Philippine Bar review · Topic
Institution and Substitution of Heirs
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Practice questions
- When does 866 state that the second heir acquires the succession right?
- A valid express substitution otherwise satisfies 863. The second heir survives the testator but dies before the fiducia…
- A clause expressly imposes a fideicommissary burden on a compulsory heir’s legitime. No different legal basis changes t…
- A testator leaves property so the recipient may invest it under secret instructions communicated privately. The provisi…
- An otherwise valid express fiduciary obligation calls for preservation and later transmission. The first heir claims th…
- Distinguish a valid express fideicommissary obligation from an attempt to burden legitime.
- Apply 866 when the second heir survives the testator but dies before the fiduciary. Assume a valid substitution.
- Explain the problem with secret testamentary investment instructions under 867(4).