Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of representation?
a. G can inherit by right of representation being the son of C.
b. G cannot inherit by right of representation because such right applies only to blood relatives.
c. G can inherit by right of representation because one of the rights of an adopted child is the right of inheritance without any distinction and discrimination.
d. G can inherit by right of representation like E & F otherwise, he would be deprived of his legitime resulting in unfairness.
Q. X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.
a. C is correct because the law requires that the holographic will must be completely dated;
b. C is not correct because there is substantial compliance with the requirement of the law.
c. C is correct because the incomplete date affects the integrity of the will.
d. C is correct because the complete date protects the will from commission of fraud and trickery.
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?
a. X is correct because he is an heir in the direct line, hence, entitled to his legitime.
b. X is not correct because the donation is an advance inheritance.
c. X is correct because donation being irrevocable is not collationable.
d. X is correct, otherwise, it would be unfair to him being an heir of A.
Q. A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?
a. The will is invalidated;
b. The will is valid and effective;
c. The legacy given to B’s child is not valid;
d. The will is valid and the legacy will be given to B’s child because a will is the voice of the testator even after death.
Q. A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?
a. Yes, because of the total institution of the descendants;
b. Yes, because failure to state the ground for the non-institution of the descendants;
c. No, because B, C and D shall inherit from the estate of A by the rules of intestacy;
d. No, because B, C and D are deemed institute
Q. A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need for the will to be probated?
a. No more, because it would be an exercise in futility as no one will inherit on the basis of the will;
b. Yes, because without the will being admitted to probate the disinheritance shall be ineffective;
c. Yes, because a will shall not pass any right to the heirs unless it is admitted to probate;
d. Both B and C.
Q. When does the right of representation take place?
a. In the direct descending line;
b. If there is an adopted child;
c. In the ascending line;
d. Even in the collateral line.
Q. In fideicommissary substitution when will there be transmission of rights to the second heir?
a. Upon the death of the testator;
b. Upon the death of the first heir;
c. Upon the death of the last relative of the testator;
d. Upon the execution of the will by the second heir.
Q. At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?
a. Grant it because A was of sound mind at the time of death;
b. Grant it because the subsequent capacity cured the defect of the void will;
c. Deny probate because the will is void ab initio;
d. Grant it since the will is extrinsically valid and complete
Q. What do you call the act of a testator of designating a person to take the estate in case of default of the instituted heir?
a. Substitution
b. Representation
c. Institution
d. Accretion
Q. In which of the following is the right of representation inapplicable?
a. In case of predecease of an heir;
b. In case of repudiation by an heir;
c. In case of incapacity of an heir;
d. In case of a valid disinheritance of an heir.
Q. When is the capacity of the testator considered?
a. At the time of the probate of the will;
b. At the time of the death of the testator;
c. At the time of the execution of the will;
d. At the time of the allowance of the will.
Q. A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?
a. Deny probate because the will is void as he did not understand the language;
b. Deny because he could not have written in a language he did not understand;
c. Grant probate provided that it was explained to him in a language understood by him;
d. Deny because of the possibility of frau
Q. A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?
a. Yes, because they are compulsory heirs;
b. No, because they are not compulsory heirs entitled to a legitimate;
c. Yes, because while the donor can donate his properties, he must leave something to his relatives;
d. Yes, because of the close family ties of Filipinos.
Q. A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?
a. The brothers and sisters and the cousin will inherit in equal shares;
b. The brothers and sisters will inherit in equal shares;
c. The cousin will get ½ of the share of each brother;
d. The cousin is not entitled to any share not being a collateral relative who is entitled under the law of intestate succession.