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.
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