Practice question
A valid will partitions the estate among the testator’s children but prejudices a compulsory heir’s legitime. Must that partition be respected in full solely because the testator made it?
- Yes, a testator’s partition can always eliminate legitimes.
- Yes, if every asset has a separate title.
- Yes, because Article 1080 applies only to strangers.
- Yes, if the favored child is the eldest.
- No, Article 1080 respects such a partition only insofar as it does not prejudice compulsory heirs’ legitimes.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1078–1087 and1091.
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