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Philippine Bar review · Question

Practice question: Acceptance and Repudiation of the Inheritance

Multiple Choice Hard

Practice question

An heir dies after the decedent without having accepted or repudiated the inheritance. The heir's successors argue that the undecided right necessarily vanished at that second death. What does Article 1053 provide?
  1. The right necessarily disappears.
  2. Only the original decedent's lawyer may decide.
  3. The right to accept or repudiate is transmitted to the deceased heir's heirs.
  4. The entire estate automatically becomes public property.
  5. The failure to decide is always a valid formal repudiation.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1053.

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