Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Medium

Practice question

A validly conditional legacy raises capacity at fulfillment. A beneficiary insists 1034 permits consideration only of death and never of condition compliance. Which is correct?
  1. Condition compliance is expressly forbidden from consideration.
  2. Every condition is automatically void.
  3. Only the beneficiary may choose the legal date.
  4. The express additional conditional-gift criterion must be considered.
  5. The legacy automatically belongs to the lawyer.

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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