Practice question
A valid will expressly disinherits a child for an asserted statutory cause and institutes a friend. The child contests the cause. The friend argues that because the document was admitted to probate, the factual accusation no longer needs proof. Assuming the truth of the cause has not been adjudicated, which answer is correct?
- Due execution conclusively establishes every alleged disinheritance fact
- The denied cause remains subject to Article 917's burden of proof; probate of due execution alone does not supply the missing proof
- A friend can never receive any free portion
- The disinherited child must establish the friend's innocence
- Every probate order automatically restores the child
Legal references
- Civil Code Articles 854 and 915–923: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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