Philippine Bar review · Question

Practice question: Wills

Multiple Choice Hard

Practice question

Two reasonable readings exist. One gives effect to all relevant expressions and avoids intestacy; the other unnecessarily makes a clause meaningless. No contrary legal requirement intervenes. Which 791 preference applies?
  1. Always choose the reading that erases the most clauses.
  2. Prefer the reading giving expressions effect and preventing intestacy.
  3. Only the executor’s convenience controls.
  4. Avoiding intestacy permits any invented clause even without a plausible reading.
  5. The court must disregard every word.

Legal references

  • Civil Code Articles774-794,863-867 and1347: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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