Law Dictionary

Question B.14, Civil Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question B.14, Civil Law, 2019 Bar Exam

Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his heirs, and consequently, made testamentary dispositions in their favor. H, however, expressly disinherited Z on the ground that the latter once filed a civil case against him in order to collect a particular sum of money he previously owed Z.

(a) Was the disinheritance of Z proper? Explain. (3%)

(b) Assuming that the disinheritance of Z was improper, how will it affect the institution of heirs and testamentary dispositions made in H’s will? Explain. (3%)

Suggested Answer:

(a) No. Answer

Under the Civil Code, there are grounds provided for the disinheritance of a child, such as when a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless. Filing a civil case is not one of them. Rule

In the case at bar, H expressly disinherited Z on the ground that the latter filed a civil case against H to collect a sum of money. This cause is not one of the grounds specified under the law resulting in the nullity of the disinheritance. Apply

Thus, the disinheritance of Z was not proper. Conclusion

(b) If Z’s disinheritance was improper, he will be reinstated as a compulsory heir as a child or descendant of H. This will result in the equal reduction of the inheritance of X and Y to cover Z’s legitime.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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