Escolar Documentos
Profissional Documentos
Cultura Documentos
Why did the law limit the disqualifi cation of prior conviction
only to three specifi c offenses? Why not disqualify
a convict guilty of an offense involving moral
turpitude?
What is the effect if the prior conviction or any disqualifi
cation was concealed from the testator?
Why do you think the prohibition extends to the
spouse of the witness, parent of the witness; child of
the witness; any person claiming against the witness,
his spouse, parent or child?
Can the 4th witness (the one who is also a benefi ciary
in the will) still testify at the same time receive his/her
bequest under the will?
What is the signifi cance of requiring the existence of
the document at the time of the execution of the will?
Can the testator declare that he will still prepare such
document at the same time have it incorporated by
reference?
If the testator himself had his own will admitted to
probate during his lifetime, can he still revoke the same?
What is the difference between a fi duciary-fi deicommissary
relationship with a trustor-trustee relationship?
FIDEICOMMISSARY (Bar 2008): Raymond, single,
named his sister Ruffa in his will as a devisee of a parcel
of land which he owned. The will imposed upon Ruffa
the obligation of preserving the land and transferring
it, upon her death, to her illegitimate daughter Scarlet
who was then only one year old. Raymond later died,
leaving behind his widowed mother, Ruffa and Scarlet.
a) Is the condition imposed upon Ruffa to preserve
the property and to transmit it upon her death to
Scarlet, valid? (1%) b) If Scarlet predeceases Ruffa,
who inherits the property? (2%) c) If Ruffa predeceases
Raymond, can Scarlet inherit the property directly
from Raymond? (2%)