Practice question
A will calls two persons jointly to a single undivided free portion “one-half for each.” One predeceases the testator, and no substitution or representation affects the stated facts. Does the phrase alone bar accretion?
- Yes, every fraction excludes it
- No; an aliquot designation without exclusive identified property does not alone exclude accretion
- Yes, if the beneficiaries are named
- Yes, if no executor objects
- No, because every failed gift always accrues regardless of requirements
Legal references
- Civil Code, Articles 1016-1017: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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