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A Foreigner who has executed a will when he was still a Filipino

Question 1: May the will be probated here in the Philippines?

Suggested Answer: Yes, the rule is that the validity of the will is governed by the law in force at the time of the
execution of the will. It should be noted that at the time of the execution of the will the foreigner was still a
Filipino. The change in the citizenship of the

Question 2: May James insist that he be given his legitime?

Suggested Answer: No, James cannot insist that he be given his legitime. Reason to that is, James is not a
compulsory heir. The

Personal Notes:

Probate is the act of proving before a competent court the due execution of a will by a person possessed of
testamentary capacity, as well as approval thereof by the said court

Probate is one thing; the validity of the testamentary provisions is another. The first decides the execution of the
document and the testamentary capacity of the testator; the second deals with descent and distribution. 1

As enunciated by Atty. Turingan, in probate the issue is the extrinsic validity of the will whereas [a decree of
probate, therefore does not concern itself with the question of intrinsic validity and the probate court should not
pass upon that issue. This general rule, however, is not inflexible and absolute []. The probate of a will might
become an idle ceremony if on its face it appears to be intrinsically void. Where practical considerations demand
that the intrinsic validity be passed upon, even before it is probated, the court should meet the issue. Nepomuceno
vs. CA]

Suggested Answers: Read Civil Code Art. 817, 818, 819, and 820

The Law of the place where the will was executed (lex loci celebrationis) The Law of the place of his domicile, the
law of the Philippines (Civil Code).

II

Question 1: Should the will be admitted for probate?

Suggested Answer:

1 Wills and Succession, Paras, Page 155

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Question 2: Are the testamentary dispositions valid?

Suggested Answer: The testamentary di

Note: The will is invalid, the testamentary dispositions is no longer an issue.

III

Stevie was born blind speaks fluent English.

Question 1: May a blind person (Stevie) execute a will?

Suggested Answer: Yes, a blind person may execute a will, provided that he is of legal age and of sound mind. (Only
qualifications for a person to be able to make a will according to the New Civil Code Art. 796, 797, 798)

Question 2: What are the formal requisites required for a blind person to make a valid will?

Suggested Answer: See New Civil Code Art. 808

IV

A is the acknowledged illegitimate child of B who died when A was already 22 years old. C, Bs legitimate full blood
brother died intestate, survived by his widow and the 4 legitimate children of his other brother D. Claiming that he
is entitled to inherit from C, A brought a suit to obtain his share in the estate of C.

Question 1: Will his action prosper?

Suggested Answer: No, the iron curtain rule applies. An illegitimate child is barred by the law from inheriting from
the legitimate relatives of his/her parent.

Father and Mother had 3 children, A, B, and C. C was disinherited because she married a man that her parents
disliked. The parents instituted a will bequeathing the entire estate to A and B only. The parents had and estate of
1.5M.

Question 1: Is the disinheritance valid?

Suggested Answer: The disinheritance is invalid. The ground for disinheritance is not among those provided for by
Law.

Question 2: How will the estate be divided?

Suggested Answer: C, who received nothing, has been preterited, hence the institution of heirs is voided and the
rules for intestacy will apply. Therefore each child shall receive 500,000.00 each.

VI

A, decedent.

Bequeathed 100,000 to Z his paramour.

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Bequeathed 50,000 to his driver.

Decedent was survived by his spouse and 2 legitimate children.

Estate is 950,000.00

Question 1: How will the estate be divided?

Suggested Answer: The legacy in favor of the mistress is void since she is disqualified to receive inheritance as
provided for by Law. The legacy given to the driver is inofficious as this does not impair the legitime that

VII

Decedent is survived by 2 legitimate children, 2 illegitimate child, his parents and his 2 brothers. The estate is
120,000.00 with no will.

Question 1: How will the estate be divided?

Suggested Answer: The parents are disqualified from inheriting since they are excluded by the descendants. The
brothers are excluded from inheriting since they are disqualified by the ascendants and descendants. The allocation
for each are: 40,000.00 each for the legitimate child and 20,000. each for the illegitimate children.

VIII

F has 3 legitimate children A, B, and C. A and B had 1 legitimate child each W and X respectively. C has 2 legitimate
children, Y and Z. F and A rode together in a car and perished at the same time in a vehicular accident. F and A each
left considerable estate in intestacy.

Question 1: Who are the intestate heirs of F? What are their respective shares?

Suggested Answer: X, is excluded by B and Y and Z is excluded by C following the rule that the nearer excludes the
farther. While A who perished together with F, without proof as to who died first, the rule prescribed for the Civil
Code (Art. 43) provides that there is a presumption that they died at the same time and there shall be no
transmission of rights from one to the other, the right of representation therefore shall not apply. Therefore, only B
and C are the intestate heirs of F.

Question 2: Who are the intestate heirs of A? What are their respective shares?

Suggested Answer: Applying the same rule wherein persons are presumed to have died at the same time without
proof to the contrary. F, even as an ascendant, shall not inherit since there is no transmission of rights as between
him and A. Therefore, only W is the intestate heir in the case so for provided.

Question 3: If B and C both predeceased F. Who are Fs intestate heirs? What are their shares? Do they inherit by
right of representation or in their own right?

Suggested Answer: X, Y and Z shall be called in the succession by right of representation. Each share shall be
determined by per stirpes.
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Question 4: If B and C repudiated their inheritance, who are Fs intestate heirs? What are their share? Do they
inherit in their own right?

Suggested Answer: B and Cs repudiation in effect will not transmit any right to X, Y and Z. However, Being the
nearest in degree, W, X, Y and Z shall inherit in their own right. Each share shall be determined by per capita.

IX

Net estate: 120,000.00

T, intestate, died and was survived his mother, 4 Legitimate children A, B, C, E. C has a child named G. E has a child
named F. E predeceased