Practice question
A compulsory heir received a lifetime donation and later succeeds with other compulsory heirs. The donor expressly dispensed with collation. The facts establish that part of the gift nevertheless impairs another compulsory heir's legitime. The donee argues that dispensation conclusively prevents any reduction. Which conclusion follows from Article 1062?
- Express dispensation always permits destruction of every other legitime.
- The donor's dispensation converts the donation into a sale.
- The dispensation from collation does not prevent reduction of an inofficious donation.
- The other compulsory heir must forfeit the entire inheritance.
- The donation must always be physically returned in full, without considering the extent of impairment.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1062.
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