Succession Q&A

1. Give the formalities of a holographic will.
Answer:
Under our existing laws, the formalities of a holographic will are as follows: (1) it must be
entirely written, (2) the language must be know to the testator, (3) the will must be dated, and
(4) the will must be signed by the testator himself.
2. In 1999, T made a will “giving X all my automobiles.” In 1999, T had 5 automobiles; but in
2001, when T died, he had at the time of his death 8 automobiles. (see questions 2 & 3)
How many will X get? Explain.

Answer:
X will get only 5 automobiles because the other 3 were acquired after the execution of the
will because the property acquired after the making of a will shall only pass as if the testator
had possessed at the time of the making of the will.
3. Will your answer be the same if a day before his death, T executed a codicil disposing of
certain other properties?
Answer:
X will be getting 8 automobiles because the will is as to be treated as modified before his
death in 2001. However, the intention of T must be expressed.
4. T has two legitimate sons A and B. In T’s will, he gave a friend F a legacy of P10,000;
instituted A as heir; and deliberately omitted B. if the estate is P100,000, how should the
estate be distributed on T’s death? Explain your answer.
Answer:
With the preterition of B and institution of A not being valid, the legacy to T's friend is not
inofficious. The reason is that the legitime has not been impaired given the circumstance.
Therefore, the P10,000 will be given to F and the remaining P90,000 will be divided among A
and B who will be receiving P45,000 each.
5. What is caucion muciana?

Answer:
Caucion muciana is the security or bond which shall be given in favor of those people who
would get the property if the condition imposed by the testator is no complied with. In case
the condition is not complied with, he should return whatever he may have received,
including its fruits and interests.
6. What is legitime?
Answer:
Legitime is the part of the testator's property which he cannot dispose of because that part of
property is reserved for the compulsory heirs.
7. What is reserva troncal?

Answer:
Reserva troncal is created by the death of the propositus and is extinguished upon the death
of the reservor. It is a special rule designed primarily to assure the return of a reservable
property to the third degree relatives belonging to the line from which the property originally
came.
8. May property subject to reserva troncal be alienated by the reservoir?

Answer: Yes, the property subject to a reserve troncal can be alienated by the reservor
when he is not a usufructuary. He may alienate it given the condition that that the alienation
shall transfer ownershio to the vendee only when the reservee survives the reservor.
9. A and B are spouses with 3 legitimate children C, D, and E. C has one legitimate child F; D
has 2, G and H; and E has 3 legitimate children, I,J, and K. A died leaving an estate of
P18M. Compute the legitimes of the 6 grandchildren and the spouse assuming that C, D,
and E predeceased A?
Answer:
When A died leaving an estate of P18M, the spouse B gets half of the estate equivalent to
P9M supposedly leaving C, D, and E the other half with P3M each. Since the legitimate
children C, D, and E predeceased A, the legitimes of the six grandchildren are as follows: (1)
F gets P3M in representation of C, (2) G and H gets P1.5M each since together they
represent D, and (3) I, J, and K gets P1M each in representation of E.
10. What are the requisites of a valid disinheritance?

Answer:
The requisites of a valid disinheritance are as follows: (1) it must be made expressly, (2)
must be made in a valid will, (3) must be for a legal cause or must be authorized by law, (4)
must be for a true cause, (5) must be an existing cause, (6) must be total or complete, (7) the
cause itself must be clearly stated in the will, (8) the heir being disinherited must be clearly
identified, and (9) the will must not have been revoked.
11. A, in his last will stated: “I bequeath to my nephews D, E, and F whatever credit balance
there may be in my current account with PNB, Naga Branch, at the time of my death, in the
proportion of 1/3 each.” D, however, died before the testator leaving G, D’s only child, as
heir. When A died, he had a credit balance of P450,000.00 in his current account with the
said bank. Now, the P150,000.00 that would have gone to D is being claimed by the
following:

a.) G, by right of representation;
b.) E and F, by right of accretion; and,
c.) B and C, legitimate children of A, by intestate succession.

Who is/are entitled to the P150,000.00. Explain fully.
Answer:
a.) G, by right of representation is not proper because a voluntary heir who predeceases the
testator cannot be represented.
b.) In the right of accretion, when two or more are called to the same inheritance and the part
assigned to one who died before the testator is added to that of his co-heirs. Therefore, E
and F can claim P75,000 each of the supposed P150,000 that would have gone to D.
c.) Under our existing laws and jurisprudence, accretion is preferred over instestate
succession because intestate succession can only occur when accretion is impossible.
Therefore, B and C, as legitimate children cannot be entitled to the P150,000.00 of D.
12. X died intestate survived by:

(1) A, B, C, D, and E, his legitimate children;
(2) F, G, H, and I, legitimate children of B;
(3) J and K, legitimate children of C;
(4) L and M, legitimate children of D; and
(5) N and O, legitimate children of E.
B, C, D and E, however, are incapacitated to inherit from X. (see questions 12, 13, 14, & 15)
Answer:

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1. Give the formalities of a holographic will.

How many will X get? Explain.

5. What is caucion muciana?

7. What is reserva troncal?

8. May property subject to reserva troncal be alienated by the reservoir?

10. What are the requisites of a valid disinheritance?

12. X died intestate survived by:

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