Practice question
The facts establish technical preterition under Article 854 of a surviving compulsory heir in the direct line. The will also contains specific legacies that do not impair any legitime. A party argues that preterition automatically voids every legacy as well as the institution of heirs. Which answer is correct?
- The institution remains entirely unaffected.
- Every noninofficious legacy must fail.
- Article 854 annuls the institution of heirs but preserves devises and legacies insofar as they are not inofficious.
- Preterition affects only the executor's compensation.
- The omitted heir must accept the omission as an implied disinheritance.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 854.
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