HOW MUCH GOES TO

Question 1

A instituted B and C as his
heirs. Without designating their specific shares

Answer 1

B and C shall inherit
equally, that is 50-50.

Question 2

: Estate is 100,000. A is a
compulsory heir. He was instituted together
with B and C.

Answer 2

A will first get the 50,000 as
his legitime. The remaining 50,000 will be divided to the three of them as instituted
heirs.

Question 3

Estate is 120,000. A B C
were instituted with 30,000 each.

Answer 3

The total is 90,000. The remaining
30,000 will be distributed to the three. So, they will get 40,000 each

Question 4

Estate is 90,000, A B C and
were instituted with 40,000 each

Answer 4

reduce 10,000 each.

Question 5

I hereby institute as my only heirs A,
B, and C each one to get ¼ of my
estate.

Answer 5

The ¼ still undistributed
should clearly be divided
proportionately equally among A,B,&
C since this is the evident intention of
the testator.

Question 6

T instituted A (his son), B and C, to
an estate of P300,000.00.

Answer 6

A gets as
legitime ½ of the estate or
P150,000.00. The remaining
P150,000.00 will be divided equally among A, B, & C. Thus, A gets
P200,000.00 – P150,000.00 as legitime, P50,000.00 as instituted heir.

Question 7

I institute as my heirs A, B, and the
three children of C to my estate of
P100,000.00

Answer 7

. In this case the three
children of C will get P20,000.00
each.

Question 8

T instituted A and A’s two children to
an estate of P30,000.00.

Answer 8

Each of the
three heirs gets P10,000.00 ALL at the same time.

Question 9

WHAT KIND OF INSTITUTION: A instituted B as heir provided that B
passes the bar examination for 2022.

Answer 9

institution of an heir with a
condition

Question 10

WHAT KIND OF INSTITUTION
A instituted B as heir, which will take
effect on January 2022.

Answer 10

institution of an heir with a
term

Question 11

WHAT KIND OF INSTITUTION: A gave P300,000.00 so that the same may be spent for the interment of C, the late husband of A.

Answer 11

Example of modal institution

Question 12

A instituted B as an heir on
the condition that B would learn how
to drive the car.

Answer 12

This must be fulfilled
as soon as possible after A’s death. If B already knows how to drive, it is
understood that he inherits the same.

Question 13

A gives B a legacy on
condition that C wins the lotto draw.

Answer 13

The fulfillment may be either before or after A’s death. If C had already won the lotto and A DID NOT KNOW
this, the condition is deemed already complied with, and B gets the legacy.
However, if A KNEW ABOUT IT (C’s lotto winning), the condition is deemed fulfilled only if C wins again.

Question 14

A gives B a legacy on
condition that B becomes a lawyer.

Answer 14

The condition may be fulfilled either before or after the death of A. If B is already a lawyer and A DID NOT KNOW this, the condition is deemed complied with and B gets the legacy. If A KNEW THIS, B gets the legacy just the same, because the condition is of such nature that it can no longer be complied with again.

Question 15

A institutes B as heir on
condition that B should not smoke
for one year.

Answer 15

He gets the inheritance
right away but he must first give a security to guarantee he would not smoke for a period of one year. In
case he does smoke again within said period he should return whatever he
may have received, together with its
fruits and interest.

Question 16

Estate is $500M. A B and C are
siblings. A got $50M as donation. Is there a
preterition?

Answer 16

NO, because A was not totally omitted because he received a donation. A
can DEMAND the remaining value of his legitime. The donation is an ADVANCE of
his inheritance which is deductible from his legitime.

Question 17

If the estate is P180,000, A is
instituted to P120,000; B to P20,000;
and C to P40,000. Since B and C are
made substitutes of A, WHAT WILL HAPPEN?

Answer 17

if substitution is proper, B and C will get A’s P120,000 in the proportion of P20,000 is to P40,000 (or in the
proportion of 1 is to 2). Hence, in the substitution, B gets P40,000 and C
gets P80,000.

Question 17

A instituted B to 2/3 and C to 1/3. If B predeceases, is incapacitated, or
renounces, WHAT WILL HAPPEN?

Answer 17

his share of 2/3 goes to C.
If C predeceases, is incapacitated, or
renounces his share of 1/3 goes to B.

Question 18

A institutes B as first heir. The will states that B should preserve and transmit later on the Estate to C, who
is B’s son, EXPLAIN

Answer 18

. It is clear here that upon
A’s death, B will inherit. Later on, B will have to deliver the property to C who has also inherited as the second heir. In other words, in the fideicommisary substitution, both heirs inherit.

Question 19

Estate is 100M. Heirs: Legitimate child, 10 illegitimate children.

Answer 19

LC – 50M
IC – 5M each (=50M)

Question 20

How do you get the exact value of
the legitime?

Answer 20

Get the total estate (gross) minus
the debts and obligations and add the
collationable donations and get the ½ as
the legitime

Question 21

If the testator donated a property
to the wife of his son exclusively, can it be
collated?

Answer 21

It is not collationable.

Question 22

What if was donated to the son and his wife jointly? Can it be collated?

Answer 22

Only the part of the son is
collationable. The part of the wife is an exclusive property and the wife is stranger
to the testator.

Question 23

Surviving Spouse and Illegitimate Children, how much is the legitime?

Answer 23

TOTAL: 2/3 of Net Estate
Surviving Spouse – 1/3
Illegitimate Children – 1/3

Question 24

Surviving Spouse in a marriage in articulo
mortis and the testator or testatrix died within 3 months from the time of marriage

Answer 24

ONE-THIRD (1/3) of Net Estate

Exceptions: If they have been living together as husband and wife for more than 5 years.

Question 25

Legitimate Children or
Children only

Answer 25

One-Half (1/2) of the Net
Estate

sharing: If there are two or more children, legitime shall be divided equally

note: NOTE: Includes legitimated and adopted child.

Question 26

Legitimate Children AND
Surviving Spouse (Art. 897)

Answer 26

One-Half (1/2) – Legitimate
Children Equal to the
Legitime of Each Child –
Surviving Spouse

Sharing: Divided equally among the legitimate children. The
spouse will have same share
as a child. The share of the surviving spouse will be taken from the FREE PORTION.

Question 27

One Legitimate Child and
Surviving Spouse (Art. 892)

Answer 27

One-Half (1/2) – Legitimate
Child

One-Fourth (1/4) –
Surviving Spouse.

Sharing: The surviving spouse may inherit in case of legal separation if he or she is the innocent spouse

Question 28

Legitimate Children and
Illegitimate Children (Art.
895)

Answer 28

One-Half (1/2) – Legitimate
Children divided equally. An
illegitimate child will get ½
of the share of each
legitimate child.

Question 29

Legitimate Parents and
Surviving Spouse(Art. 893)

Answer 29

One-Half (1/2) – Legitimate
Parents

One-Fourth (1/4) –
Surviving Spouse

Question 30

Surviving Spouse and
Illegitimate Children (Art.
894)

Answer 30

One-Third (1/3) – Surviving
Spouse

One-Third (1/3) –
Illegitimate Children

Question 31

One Legitimate Child,
Illegitimate Children and
Surviving Spouse

Answer 31

One-Half (1/2) – Legitimate
Child

One-Fourth (1/4) –
Surviving Spouse

One – Fourth (1/4)
Illegitimate Child.

Note: 2:1 for Legitimate –
Illegitimate child.
Share of the illegitimate
child will be taken from the
FREE PORTION.

Question 32

Legitimate Children,
Illegitimate children and
Surviving Spouse(Arts. 892,
897 & 898)

Answer 32

One-Half (1/2) – Legitimate
Children.

The share of the surviving
spouse is equal to 1 share of
the Legitimate Child and
should be taken from the
free portion.

The legitime of the
illegitimate children is ½ of
the legitime of the
legitimate children.

Question 33

Legitimate Parents ALONE

Answer 33

One-Half (1/2)

Question 33

Legitimate parents and
Illegitimate children (Art.
896)

Answer 33

One-Half (1/2)- Legitimate
parents

One-Fourth (1/4) –
Illegitimate children

Question 34

Legitimate Parents,
Illegitimate Children and
Surviving Spouse.(Art. 899)

Answer 34

One-Half (1/2) – Legitimate
Parents

One-Fourth (1/4)
Illegitimate Children

One-Eight (1/8) – Surviving
Spouse

Note: Shares of the Illegitimate
children and surviving
spouse will be taken from
the FREE PORTION.

Question 35

Surviving Spouse Alone.
(Art. 900)

Answer 35

One-Half (1/2)

Question 36

Illegitimate Children (Alone) (Art. 901)

Answer 36

One-Half (1/2)

Note: To be divided equally
among them.

Question 36

Surviving Spouse and
Illegitimate Parents.
(Art. 903)

Answer 36

One-Fourth (1/4) –
Surviving Spouse

One-Fourth (1/4) –
Illegitimate Parents.

Question 37

Illegitimate Parents
(Alone)(Art. 903)

Answer 37

One-Half (1/2)

Question 38

Formula for the Computation of the Net
Hereditary Estate (Art. 908)

Answer 38

Property left
(minus) - Debts and Charges
(plus) + Value of Collationable Donation
= NET HEREDITARY ESTATE

Question 39

what is reserva tronchal?

Answer 39

The ascendant who inherits from his descendants any property which the
latter may have acquired by
GRATUITOUS title from another ascendant, or a brother or sister, is
obliged to reserve such property as he may have acquired by operation
of law for the benefit of relatives who are within the 3rd degree and who
belong to the line from which the property came

Question 40

Requisites of Reserva Troncal

Answer 40

1. The property was acquired by the
   descendant from an ascendant or
   from a brother or sister by
   GRATUITOUS TITLE (the recipient
   does not give in return).
2. The descendant died WITHOUT
   ISSUE.
3. The property is inherited by another
   ascendant BY OPERATION OF LAW.
   (through intestate succession)
4. There are relatives within the 3rd
   degree belonging to the line from
   which said property came.

Question 41

Parties involved in Reserva Troncal

Answer 41

1. Origin
2. Propositus
3. Reservor or Reservista
4. Reservees of Reservatorios