1.) TRUE or FALSE. In reserve troncal, all reservatarios (reservees) inherit as a class and in equal shares regardless of their proximity in degree to the prepositus.
FALSE. Not all the relatives within the third degree will inherit as reservatario, and not all those who are entitled to inherit will inherit in the equal shares. The applicable laws of intestate succession will determine who among the relatives will inherit as reservatarios and what shares they will take, i.e., the direct line excludes the collateral, the descending direct line excludes the ascending, the nearer excludes the more remote, the nephews and nieces exclude the uncles and the aunts, and half blood relatives inherit half the share of full-blooded relatives.
2.) F had three (3) legitimate children: A, B, and C. B has one (1) legitimate child X. C has two (2) legitimate children: Y and Z. F and A rode together in a car and perished together at the same time in a vehicular accident, F and A died, each of them leaving substantial estates in intestacy. 1. Who are the intestate heirs of F? What are their respective fractional shares? 2. Who are the intestate heirs of A? What are their respective fractional shares? 3. If B and C both predeceased F, who are F’s intestate heirs? What are their respective fractional shares? Do they inherit in their own right or by representation? Explain your answer. 4. If B and C both repudiated their shares in the estate of F who are F's intestate heirs? What are their respective fractional shares? Do they inherit in their own right or by representation? Explain your answer.
1. B = 1/2 ; C= 1/2
2. Under Art. 1005, should brothers and sisters survive together with nephews and nieces, who are the children of the decedent’s brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stripes. B and C should inherit both ½ of the whole estate.
3. Under Art. 982, the grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. X should inherit 1/2 share by representation of B. Y and Z should inherit 1/4 share each by representation of C.
4. X inherits 1/3 in his own right; Y inherits 1/3 in his own right; Z inherits 1/3 in his own right; Art. 977 provides that heirs who repudiate their share cannot be represented.
3.) Enrique died, leaving a net hereditary estate of P1.2 million. He is survived by his widow, three legitimate children, two legitimate grandchildren sired by a legitimate child who predeceased him, and two recognized illegitimate children. Distribute the estate in intestacy.
Under the theory of Concurrence, the shares are as follows:
A |
Legitimate child (LC) |
P200,000 |
B |
Legitimate child |
P200,000 |
C |
Legitimate child |
P200,000 |
D |
Legitimate child |
P0 (predeceased) |
E |
Legitimate child of D |
P100,000 (by right of representation) |
F |
Legitimate child of D |
P100,000 (by right of representation) |
G |
Illegitimate child |
P100,000 (1/2share of the LC) |
H |
Illegitimate child |
P100,000 (1/2share of the LC) |
W |
Widow |
P200,000 (same share as LC) |