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Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Hard

Practice question

A minister gave the stated spiritual aid during the testator’s last illness. The will benefits the minister’s brother, within the specified degree, and 1027(2) applies without another basis changing the result. The brother says only the minister personally is covered. Which is correct?
  1. No relative is ever included by 1027.
  2. The provision expressly extends to the identified relatives and institutions.
  3. Only the minister may decide who is legally capable.
  4. The brother’s surname automatically eliminates the statutory relationship.
  5. Every spiritual-aid gift necessarily becomes a tax refund.

Legal references

  • Civil Code Articles991,997-1001,1016-1023,1026-1035,1050 and1063-1072: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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