4 Flashcards

1
Q

An act of liberality whereby a person disposes gratuitously
of a thing or right in favor of another, who accepts it

A

Donation

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2
Q

ORGAN DONATION ACT OF 1991

A

RA 7071

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3
Q

The offer is exercised only after death; therefore, the donors
should reveal their intentions to as many of their relatives and
friends as possible, and to their physician

A

ORGAN DONATION ACT OF 1991

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4
Q

kinds of donation

A

. Donations Mortis Causa
2. Donations Inter Vivos
3. Donations of Personal Property
4. Donations of Real Property

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5
Q

donations which are to take effect upon the death of the donor partake of the nature of
testamentary provisions

A

donations mortis causa

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6
Q

shall be governed by the
general provisions on contracts and obligations

A

donations inter vivos

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7
Q

May be made orally or in writing

A

donations of personal property

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8
Q
  • Must be made in a public document to be valid
  • Must be accepted during the lifetime of the donor
A

donations of real property

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9
Q

Persons who accept donations in representation of others who
may not do so by themselves, shall be obliged to make the
notification and notation of which _____ of the Civil
Code of the Philippines speaks

A

Article 749

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10
Q

an instrument or document when a person is permitted, with
the formalities prescribed by the law, to control to a certain
degree the disposition of his estate, to take effect after his
death.

A

will

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11
Q

11 characteristics of wills

A
  1. Purely personal
  2. Free and Intelligent
  3. Solemn and Formal
  4. Revocable and Ambulatory
  5. Mortis Causa
  6. Individual
  7. Executed with Animus Testandi
  8. Executed with Testamentary Capacity
  9. Unilateral
  10. Dispositive of Property only
  11. Statutory
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12
Q

characteristics of wills

not mandatory

A

purely personal

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13
Q

characteristics of wills

referring to the awareness that death is
approaching; “deathbed gift”

A

mortis causa

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14
Q

characteristics of wills

voluntary; implications should be
understood

A

free and intelligent

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15
Q

characteristics of wills

can be altered and can be
withdrawn

A

revokable and ambulatory

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16
Q

characteristics of wills

an intention to make a
testament or will

A

executed with animus testandi

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17
Q

characteristics of wills

  • All persons who are not
    expressly prohibited by law may make a will, 18 years old and
    above, should not be insane
A

Executed with Testamentary Capacity

18
Q

characteristics of wills

the recipient of the testator’s property should not
know they are going to receive something

A

Unilateral

19
Q

characteristics of wills

donation or transfer of
properties from the author of the will to other people

A

Dispositive of Property only

20
Q

characteristics of wills

must be in accordance to law

21
Q

9 TERMS COMMONLY USED IN WILLS

A
  1. Bequest
  2. Devise
  3. Devisee
  4. Executor
  5. Legacy
  6. Legatee
  7. Residuary Estate
  8. Testator
  9. Decedent
22
Q

TERMS COMMONLY USED IN WILLS

the act of giving or leaving something by will; only
personal property, not real property

23
Q

TERMS COMMONLY USED IN WILLS

a gift by will of real property, such as a house

24
Q

TERMS COMMONLY USED IN WILLS

recipient of a devise; a person to whom real estate is
left by the terms of a will.

25
TERMS COMMONLY USED IN WILLS a testamentary gift of personal property or more commonly money, from a deceased individual through a will
legacy
26
TERMS COMMONLY USED IN WILLS - a person or institution appointed by a testator to carry out the terms of their will.
executor
27
TERMS COMMONLY USED IN WILLS - an individual who receives a portion of a testator's estate, or rather the individual that receives a legacy
legatee
28
TERMS COMMONLY USED IN WILLS - is any portion of the testator's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails
residuary estate
29
TERMS COMMONLY USED IN WILLS a person who has written and executed a last will and testament that is in effect at the time of their death.
testator
30
TERMS COMMONLY USED IN WILLS - a term that is generally used in the law governing estates and trusts, in reference to a person who has died. Decedents have rights that continue after their death and the authority to take certain actions/make certain decisions through third-party representatives
decedent
31
− the capacity to comprehend the nature of the transaction in which the testator is engaged in at the time, to recollect the property to be disposed of and the persons who would naturally be supposed to have claims upon the testator, and to comprehend the manner in which the instrument will distribute the property among the object of his bounty.
Testamentary Capacity
32
Property received through a last will and testament
testamentary succesion
33
Property received not through a will
inheritance
34
KINDS OF WILLS
1. Notarial Will 2. Holographic Will 3. Nuncupative Will
35
Every other will that is not entirely written, dated, and signed by the testator
notarial will
36
one which is written, dated, and signed entirely by the hand of the testator. As such, these are more straightforward to execute compared to notarial wills. Does not require any witnesses in order to be executed.
Holographic Will
37
-Oral will -No longer applicable/accepted
nuncupative will
38
WITNESSES TO WILLS
1. Of sound mind 2. Eighteen years of age or more 3. Not blind, deaf or dumb 4. Able to read and write
39
DISQUALIFIED TO WITNESS WILLS:
1. Any person not domiciled in the Philippines; 2. Those who have been convicted of falsification of document, perjury or false testimony
40
WAYS AND MEANS TO REVOKE A WILL
1. By implication of law 2. By some will, codicil, or other writing executed as provided in case of wills; or 3. By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction.