Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Easy

Practice question

Under 1035, may the excluded incapable child enjoy administration and usufruct of the legitime acquired by that child’s descendants?
  1. Yes; exclusion necessarily creates unrestricted administration.
  2. Only the excluded person’s preference controls.
  3. No.
  4. The grandchildren automatically lose every right.
  5. The executor may repeal the article.

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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