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Philippine Bar review · Question

Practice question: Partition and Distribution of the Estate

Multiple Choice Hard

Practice question

A will directs that the estate remain undivided for thirty years. After twenty years, one co-heir seeks partition; no separate lawful bar is asserted. The other heirs rely only on the thirty-year testamentary prohibition. Which statement is correct?
  1. The prohibition binds for any duration the testator chooses.
  2. The prohibition is valid only if there is a minor heir.
  3. Article 1083 limits the testator’s prohibition to twenty years, so it cannot alone bar partition for the additional ten years.
  4. Every testamentary prohibition is entirely void from the start.
  5. The court has no power to order division even for compelling reasons.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1078–1087 and1091.

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