Practice question
An instituted heir’s testamentary portion becomes vacant. The will names no substitute, and the legal requirements for accretion are not satisfied. The executor claims he may keep it free of its charges because no co-heir can accrete. Which conclusion follows Article 1022?
- The executor becomes the beneficiary automatically
- The portion loses every obligation automatically
- The property becomes ownerless
- The executor may choose any friend as a new heir
- The portion passes to the testator’s legal heirs with the same charges and obligations
Legal references
- Civil Code, Article 1022: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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