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Wills Seatwork

1. The document discusses the interpretation of wills based on the intention of the testator and technical legal terms, as well as how to interpret provisions to avoid intestacy and give effect to all expressions. 2. It asks whether a bank can demand payment from heirs who inherited property used as collateral for unpaid loans of the deceased. 3. A will is a personal act and the testator cannot delegate decisions about heirs, portions, or which properties will be received.

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Katrina Perez
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102 views4 pages

Wills Seatwork

1. The document discusses the interpretation of wills based on the intention of the testator and technical legal terms, as well as how to interpret provisions to avoid intestacy and give effect to all expressions. 2. It asks whether a bank can demand payment from heirs who inherited property used as collateral for unpaid loans of the deceased. 3. A will is a personal act and the testator cannot delegate decisions about heirs, portions, or which properties will be received.

Uploaded by

Katrina Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

The words of a will are to receive an interpretation (a) that will give
effect to the intention of the testator (b) based on their ordinary and grammatical
sense (c) where technical words are to be taken in their technical sense (d) which will
give to every expression some effect, rather than one which will render any of the
expressions inoperative (e) that will prevent intestacy.

2. On May 31, 2010, Banco San Juan (Bank) and Rene entered into a loan
agreement in the amount of P1,500,000.00. The amount was intended for the payment
of one (1) unit kubota tractor. On Dec. 2, 2012, the same bank and Rene entered into
another loan agreement for the payment of another unit of Kubota tractor and one
unit of a Rotamotor. In 2015, Rene died, leaving a holographic will. Testate
proceedings commenced before the RTC of Tarlac. During the pendency of the
testate proceedings, the surviving heirs, Alfonso and his sister Florence, executed a
Joint Agreement, wherein they agreed to divide between themselves and take
possession of the three (3) tractors: (2) tractors for Alfonso and (1) for Florence. May
the Bank demand from Alfonso and Florence the payment of their father’s unpaid
debts?

3. The making of a will is a strictly personal act. It means that the testator
cannot delegate to a third person the determination (a) on the efficacy of the
designation of heirs (b) as to the portions the heirs will receive when referred to by
their names (c) as to whether or not the testamentary disposition will be operative (d)
as to which the properties the legatees and devisees will receive ( e) All of the above

4. Sometime in 2019, Remedios filed an action for the recovery of 2 parcels


of land in Pangasinan against Beverly. Remedios was the lawful wife of Romeo who
upon his death in 2010 left the lands involved in this litigation. Romeo left no other
heir except his widow Remedios. However, Remedios claims that when Romeo died,
his mistress Beverly took possession illegally of said lands thus depriving her of
their possession and enjoyment. In her answer, Beverly contended that Remedios
and her husband executed a public document whereby they agreed to separate as
husband and wife and, in consideration of which Remedios was given a parcel of
land and in return she renounced her right to inherit any other property that may be
left by her husband upon his death. Was Beverly’s contention tenable?
5. The formal validity of a will shall be determined based on (a) the rule
on lex loci celebrationis (b) the law where the testator resides (b) the law in force at
the time it was executed (d) all of the above (e) None of the above

6. On March 31, 2015, Rosalina, mother of minors Mary and Marigold and
wife of Rolito, instituted a civil action in the RTC of Sorsogon against Spouses
Roque, to quiet title over certain parcels of land located in Sorsogon. Spouses Roque
filed a motion to dismiss the complaint on the ground that Rosalina is dead and,
therefore, has no legal capacity to sue. In the hearing for the motion to dismiss,
counsel for Rosalina confirmed her death and asked for substitution by her minor
children and her husband; but the court after the hearing immediately dismissed the
case sustaining the motion filed by the defendants. Was the decision of the Court to
dismiss the case valid?

7. A will is ambulatory. It means that (a) the will is effective mortis causa
(b) the will cannot be revoked once approved in probate (c) It is irrevocable (d) The
revocation may only be done by the testator himself (e) None of the above.

8. Adelfa and her 3 children were co-owners of a parcel of land in Albay,


with ½ share to Adelfa and the other undivided half belonging to the 3 children pro
indiviso. After Adelfa’s death in 2005, one of her sons, Michael, sold his share to the
Lot to Loreto, who in turn sold said share to Legaspi Oil Mills. When the Lot was
extra-judicially partitioned by the heirs of Adelfa in 2010, they claim that the 1/2
share of interest of Aldelfa (mother of Michael) in the Lot was not included in the
deed of sale as it was intended to limit solely to Michael' proportionate share out of
the undivided 1/2 of the area pertaining to the three (3) children listed in the Title
and that the Deed did not also include the share of Michael, as inheritance from
Adelfa, because the Deed did not recite that she was deceased at the time it was
executed. May an heir sell his share in hereditary property even before its partition?

9. Which of the following cannot make a will in the Philippines? (a) An


Alien (b) A non-resident Filipino Citizen (c) A married woman (d) A person suffering
a penalty of Civil Interdiction (e) A person with Alzheimer's disease
10. While Hermilina (Hermie) was still alive, she owned a 1,000 sq.m.
property in Galas, Quezon City. She sold a 110 square meter of which to Spouses
Domino. The latter took actual possession of it and erected a house thereon. As the
exclusive owners of the subject property, respondents Spouses Domino made several
verbal demands upon Hermie, during her lifetime, for her to execute the necessary
documents to effect the issuance of a separate title in their favor. When Hermie died,
her children, namely, Nestor, Dennisse, and Pablo executed a Deed of Extrajudicial
Settlement, adjudicating and partitioning among themselves and the other heirs, the
estate left by Hermie, which included the subject property already sold to Spouses
Domino. May the heirs of Hermie be compelled to comply with the sale made by
their predecessors in favor of Spouses Domino?

11) The testator executed a will following the formalities required by law on
succession without designating any heir. The only testamentary disposition in the
will is the appointment of an executor. Is the will valid?

12) Senyora executed a will that she and 3 attesting witnesses signed following the
formalities of law, except that the Notary Public failed to come. Three 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 executed?

13). The following are the contents of the attestation clause, EXCEPT:

A. The witnesses signed in the presence of the testator (and one of another pa
dapat)
B. The witnesses signed the will and all the pages thereof (witness and sign
the will and all the pages thereof, not only signed)
C. The testator caused some other person to sign for him
D. The third person wrote the name of the testator in the presence of the
testator and instrumental witnesses
E. A and B
F. C and D
G. None of the above
14. All persons who are qualified to make a will are also qualified to be instrumental
witnesses.

A. TRUE
B. FALSE

15. The following are qualified to be instrumental witnesses, EXCEPT:

A. Heir
B. Devisee
C. Creditor
D. A and B
E. B and C
F. None of the above

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