Philippine Bar review · Question

Practice question: Institution and Substitution of Heirs

Essay Medium

Practice question

A will states: 'I institute my friend as heir; if he cannot or does not wish to accept, his sister will substitute him.' The friend is capable but validly renounces after the testator's death. The sister can succeed, and no legitime is impaired. Explain the sister's claim under the stated substitution.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 857, 859.

Answer this question in flashcards to review your response and continue practicing.