Select the BEST answer by encircling the letter that corresponds to the questions asked.
1. A kind of succession where part of the property has been disposed of in a will and another part by operation of law is aptly called
a. Testamentary succession
b. Legal succession
c. Mixed succession
d. Voluntary succession
2. Except for one, example of right extinguished by death (and which therefore is not part of the estate)
a. right to bring or continue an action for forcible entry or unlawful detainer.
b. right to claim acknowledgment or recognition as a natural child.
c. intransmissible personal rights because of their nature.
d. right to hold public or private office
3. One of the following is not a characteristic of a will, which is it?
a. there must be animus testandi.
b. it is a unilateral act.
c. it is a natural right
d. it is a solemn or formal act.
4. Which is an incorrect statement as regards essential element of a will?
a. the will is strictly a personal act.
b. it is essentially revocable.
c. it is free from vitiated consent.
d. it can be subject to a compromise agreement.
5. In his sickbed, a dying person called on his wife and children orally disposing of his estate. The act is;
a. valid in consonance with the dying wishes of a decedent.
b. valid as it does not affect third persons.
c. invalid since wills must be in writing.
d. invalid since it need notarial act.
6. Who among the following is incapacitated to make a will?
a. convict under civil interdiction.
b. spendthrifts who are 18 years old.
c. juridical person.
d. prodigals who are 18 years old.
7. Can future inheritance be the subject of a contract of sale?
a. No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to public policy.
b. No, since the seller owns no inheritance while the predecessor lives.
c. Yes, since the death of the decedent is certain to come.
d. Yes, but on the condition that the amount of the inheritance can only be ascertained after the obligations of the estate have been paid.
8. An Australian living in the Philippines acquired shares of stock worth 10 Million in food manufacturing companies. He died in Manila, leaving a legal wife and child in Australia and a live-in partner with whom he had two children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in partner and their children. What law will govern the validity of the disposition in the will?
a. Australian law since his legal wife and legitimate child are Australians and domiciled in Australia.
b. Australian law since the intrinsic validity of the provisions of a will is governed, by the decedent's law.
c. Philippine law since the decedent died in Manila and he executed his will according to such law.
d. Philippine law since the decedent's properties are in the Philippines.
9. Jenny and Juno have been sweethearts for 5 years. While working in a European country where the execution of joint wills are allowed, the two of them executed a joint holographic will where they named each other as sole heir of the other in case either of them dies. Unfortunately, Juno died a year later. Can Jenny have the joint will successfully probated in the Philippines?
a. Yes, in the highest interest of comity of nations and to honor the wishes of the deceased.
b. No, since Philippine law prohibits the execution of joint wills and such law is binding on Jenny and Juno even abroad.
c. Yes, since they executed their joint will out of mutual love and care, values that the generally accepted principles of International law accepts.
d. Yes, since it is valid in the country where it was executed, applying the principle of "lex loci celebraciones".
10. Budoy executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the Notary Public failed to come. Two days later the Notary Public notarized the will in his law office where all signatories to the will acknowledged that the testator signed the will in the presence of the witnesses and that the latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized?
a. No, since it was not notarized on the occasion when the signatories affixed their signatures on the will.
b. Yes, since the Notary Public has to be present only when the signatories acknowledge the acts required of them in relation to the will.
c. No, since the Notary Public did not require the signatories to sign their respective attestations again.
d. Yes, but the defect in the mere notarization of the will is not fatal to its execution.
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