Q. A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will was submitted to probate, X opposed on the ground of preterition. Is X correct? (Solved)
1. X is correct because he is an heir in the direct line, hence, entitled to his legitime.
2. X is not correct because the donation is an advance inheritance.
3. X is correct because donation being irrevocable is not collationable.
4. X is correct, otherwise, it would be unfair to him being an heir of A.
- b. X is not correct because the donation is an advance inheritance.