Practice question
A valid will institutes Leo and names Mia as simple substitute without specifying triggering cases or otherwise limiting the substitution. Leo validly renounces the inheritance after the testator's death. Mia is capable of succeeding, and no compulsory share is impaired. Leo's relatives argue that substitution applies only if Leo died first. Which conclusion follows from Article 859?
- Renunciation is always excluded from simple substitution.
- Mia can take under the substitution because the unrestricted simple substitution includes unwillingness to accept.
- Mia must prove that Leo died before the testator.
- The substitute can never inherit after a renunciation.
- The executor must keep the share personally.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 859.
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