Professional Documents
Culture Documents
A: No. CSU: If the first cousin is incapacitated by the law, so must also be the wife.
Q: A and B are half-brothers. A is the child of X. A caused the death of the grandchild of B. Can
A still inherit from X?
A: If X is the common parent, A can still inherit if there was no intent to kill. Next is condonation.
Q: In the will of X, a condo unit was given to A and A was one of the witnesses. May A inherit
the condo unit as a voluntary heir.
Q: If the heir witnessed the death of the testator and did not report the incident. Will that
incapacitate him to inherit?
A: No.
Q: May an heir commit an act of unworthiness after the death of the testator?
A: Yes, forging a will, etc.
Q: If after the death of X, a will was discovered wherein A was given a car but A committed an
act of unworthiness against X. May A inherit?
Q: If A, heir of X, committed an act of unworthiness, and a criminal complaint was filed. During
the pendency of that case, A died then X died. May A inherit?
A: No, because A predeceased X.
Q: If the action to declare the heir incapacity was filed 6 years after the death of X. Will the
action prosper?
A: It would depend on when A will take possession.
Q: X died with 3 children, C committed an act of unworthiness. If the net estate of X who died
intestate is P3M, how will this estate be distributed?
A: Heirs of C will only inherit the legitime and not the free portion. Art. 1035
Q: If after the death of X, the heirs found a deed of sale on a parcel of land where the decedent
is the seller and the buyer is in the possession of the land. Will the land may from part of the
estate of X?
A: Yes, if the contract of sale is void or voidable.
Q: In the will of X, X gave 10M to A which amount will be taken from an account of X in BDO. X
died, settlement took 30 years. Will the interest from part of the estate?
A: No, Art. 781 is inaccurate. If interest accrued after the death, it cannot form part of
inheritance.