeds the parents and other ascendants?

Answer 45

Legitimate children and their descendants, without distinction as to sex or age, even if they come from different marriages.

Question 46

What is legitime?

Answer 46

That part of the testator's property which he cannot dispose of because the law has reserved it for compulsory heirs.

Question 47

Can the last will be modified if it impairs the legitime of compulsory heirs?

Answer 47

No, the last will may not be modified even if the disposition of the decedent's estate impairs the legitime of his compulsory heirs.

Question 48

Are brothers and sisters of the decedent considered compulsory heirs?

Answer 48

No, brothers and sisters of the decedent are not compulsory heirs.

Question 49

Is the surviving spouse entitled to legitime if all other compulsory heirs exist?

Answer 49

No, the surviving spouse is not entitled to his legitime if all other compulsory heirs exist.

Question 50

Under the law on legitimes, what is the entitlement of a widow or widower if they are the only survivor?

Answer 50

She or he shall be entitled to one-half of the hereditary estate of the deceased spouse.

Question 51

What may a testator do with the other half of the estate if the only survivor is the widow or widower?

Answer 51

The testator may freely dispose of the other half.