Answer Key
Answer Key
Answer Key
A. Right to transmit.
B. Decedent.
C. Properties of decedent.
D. Beneficiaries.
5. The tax imposed on the right to transmit property at death is known as __________.
A. Donor's tax
B. Estate tax
C. Business tax
D. Income tax
A. Creation of the last will testament or death of decedent in case of intestate succession.
B. Death of the decedent
C. Filing of estate tax return
D. A or B, whichever is higher.
A. A property tax.
B. A personal tax.
C. A business tax .
D. An excise tax.
8. For the donation to be valid, acceptance of the donee must be made __________.
9. According to Art. 712 of the New Civil Code (NCC), Ownership may be acquired through:
1. Occupation 5. Tradition
2. Intellectual Creation 6. Contract
3. Law 7. Prescription
4. Donation 8. Succession
A. 1, 2, 3, 4
B. 1, 2, 3, 4, 5
C. 1, 2, 3, 4, 5, 6, 7
D. 1, 2, 3, 4, 5, 6, 7, 8
10. A Transfer is one that neither imposes burden nor requires consideration from transferee or
recipient known as _________.
A. Onerous
B. Mortis causa
C. Gratuitous
D. Inter vivos
11. Is on where the transferee gives consideration in return for the property or rights received.
A. Onerous
B. Mortis causa
C. Gratuitous
D. Inter vivos
12. The rights to the succession are transmitted from the moment of death of the decedent.
A. Article 775 CC
B. Article 777 CC
C. Article 774 CC
D. Article 776 CC
13. 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 or
others either by his will or by operations of law.
A. Onerous
B. Gratuitous
C. Transfer taxes
D. Succession
15. Taxes imposed upon the Gratuitous disposition of private properties or rights.
A. Donor's tax
B. Estate Tax
C. Transfer Taxes
D. Property Tax
16. The inheritance includes all the property rights and obligation of a person which are not
extinguished by his death.
A. Article 775 CC
B. Article 777 CC
C. Article 774 CC
D. Article 776 CC
17. The amount of obligation acquired/inherited by an heir should not be _________ the
combined value of the properties and rights inherited.
A. Less than
B. Equal
C. More than
D. B and C
A. Statement I is true.
B. Statements I and IV are true.
C. Statements II and III are true
D. All statements are false
A. probability
B. profit
C. probate
D. promise
20. A type of succession that results from the designation of an heir, made in a will.
A. Testate succession
B. Intestate succession
C. Mixed succession
D. None of the choices
A. Testament
B. Legality
C. Testamentary
D. Legal
22. Mitih Neh, the decedent, did not execute a will during his lifetime.
A. Testate succession
B. Intestate succession
C. Mixed succession
D. None of the choices
23. Shomalanget assumes he will die soon and make a will. He then died two years later. What
Nahiwanans, the only heir, must do to the other estate not written on the will?
A. Write the additional estate on the will before giving it to the court.
B. Nothing, just possess them too.
C. Let the provisions of the law be in accordance with the distribution of it.
D. You are the only heir, of course, it will be yours automatically.
A. Testate
B. Intestate
C. Mixed
D. None of the choices
25. Mixed succession is effected partly by well and partly by operation of law.
A. True
B. False
C. Both a and b
D. None of the choices
26. If a person dies without a will, or with a void will, or one which has subsequently lost its
validity. The heir shall __________.
27. A person is said to have died _____ if he died without a will and _____ when he left a will.
A. True, True
B. True, False
C. False, True
D. False, False
29. I. With a last will and testament, the decedent can name any person which he wants as heir.
II. The decedent’s successors in interest are referred to as heirs.
A. True, True
B. True, False
C. False, True
D. False, False
30. Legal succession is effected by probation since the decedent did not execute a will or if there
is, it is void.
A. True
B. False
C. Both a and b
D. None of the choices
31. Gud Bhay upon his death, left a duly executed last will and testament transferring all his
property to Pha- A lam.
A. Testate
B. Intestate
C. Mixed
D. None of the choices
A. True, True
B. True, False
C. False, True
D. False, False
A. Decedent, Heir
B. Testate, Testator
C. Intestate, Intestator
D. Will, Testament
34. Marikit is agitated about the written will she saw that Four-Rain-Ear has left through his
death. It's written there that he's already married and wishes to transmit his estates to his
legal wife. What can Dalagang Bukid do to authenticate the will?
35. Is the general term applied to the person whose property is transmitted through succession.
A. Decedent
B. Inheritance
C. Succession
D. Successor
A. Free portion
B. Inheritance
C. Legitime
D. Succession
37. Juan devised in his will one of his parcels of land to one of his daughters Maria. The language
used in his will was Korean. However, he cannot speak, write, nor read and understand the
language.
38. Is a person who is called to the succession, either the provision of a will or by operation of
law.
A. Decedent
B. Inheritance
C. Succession
D. Successor
39. Those who succeed by force of law to some portion of the inheritance, in an amount
predetermined by law or the legitime.
A. Compulsory Heirs
B. Involuntary Heirs
C. Voluntary Heirs
D. Intestate Heirs
40. Those instituted by the testator in his will to succeed to the inheritance of the portion thereof
of which the testator can freely dispose.
A. Compulsory Heirs
B. Involuntary Heirs
C. Voluntary Heirs
D. Intestate Heirs
41. Those who succeed to the estate of the decedent by operation of law.
A. Compulsory Heirs
B. Involuntary Heirs
C. Voluntary Heirs
D. Intestate Heirs
42. Include all the property, rights, and obligations of a person which are not extinguished by
death and all which have accrued thereto since the opening of succession.
A. Descendant
B. Decedent
C. Inheritance
D. Successor
A. Legitimate children
B. Illegitimate children
C. Surviving Spouse
D. Brothers and Sisters
44. The elements of succession are:
A. Preterition
B. Refusal of the instituted heir
C. Non-fulfillment of resolutory condition
D. Expiration of term or period of institution
47. These are the first people in the order of intestate succession.
A. Legitimate children
B. Surviving Spouse
C. Legitimate parents
D. Collateral Relatives
A. Illegitimate children
B. Collateral relatives
C. Brothers and Sisters
D. State or the government
49. Juan, when he knew he has only a few months to live, devised in his will one of his parcels of
land to one of his son, Two. However, Two died before him.
50. A portion of an estate that can be distributed to voluntary heirs, as long as it is provided in
the will and testament.
A. Free Portion
B. Legitime
C. Succession
D. Inheritance
51. Pedro executed his last will devising a parcel of land to one of his children. However, he failed
to indicate an heir in his will.
52. The relation of persons ascending from the same stock or common ancestor.
A. Lineal Consanguinity
B. Collateral Consanguinity
C. Consanguinity
D. Affinity
53. The connection existing in consequences of a marriage between each other of the married
spouse and the kindred of the other.
A. Lineal Consanguinity
B. Collateral Consanguinity
C. Consanguinity
D. Affinity
54. May be descending or ascending, who are direct line to each other.
A. Lineal Consanguinity
B. Collateral Consanguinity
C. Consanguinity
D. Affinity
55. Subsist between persons who have the same ancestors, but who are not descend or ascend
from one another.
A. Lineal Consanguinity
B. Collateral Consanguinity
C. Consanguinity
D. Affinity
56. A legally enforceable declaration of how a person wishes his or her property to be distributed
after death.
A. Will
B. Notarial Will
C. Attested Will
D. Holographic Will
57. The following are requisites for a valid Notarial Will EXCEPT:
58. In what article states the disqualification from being witness to a will?
A. Article 804 CC
B. Article 821 CC
C. Article 822 CC
D. Article 808 CC
59. What Article states that ‘The validity of a will as to its from depends upon the observance of
the law in force at the time it is made.’
A. Article 795 CC
B. Article 796 CC
C. Article 797 CC
D. Article 798 CC
60. The following are disqualified from being witnesses to a will, EXCEPT:
61. This will is executed in accordance with the formalities prescribed by Article 804 to 808 of the
New Civil Code.
A. Foreign Will
B. Codicil
C. Notarial Will
D. Holographic Will
62. Assume the amount of estate is P16,000,000 and the decedent only survived only by his 1
legitimate children. How much is the shares of Legitimate Children?
A. P4,000,000
B. P6,000,000
C. P16,000,000
D. P8,000,000
A. P4,000,000
B. P6,000,000
C. P16,000,000
D. P8,000,000
64. Assume the amount of estate is P200,000,000 and the decedent surviving heirs are his
surviving wife, 2 legitimate children and 1 illegitimate Child. How much is the shares of 1
Legitimate Children?
A. P50,000,000
B. P100,000,000
C. P150,000,000
D. P25,000,000
A. P50,000,000
B. P100,000,000
C. P150,000,000
D. P25,000,000
66. In question 64, how much is the share of the surviving Spouse?
A. P50,000,000
B. P100,000,000
C. P150,000,000
D. P25,000,000
A. P50,000,000
B. P100,000,000
C. P150,000,000
D. P25,000,000
68. How many percent can get an illegitimate child if the decedent has 2 legitimate children and
the surviving spouse?
A. 100%
B. 75%
C. 50% of 1 Legitimate child
D. None of the above.
69. What are the modes of revoking a will under the Philippine law?
A. by operation of law, by a will, by physical destruction without intent of destruction of the testator
B. by operation of law, by a codicil, by physical destruction
C. by operation of law, by a will or codicil, by physical destruction with the intent of the testator
D. by operation of law, by a will or codicil, by physical destruction coupled with intent
70. What are the ways of physical destruction of a will as provided under Art. 830?
A. It may be done by the testator or by another person acting in his presence and by his express
direction.
B. It may be done only by the testator.
C. It may only be done by another person acting in his presence and by his express direction.
D. It may be done by the testator or by another person not acting in his presence and not by his
express direction.
72. A will that is not witnessed but written entirely in the handwriting of the testator.
A. Notarial Will
B. Nuncupative will
C. Holographic Will
D. Holographic Codicil
A. Is a supplement or addition to a will, made before the execution of a will and annexed to be taken
as a part thereof, and it shall not be executed as in the case of a will.
B. Is a supplement or addition to a will, made after the execution of a will and annexed to be taken as
a part thereof, and it shall be executed as in the case of a will.
C. Is a supplement or addition to a will, made after the execution of a will , and need not be
executed as in the case of a will.
D. Is a supplement or addition to a will, made before the execution of a will and will not be taken
as a part thereof, and it shall be executed as in the case of a will.
74. In a probate of a holographic will, it shall be necessary that at least _____ witness/witnesses
knows the handwriting and signature of the testator.
A. One
B. Two
C. Three
D. Four
75. Statement I: When a Filipino is in a foreign country, he is not authorized to make a will in any of the
forms established by the law of the country in which he may be.
Statement II: Probate of a will is a court procedure by which a will is proved to be valid or invalid.
76. Statement I: A will may be revoked by the heir at any time before the testator’s death.
Statement II: The will of the testator will not be disallowed if the signature was procured by fraud.
77. Statement I: In the case of any insertion, cancellation, erasure or alteration in a holographic will, the
testator must authenticate the same by his full signature.
Statement II: “No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court…”
79. Which of the following is not true about probate of a holographic will?
82. Probate of a will involves the following processes, which one is not?
83. Mr. Cee executed a second will three months 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 he 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 annul provisions of 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.
84. Can an alien who lives abroad make a will that produces effects in the Philippines?
A. No, any will that an alien makes takes no effect in the Philippines.
B. Yes, if it is made in the Philippines.
C. Yes, if made with the formalities prescribed by the law of the place in which the alien resides.
D. Yes, if made with the formalities prescribed by the law of the place in which he resides, or in
conformity with those which the Philippine civil code prescribes.
85. It deprives an heir to inherit properties by the decedent through the issuance of a will.
A. Disinheritance
B. Distributable share
C. Legitimate
D. Disqualification
86. The following are causes of 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.
87. 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.
C. When the spouse by fraud, violence, 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.
89. Statement I: 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.
Statement II: If a compulsory heir dies ahead of the testator, his legitime goes to the child by
representation.
90. Statement I: The right of representation takes place in the direct descending line, but never in the
ascending line.
Statement II: The child of a voluntary heir who predeceases the testator gets nothing, because there is
no representation among voluntary heirs nor in the free portion.
91. Which is not authorized to take charge of the estate during intestate period?
A. Executor
B. Court
C. Administrator
D. Heirs
93. The grounds or causes of Disinheritance shall be limited to those expressly stated by law.
A. True
B. False
C. Neither A nor B.
D. Both A and B.
94. Disinheritance can be effected only through a will even though the legal cause is not
expressly specified.
A. True
B. False
C. Neither A nor B.
D. Both A and B.
95. When one of the parents attempts against the life of the other, is this enough reason for
Disinheritance?
96. . The following are the reason Representation may arise, EXCEPT:
A. Invalid Will
B. Incapacity
C. Disinheritance
D. Death
A. I and II only
B. I, II, and III only
C. All of the above.
D. None of the above.
98. Statement I: The presence of children does not disqualify parents to inheritance.
Statement II: The rules on legitimes are substitute for testamentary dispositions.
99. A compulsory heir may, despite the consequence of Disinheritance, still have the rights of his
legitime, for causes expressly stated by law.
A. True
B. False
C. Not sure if true or false.
D. At least I tried.
100. Disinheritance is applicable to compulsory and voluntary heirs.
A. True
B. False
C. Not sure if true or false.
D. At least I tried.