Capacity to Succeed by Will or by Intestacy

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1. What is the basic rule under Article 1024?
2. Can a child already conceived when the decedent dies be capable of succeeding?
3. Under Article 1039, which national law governs capacity to succeed?
4. A ward makes a testamentary gift to an unrelated guardian before approval of the guardian’s final accounts. The ward di…
5. A will gives property to a legally disqualified person through an intermediary solely to disguise the benefit. What doe…
6. An heir committed an act constituting unworthiness. The testator learned of it only after making the will, then express…
7. An excluded unworthy heir possessed estate property before a judicial exclusion order and sold a portion to a third per…
8. Distinguish capacity to inherit from the ability to personally administer an inheritance, using a minor and a conceived…
9. Explain the guardian disqualification and its listed family exception under Article 1027(3).
10. Explain how Article 1033 treats causes of unworthiness when the testator knew of them or later condoned them.
11. Under 1034’s ordinary criterion, at what time is the successor’s qualification judged?
12. For a conditional institution, devise or legacy, what additional time does 1034 say must also be considered?