Don died after executing a Last Will and Testament leaving his estate valued at P12 Million to his common-law wife Roshelle. He is survived by his brother Ronie and his half-sister Michelle.
(1) Was Don’s testamentary disposition of his estate in accordance with the law on succession? Whether you agree or not, explain your answer. 2.5%
(2) If Don failed to execute a will during his lifetime, as his lawyer, how will you distribute his estate? Explain. 2.5%
(3) Assuming he died intestate survived by his brother Ronie, his half-sister Michelle, and his legitimate son Jayson, how will you distribute his estate? Explain. 2.5%
(4) Assuming further he died intestate, survived by his father Juan, his brother Ronie, his half-sister Michelle, and his legitimate son Jayson, how will you distribute his estate? Explain. 2.5%
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1 comment:
X.
1.
Yes. Since Don has no compulsory heirs, he is free to distribute his estate to the person he wants. His brother and half-sister is not entitled to a legitime.
2.
Eight million shall go to his brother Ronie and four million shall go to his half-sister Roshelle. The Civil Code provides that should brothers and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter.
3.
Jayson will inherit the entire estate. In intestate succession, relatives in the direct line exclude the relatives in the collateral line.
4.
Jayson will still inherit the entire estate. Likewise in intestate succession, relatives in the direct descending line exclude the relatives in the direct ascending line.
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