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AllBar 2024Civil LawVII. WILLS AND SUCCESSIOND. Provisions Common to Testate and Intestate Succession (Civil Code, arts. 1015-1105)

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Question

VII. WILLS AND SUCCESSION

D. Provisions Common to Testate and Intestate Succession (Civil Code, arts. 1015-1105)

John passed away without leaving a will. He is survived by his wife Maria, their son David, and his parents, James and Sarah. John's estate includes a residential property and a substantial amount of cash. According to the provisions common to testate and intestate succession under the Civil Code, answer the following questions:

  1. Who are the compulsory heirs of John?
  2. What is the share of each compulsory heir in the estate?
  3. If David renounces his inheritance, who will be entitled to his share of the estate?
  4. Can Maria, as the surviving spouse, be completely disinherited by John?
  5. Can John's parents, James and Sarah, be completely excluded from inheriting his estate?
  6. Under what circumstances can the compulsory heirs lose their right to inherit?

Answer

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