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Philippine Law School

Wills and Succession Final Exam

Atty. Arandia

I. What are the modes of acquiring ownership and explain each mode of
acquisition.

II. Dulce dies without living her last will and testament. Elmer as her surviving
spouse, Engineer, Tisoy, Oblak and Tabs as her living children. Tabs is
minor at the time of his death, Dulce left her estate consisting of real and
personal property in the amount of Php 30 Million. However, she left an
obligation to Niel amounting to Php 35 Million.

1. How could the heirs of Dulce inherit the estate? Discuss with legal basis.
2. Indicate the respective legitimes of Dulce’s heirs.
3. Can Niel as creditor of Dulce go against the estate to satisfy obligation of
Dulce? Explain briefly with legal reason.
4. Does the heirs of Dulce liable to Niel for the amount of Php 35 Million as
Dulce’s obligation? Explain briefly.
5. If Dulce dies without any debt, how will the heirs settle the partition of
Dulce’s estate? Explain briefly.
6. Dulce dies with a holographic will indicating half of the estate to
Engineer alone. Divide the estate to all of her heirs.

III. Olan a widower dies without a will at the time of death. Mec and Gee are
Olan’s legitimate children with Marvin as his illegitimate child. All of them
are of legal age. Olan’s father is still living at the time of his death. Olan has
no estate to be inherited by his heirs. Three (3) years after his death, Oblak
also dies living semi tabs and Pais. The children of Olan as a living heirs.
Oblak left his estate with a value of Php 30 Million.

1. Who are the heirs of Olan and how they will inherit? Discuss briefly with
legal basis.
2. Divide the estate to the heirs.
3. Marvin won in a lottery in the amount of Php 50 Million. Because of
excitement and happiness, he suffered heart attack and dies without
living will. He has no other living heirs except his grand father, but Oblak
was still living. Distribute the estate of Marvin. Explain with legal basis.

IV. Grace Poe is old but a single lady. Anticipating that she is dying nearly, she
called Atty Obob’s as a notary public in the city of Pasay on his intention to
leave a notarial will for her estate with Dra, BJMP and Pastor as witnesses.
Grace Poe stated the distribution of her estate to Atty Obobs to wit;
a. Davaoena - her commercial property located along Macapagal Ave, Pasay
City MM with TCT # 143 registered in ROD of Pasay City.
b. Dra – her cash in the bank amounting to Php 20 Million.
c. Kathrina – Her jewelries, 2 Amorsolo paintings and her house & lot at
Bell Air Makati with TCT # 341 registered in ROD Makati City.

As dictated to Atty Obobs, he prepared the notarial will accordingly, with Dra,
BJMP and Pastor as attesting witnesses. The final draft of will as then
presented to Grace Poe for her signature in each pages thereof, except in the
last page containing her type written name for her signature. Thereafter, Grace
Poe signed the will on every pages in the presence of Dra, BJMP and Pastor with
Atty. Obobs as a Notary Public. Subsequently, each attesting witnesses also
signed the will on every page thereof and on the attesting clause obtaining their
respective names. It was undisputed that at the time of the execution of the
will, Grace Poe was already forgetful, wherein more often than not she cannot
recall the usual matters. After a month, Grace Poe dies with the notarial will on
her possession and safe keeping. Graciel as her executrix presented the will for
probate by the court. During the hearing, Adrielle appear and oppose approval
thereof, who introduced himself as a nephew of Grace Poe. Adrielle on his
opposition contended for the denial of the approval of the will in the ground
that Grace Poe was already of unsound mind at the time of the execution of the
will. Decide with legal reason.

V. During her lifetime Mrs. A executed a will for her Son B in able to sustain his
studies in College of Medicine, subsequently B became a Doctor. The total
expenses incurred for the degree of Medicine amounting to Php 10 Million. Her
other offsprings C,D & E gave way for the educational expenses of B. Mrs. A
dies with 4 real properties worth Php 20 Million.

1. Divide the estate with legal basis.


2. Given the above mentioned facts, does Dr. B still entitled for the share of
estate considering that Dr. B already received Php 10 Million for
educational expenses in college of medicine. Explain briefly with legal
basis.
3. If Mrs. A dies with a written instrument duly notarized stipulated that
the expenses incurred for medical degree would be part of his share in
the estate. Divide the estate.

VI. Pastor is legally married to his wife Pastora. However, Pastora is incapable of
giving child to Pastor, the latter look for another woman. Grace Poe who fell
inlove to Pastor cohabitated as husband and wife. Discovering the extra
marital relationship with Grace Poe, Pastora instituted a criminal action
against her spouse and Grace Poe for concubinage and violation of RA 9262
for psychological abuse. The judgment rendered and found Pastor guilty of
concubinage and violation of RA 9262, however, Grace Poe was acquitted in
both charges, subsequently, the judgment became final. In the basis of final
judgment against Pastor, Pastora intends to disinherit Pastor.

1. How can Pastor be disinherited? Discuss briefly with legal basis.


2. Considering the instrument of disinheritance prior her death, Pastora
exonerated (already forgiven) Pastor. Pastora before she dies, leave a
holographic will containing a disposition thereof, only the disinheritance
of Pastor and her nephew & niece to inherit the estate. Divide the estate
and justify with legal basis.

The information contained in this document is highly confidential. It is intended


solely for the recipient individuals enrolled in the wills and succession
prospectus under Atty. Arandia SY 2017-2018 as Final Examination. If you
received an error, please notify the sender.

ALEXIS O. ZANO JR,RN,MSNC


Department of Social Welfare and Development
# 09432763601, 09156845310