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Philippine Bar review · Question

Practice question: Sales, Mortgages, and Other Encumbrances of Estate Property (Rule 89)

Multiple Choice Hard

Practice question

An undisputed legally established trust shows that the deceased held land for another. The administrator asks to distribute it as beneficially owned by the heirs. What is the proper Section 9 alternative?
  1. Seek the prescribed court-authorized conveyance to the beneficiary or the beneficiary’s executor or administrator after the required notice.
  2. Distribute it to heirs as free of the established beneficial interest.
  3. Declare the administrator personally beneficially entitled.
  4. Convey it privately without the prescribed court authority or notice.
  5. Treat every trust arising by law as unenforceable solely for lack of a deed.

Legal references

  • Rules of Court, Rules 86-90, provisions specifically identified in the explanations: https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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