Practice question
A family head dies when a qualifying minor beneficiary is four. Twelve years later that beneficiary remains sixteen and the home continues to satisfy applicable conditions. Heirs seek immediate partition solely because ten years elapsed; no court finds compelling reasons. Which159 analysis is correct?
- The remaining minor-beneficiary protection must also be applied, so ten years alone does not compel partition
- Ten years always terminates protection despite a minor beneficiary
- The beneficiary must be expelled automatically
- The heirs’ private preference replaces the court requirement
- Death erased the protection twelve years earlier
Legal references
- Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Articles154–156 and159–161; no fixed current value assumed.
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