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Philippine Bar review · Question

Practice question: Institution and Substitution of Heirs

Multiple Choice Medium

Practice question

A valid will institutes one voluntary heir to one-fourth of the inheritance and leaves the remainder undisposed of. There are no compulsory heirs or other dispositions affecting the analysis. Under Article 851, what governs the remainder?
  1. The instituted heir automatically receives all of it.
  2. The executor automatically owns it.
  3. The remainder must be destroyed.
  4. It is automatically given to the will's witnesses.
  5. Legal succession applies to the remainder.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 851.

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