Question V, Civil Law, 2018 Bar Exam

Sol Soldivino, widow, passed away, leaving two (2) legitimate children: a 25-year-old son, Santino (whom she had not spoken to for five [5] years prior to her death since he attempted to kill her at that time), and a 20-year-old daughter, Sara. She left an estate worth PhP8 million and a will containing only one provision: that PhP1 million should be given to "the priest who officiated at my wedding to my children’s late father." Sara, together with two (2) of her friends, acted as an attesting witness to the will.

On the assumption that the will is admitted for probate and that there are no debts, divide the estate and indicate the heirs/legatees entitled to inherit, the amount that each of them will inherit, and where (i.e., legitime/free portion/intestate share) their shares should be charged. (5%)

Suggested Answer:

The estate will be divided as follows:

Php7 Million – goes to Santino as a compulsory heir being a legitimate child

Php   1 Million – goes to the priest as a legatee


Php   8 Million – total estate Answer

Under the Civil Code, legitimate children are compulsory heirs whose legitime consists of one-half of the hereditary estate. If there is any balance from the free portion, they shall inherit equally thereto. Further, a child or descendant may only be disinherited if he has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants. Moreover, any...

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