1) 1995 x made a will when he was 17 years old, stating that the house and lot in manila be given

to his girlfriend w and the rest of his estate to his brother B. 10 years later he executed a codicil changing the disposition in the 1995 will that the house and lot in manila be given to his sister M instead because W and him already broken off their relationship. the surviving heirs are w,m, b and his other brother C. his estate would be a house and lot in manila and P12m in the bank. how should the estate be distributed? Explain ANSWER: Xs estate shall be distributed in accordance with his will. Although the 1995 will is void due to an intrinsic defect ( the minority of X), such defect was cured when X executed a codicil in 2005 modifying his 1995 will. This was a Constructive or Implied Republication. According to Article 836, intrinsic defects of a will are cured by mere referral to the codicil. Since Xs will is valid, the estate shall be distributed according to such will. The house and lot in Manila shall be given to his sister M. And since B was designated as an heir to the rest of Xs estate, the 12M in the bank shall be given to his brother B. His other brother C will not receive anything since C is not a compulsory heir. Relatives in the collateral line are not compulsory heirs. 2) a will was opposed to be probated on the ground of a)the date of execution is diff from date of notarization ANSWER: The will is valid. The law does not require simultaneous acknowledgment neither does the law require that the acknowledgment be made by the testator and the witnesses in the presence of one another, provided that all of the parties acknowledge in front of the notary public, and provided further, that all the parties has the testamentary capacity at the time of the acknowledgment. b)page 1 of 5page will was not numbered ANSWER: The will is valid. This is because the authenticity of the first page is easy to determine. It can easily be ascertained from the face of the will itself, that indeed it is the first page. From the face of the will, it is readily ascertainable that the page, which contains the header Last Will and Testament is the first page. c)a witness instead of signing simply thumbmarked all the pertinent pages should the will be probated ANSWER: The will is valid. The test of a sufficient signature is if the witness/es intended it to be his signature. The thumbmark shall be considered as signature even if the witness/es knows how to write as long as the witness/es intended such thumbmark to be his signature. Any mark or combination of marks placed on a will as a signature is a sufficient compliance with a statute requiring a will to be subscribed.

3)the probate of a will is mandatory. why? (shit codal lang mali pako damn!) ANSWER: YES. The probate of a will is mandatory for the following reasons: a) The law expressly requires it under Art. 838 of the Civil Code.

b) Probate is a proceeding in rem, and therefore, it cannot be dispensed with or substituted by any other proceeding, judicial or extra-judicial without offending public policy. c) The right of a person to dispose of his property by virtue of a will may be rendered nugatory; and d) The absent legatees and devisees or such of them, as may have no knowledge of the will could be cheated of their inheritance, through the collusion of some of the heirs, who might agree to the partition of the estate among themselves to the exclusion of others. 4)x stated in his will" i will give 1/2 of my estate to A and 1/4 to B" when x died his survivors are his friends A and B and his brothers y and z. his net estate is 120,000. Distribute. ANSWER: A will get 60,000; B will get 30,000; Y and Z will each get 15,000. The case partakes of a Mixed Succession wherein the testator, X executed a will but disposes only a part of his properties. In such case, the rules of intestate succession shall be applied with respect to those properties not disposed of. Since A was designated of Xs estate, A shall be given 60,000. B was designated of the estate so B shall be given 30,000. With regards to the remaining of Xs estate or the remaining 30,000, it shall be distributed according to the rules of intestate succession. The surviving heirs Y and Z who are the brothers of X shall share the estate equally, 15,000 for each of them. 5) x made a will, imposing a condition that A will marry M within 2 years after his death. not knowing of this condition A married B before the death of X. can A inherit? ANSWER: YES, A can inherit. The condition of X in his will shall be considered not imposed. Such condition is not possible of realization because it is contrary to physical, judicial or moral law. Since A entered into marriage with B not knowing of the condition before the death of X, the condition of X in his will that A should marry M within 2 years would in effect subject A to enter into a bigamous marriage with M which is contrary to law. Since it is contrary to law, the condition is therefore an impossible condition. The condition shall therefore be considered as not imposed, therefore A can inherit. 6) x with children abc, c with final conviction of attempting on the life of B. on this ground C was disinherited. how will the will be distributed? ANSWER: Xs estate will be distributed with A and B as his only surviving heirs. C was validly disinherited because according to Art. 919 of the Civil Code, it shall be a sufficient cause for disinheritance of children and descendants, legitimate as well as illegitimate when a child or descendant has been found guilty of an attempt against the life of a testator, his or her spouse, descendants or ascendants. Applying the said law, C was validly disinherited since there was a final conviction of attempting on the life of B, who was also a descendant of X. Such disinheritance deprives C, a compulsory heir from participating in the inheritance, including his legitime.

7) x and o are owners of a house and lot. knowing he only owns 1/2 of the property, x said on his will "i will give D the entire house and lot" 2 years prior of the death of x, x decided to sell his share to o. as lawyer of d, how hil you advice you client? ANSWER: As lawyer of D, I would advise him that he is entitled to of the house and lot. Art. 929 of the Civil Code provides, If the testator, heir or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, UNLESS the testator expressly declares that he gives the thing in its entirety. In the case at bar, X bequeathed to D the entire house and lot knowing that he only owns of the property. Therefore, D should have been entitled to the entire property. However, 2 years prior to Xs death, X decided to sell his share to O. In this case, D will get of the house and lot, that part which pertains to O. X had alienated his share to O, and thus revoked by operation of law the legacy, in so far as the original share of X was concerned. However, in as much as X has given the whole house and lot to D, it follows that there was no revocation insofar as the other half (share of O) is concerned. 8) testate, x has 4 children abcd , c with 2 legit E and F, 1 illegit G, D has 2 legit children H and I. C predeceased x and D repudated. net 120, 000 A= legitime voluntary share from the free portion right of accretion from C right of accretion from D legal heir of X with respect to the legitime which was repudiated by D ____________________________________________ 50,000 15,000 15,000 7,500 7,500 5,000

B=

legitime voluntary share from the free portion right of accretion from C right of accretion from D legal heir of X with respect to the legitime which was repudiated by D ____________________________________________ 50,000 6,000 2,000

15,000 15,000 7,500 7,500 5,000

E=

representative of C legal heir of X with respect to the legitime which Was repudiated by D __________________________________________________ 8,000

F=

representative of C legal heir of X with respect to the legitime which Was repudiated by D __________________________________________________ 8,000

6,000 2,000

G=

representative of C legal heir of X with respect to the legitime which Was repudiated by D ___________________________________________________ 4,000

3,000 1,000

9) what if intestate, c predeceased and d repudiated? INTESTATE SHARE A= B= E= F= G= 30,000 30,000 12,000 12,000 6,000 30,000 AS REP OF C RT OF ACCRETION FR D 15,000 15,000 = = = = = = 45,000 45,000 12,000 12,000 6,000 120,000

60,000

30,000