Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Hard Jurisprudence

Practice question

An heir committed an act constituting unworthiness. The testator learned of it only after making the will, then expressly condoned it in writing. No separate incapacity is involved. A contestant says such a cause can never lose effect under any circumstances. Which is correct?
  1. Article 1033 allows subsequent written condonation to render the cause of unworthiness ineffective
  2. All incapacity provisions are abolished
  3. Any neighbor may pardon unworthiness
  4. An oral rumor necessarily supplies written condonation
  5. The testator’s knowledge can never matter

Legal references

  • Civil Code, Article 1033: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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