Philippine Bar review · Question

Practice question: Legitime

Multiple Choice Hard

Practice question

During a parent's lifetime, a child signs an agreement renouncing the child's future legitime in exchange for an advance payment. Upon the parent's death, the child claims the legitime and says the advance can be ignored. Which answer follows Article 905?
  1. The agreement validly destroys the future legitime in every case
  2. The future-legitime renunciation or compromise is void, but what was received under it must be brought to collation
  3. The advance automatically makes the child universal heir
  4. The child may claim the legitime while necessarily keeping the advance outside every accounting
  5. The rule concerns only strangers

Legal references

  • Civil Code Articles 886–888 and 904–914: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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