Philippine Bar review · Question

Practice question: Institution and Substitution of Heirs

Multiple Choice Medium

Practice question

A will misspells an instituted heir's surname, but other identifying facts establish with certainty the person intended. Under Article 844, what is the effect of this error?
  1. The whole will is necessarily void.
  2. The heir must change their legal surname.
  3. The estate automatically becomes ownerless.
  4. The error does not invalidate the institution when the heir can otherwise be identified with certainty.
  5. The executor inherits the mistaken share automatically.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 844.

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