Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Hard

Practice question

An unrelated physician personally cared for the testator during the last illness and receives a testamentary gift within 1027(5). No applicable exception or different legal basis exists. The physician relies only on being generally able to own property. Which is best?
  1. General property-owning capacity does not remove the specific succession disqualification.
  2. Every physician automatically inherits every patient’s estate.
  3. Professional skill repeals every statutory disqualification.
  4. Only the gift’s wrapping matters.
  5. Every medical bill is a valid will.

Legal references

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

Answer this question in flashcards to review your response and continue practicing.