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Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Medium Jurisprudence

Practice question

A ward makes a testamentary gift to an unrelated guardian before approval of the guardian’s final accounts. The ward dies after approval. Does the later approval alone validate this gift under Article 1027(3)?
  1. Yes, automatically
  2. Yes, if the guardian keeps the will
  3. Yes, whenever the guardian requests it
  4. No; the rule covers a disposition made before final-account approval even if death follows approval, and no listed family exception is present
  5. No guardian may ever receive a gift even within the listed family exception

Legal references

  • Civil Code, Article 1027(3): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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