Succession Mcqs

8/11/2019 Succession Mcqs

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INSTRUCTION: The test consists of 50 questions. Choose what you think is the best answer among thefive choices. Write the letter of your choice in the given answer sheet. Do not make marks or writeanything on the questionnaire.

1. Where the reservatario was survived by eleven nephews and nieces of the praepositus in the line oforigin, four of whole blood and seven of half blood-(A) all eleven were not entitled to the reversionaryproperty(b) they are entitled in equal shares(c) the principles of intestacy are controlling(d) the nephews and nieces of whole blood were each entitled to a share double that of each of thenephews and nieces of half(e) reserve troncal is not applicable.

2. The reserva troncal is a special rule designed primarily to assure the return of the reservable propertyto the(a) third degree from the reservor

(b) third degree from the reservatarios(c) third degree relatives(d) third degree from reservista(e) third degree from descendant

belonging to the line from which the property originally came, and avoid its being dissipated into and bythe relatives of the inheriting ascendant.

3. The reservable property should pass, not to all thereservatarios as a class but only to those nearest indegree to the(A)descendant (prepositus) excluding those reservatarios of more remote degree(B) reservista(c) reservor(d) ascendant (prepositus)(e) descendant of the direct line

4. Should brothers and sisters or their children survive with the widow or widower, the latter shall beentitled to (a) one-half (b) 1/8 (c) 1/3 (d) (e) all of the inheritance .

5. Should the only survivors be brothers and sisters of the full blood, they shall inherit in (a) equalshares (b)nothing (c) per stirpes (d) per capita (e) all the property.

6. Should there be neither brothers nor sisters, nor children of brothers or sisters, the other collateralrelatives shall succeed to the estate as (a) a whole (b)only on-half of the estate (c) of the estate (d)one-third (e) only 1/3 of the estate.

7. In the absence of brothers or sisters and of nephews or nieces, children of the former, whether of thewhole blood or not, the surviving spouse, if not separated by a final decree of divorce shall succeed to(a) the entire(b) (c) 1/3

(d) (e) 1/8 estate of the deceased

8. Should there be neither brothers nor sisters, nor children of brothers or sisters, nor a surviving spouse,who shall inherit?(a) the other collateral relatives(b) the state(c) the uncles and aunts(d) the maternal parents(e) grandparents shall succeed to the estate of deceased.


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9. It is likewise clear that the reservable property is

(a) not a part of the estate of the reservista(b) he may not dispose of it by will(c) he returns it to the reservatarios existing(d) all of the above (e)none of the above.

10. Which of the following statements is NOT correct concerning the reservatarios? They-(a) inherit from the reservista(b) do not inherit from the reservista(c) inherit from the descendant prepositus(d) are the heirs mortis causa(e) are subject to the condition that they must survive the reservista

11. Which statement is correct? (a) The reservatario is not thereservista's successor mortis causa (b) nor isthe reservable property part of the reservista's estate (c) the reservatarioreceives the property as aconditional heir of the descendant (prepositus) (d) all of the above (e) none of the above

12. That which results from the designation of an heir, made in a will executed in the form prescribed by lawis known as (a) testamentary succession (b) accretion (c) respresentation (d) collation (e) substitution

13. The words of a will are to be taken in their (a) ordinary sense (b) grammatical sense (c) technicalsense (d) ordinary and grammatical sense (e) depends on the clear intention of the testator

14. The invalidity of one of several dispositions contained in a will (a) invalidate the other dispositions (b)does not result in the invalidity of the other dispositions (c) invalidates only some (D) depends on the willof the testator (e) depends on the result of the probate

15. The validity of a will as to its form depends upon the observance of the law (a) where he resides (b)where the will is made (c) in force at the time it is made (d) all of the above (e) none of the above

16. Which of the following cannot make a will? (a) a Filipino residing in the U.S. (B) a boy who just turned 18(c) a woman who is sick with diabetes (d) a dying old man (e) a demented grandmother

17. A died without a will survived by (a) his widow w (b) his legitimate brothers, B and C and (c)hisnephews E and F who are the children of a deceased sister D. The net remainder of the estate isP24,000.Which of the following statement is correct? (a) W gets 4,000 (b) W gets 8,000 (c) E gets 2,000(d) C gets2,000 (e) F gets 4,000

18. Who can demand the partition of the decedents estate after hisdeath? (a) any compulsory heir (b) alegatee (c) a devisee (d) a voluntary heir (d) a creditor (e) all of the above

19. Which of the statement is NOT correct? (a)Every will must be subscribed at the end thereof by thetestator himself (b) or by the testator's name written by some other person in his presence (c) and by hisexpress direction (d) and attested and subscribed by three or more credible witnesses in the presence of

the testator and of one another (e) to include a holographic will.

20. There can be no partition when (a)prohibited by the testator for more than 20 years (b) prohibited bythe testator for 10 years (c) when the co-heirs agreed not to partition for 30 years (d) the law cannotprohibit partition (e) the heirs cannot agree

21. Can a thing or an entity which is neither a natural nor a juridical person inherit in a will? (a) yes they cangenerally (b) no they cannot as a general rule as it is prohited by law (c) no, and this applies to areligious organization (d) yes the poor as a class not being identified specifically cannot be heirs (e) nobecause a heir has to be living in order to inherit.


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22. Every will must be acknowledged before a (a) judge (b) lawyer (c) notary public (d) at least three

witness (e) a person authorized to administer oath by the testator and the witnesses.23. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and

again, by (a) the lawyer who prepared the document(b) by the notary public before whom the will isacknowledged (c) either of the two will do (d) a judge of the probate court (e) the Clerk of Court.

24. Which is CORRECT about a holographic will? (A) A person may execute a holographic will which mustbe written, dated by the hand of the testator himself. It is subject to (b) it is subject to no other form, (b)must be made only in the Philippines (c) be witnessed by at least one person (d) acknowledged before anotary public (e) need not be probated if not contested.

25. Which is NOT correct about a holographic will? (a)In the probate of a holographic will, it shall benecessary that at least one witness who knows the handwriting and signature of the testator explicitlydeclare that the will and the signature are in the handwriting of the testator (b) If the will is contested, atleast one of such witnesses shall be required (c) In case of any insertion, cancellation, erasure oralteration in a holographic will, the testator must authenticate the same by his full signature (d) When aFilipino is in a foreign country, he is authorized to make a will in any of the forms established by the law ofthe country in which he may be. Such will may be probated in the Philippines (e) ) If the will is contested,at least three of such witnesses shall be required========================================================================Problem 26: X died intestate survived by (1) A,B, C, D and E his legitimate children (2) F and G,

legitimate children of C, a legitimate son of X who predeceased him (3) H and I legitimate children of Dand (4) J and K, legitimate children of E. D, however is incapacitated to inherit from X because of an actof unworthiness, while E repudiated his inheritance. The net value of the estate is P120,000.Questions 26, 27, 28, 29, and 30 will be based on the above problem.

26. A by his right of accretion gets (a) P24,000 (b) 12,000(c) 12,000 in his own right (d) 36,000 (e) 6,000only.

27. By right of representation G gets (a) 12,000 (b) 24,000 (c) 6,000 (d) 4,000 (e) 36,00028. IN totality who should get P36,000 (a) A only (b) B only (c) A and B (D) F and I (E) I only29. Which of the following shares are rendered vacant? (a) C only (b) D only (c) E and C (d) C, D, and E (e)

G30. Which of the following statement is NOT correct (a) F and G can represent C (b) H and I can represent

their father D (C) J and K cannot represent their father E (d) none of the above (e) all of the above.

==========================================================Problem 31: X an employee of the Department of Foreign affairs died intestate in 1976 survived by hiswidow W, legitimate child A, and two illegitimate children B and C. The record shows that he failed tostate in his GSIS application for membership the beneficiaries of his retirement benefits which amountedto P80,000. Questions 31, 32, 33 and 34 shall be based on the above problem.

31. W shall get (a) P20,000 (B) 40,000 (C) 10,000 (D) 5,000 (E) 4,00032. C shall be entitled to (a) (b) (c) 1/8 (d) 1/3 (e) 1/633. A shall be entitled to (a) 20,000 (b) 40,000 (c) 10,000 (d) 5,000 (e) 4,00034. The free portion in this problem is actually (a) (b) (c) 1/3 (d) 1/8 (e) 1/6 of the remaining estate.

==================================================================35. The will of an alien who is abroad produces effect in the Philippines if (a) made with the formalities

prescribed by the law of the place in which he resides, (b) or according to the formalities observed in hiscountry,(c) or in conformity with those which this Code prescribes (d) all of the above (e) none of theabove

36. Which of the following is correct? (a) Two or more persons cannot make a will jointly (b) they can makea joint will but in another instrument (c) two persons cannot make a will for their reciprocal benefit (d) twopersons can make a will for the benefit of a third person (e) Two persons can make a will for their jointbenefit.

37. Which of the following CANNOT be a witness to a will? Any person of (a) sound mind (b) of the age ofeighteen years or more, (c) not bind ( d) not deaf (e) a dumb person


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38. Who of the following is disqualified to witness a holographic will? (a) Any person not domiciled in thePhilippines (b)Those who have been convicted of falsification of a document (c) convicted of perjury (d)convicted of false testimony (e) none of the above.

39. A will may be revoked outside the Philippine (a) by a person who does not have his domicile in thiscountry, is valid when it is done according to the law of the place where the will was made, (b) oraccording to the law of the place in which the testator had his domicile at the time (c) and if the revocationtakes place in this country, when it is in accordance with the provisions of the Code(d) all of the above (e)none of the above

40. A will shall be valid (a) even though it should not contain an institution of an heir, (b) or such institutionshould not comprise the entire estate, (c) and even though the person so instituted should not accept theinheritance or should be incapacitated to succeed (d) all of the above (e) none of the above

41. Which of the following is NOT correct? (a) Every disposition in favor of an unknown person shall bevoid (b) unless by some event or circumstance his identity becomes certain. (c) a disposition in favor of adefinite class is invalid (d) a disposition to a group of persons shall be valid (e) a disposition to anunknown person may be validated.

42. Which of the following is CORRECT? The preterition(A)or omission of a compulsory heir(b) of an heir of the direct line

(c) of a voluntary heir of the direct line(d) one or some of the compulsory heirs(e) of a compulsory heir of the direct line

whether living at the time of the execution of the will or born after the death of the testator, shall annul theinstitution of heir.=============================================================PROBLEM : The testator, an illegitimate person,is survived by (1) his parents by nature, F and M and (2)his widow W. The net value of his estate is P80,000. Questions No. 43, 44, and 45 shall be based onthe above problem:

43. The legitimes of F and M shall be(a) 40,000(b) P20,000

(c) of the estate(d) 10,000(e) not entitled at all

44. The free disposal shall be (a) P40,000 (b) 20,000 (c) 10,000 (d) 30,000 (e) none45. The legitime of W is (a) 40,000 (b) P20,000 (c) of the estate (d) 10,000 (e) not entitled at all

=============================================================46. Which of the following statements is NOT correct?

(A)A voluntary heir who dies before the testator transmits nothing to his heirs. (B) The legitime oflegitimate children and descendants consists of one-half of the hereditary estate of the father and of themother(C) The legitime reserved for the legitimate parents shall be divided between them equally; if one of theparents should have died, the whole shall pass to the survivor(D) If only one legitimate child or descendant of the deceased survives, the widow or widower shall be

entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse mayinherit if it was the deceased who had given cause for the same.(E) If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the survivingspouse shall have a right to one-half of the hereditary estate which shall be taken from the free portion ofthe estate

47. Which of the following is CORRECT? (A) Illegitimate children who may survive with legitimate parentsor ascendants of the deceased shall be entitled to one-fourth of the hereditary estate to be taken from theportion at the free disposal of the testator (B) If the only survivor is the widow or widower, she or he shallbe entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely


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dispose of the other half (C) When the widow or widower survives with legitimate parents or ascendantsand with illegitimate children, such surviving spouse shall be entitled to one-eighth of the hereditary estateof the deceased which must be taken from the free portion, and the illegitimate children shall be entitledto one-fourth of the estate which shall be taken also from the disposable portion. The testator may freelydispose of the remaining one-eighth of the estate (D) When the testator dies leaving illegitimate childrenand no other compulsory heirs, such illegitimate children shall have a right to one-fourth of the hereditaryestate of the deceased. (E)Disinheritance can be effected only through a will wherein the legal causetherefor shall be specified

48. (a) Representation (b) Accretion (c) Succession (d) collation (e)Reserva troncal is a right created byfiction of law, by virtue of which a person is raised to the place and the degree of the person represented,and acquires the rights which the latter would have if he were living or if he could have inherited.

49. Which of the following statements is NOT correct? (a)Heirs who repudiate their share may not berepresented (b)In the absence of legitimate descendants or ascendants, the illegitimate children shallsucceed to the entire estate of the deceased(c)An illegitimate child can inherit ab intestato from thelegitimate children and relatives of his father or mother (d) If a widow or widower and legitimate childrenor descendants are left, the surviving spouse has in the succession the same share as that of each of thechildren (e) In order to be capacitated to inherit, the heir, devisee or legatee must be living at the momentthe succession opens, except in case of representation, when it is proper.

50. (a) Representation (b) Reversion (c) Collation (d) Succession (e) Accretion is a right by virtue of which,when two or more persons are called to the same inheritance, devise or legacy, the part assigned to theone who renounces or cannot receive his share, or who died before the testator, is added or incorporatedto that of his co-heirs, co-devisees, or co-legatees.


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ANSWER KEY:

1. D2. C3. NONE SUPPLIED4. NONE SUPPLIED5. NONE SUPPLIED6. NONE SUPPLIED7. NONE SUPPLIED8. NONE SUPPLIED9. NONE SUPPLIED10. A11. NONE SUPPLIED12. NONE SUPPLIED13. D14. B15. C16. E17. C18. NONE SUPPLIED19. NONE SUPPLIED

20. NONE SUPPLIED21. NONE SUPPLIED22. NONE SUPPLIED23. NONE SUPPLIED24. B25. B

26. B27. NONE SUPPLIED28. NONE SUPPLIED29. D30. D31. A32. C33. B34. B35. D36. E37. E38. E39. NONE SUPPLIED40. NONE SUPPLIED41. E42. E43. B44. A

45. B46. E47. D48. A49. NONE SUPPLIED50. E

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Succession Mcqs