Beth executed a will where she gave a condominium unit to her ward Eman, subject to the condition that Eman shall be entitled to the inheritance only upon the death of Beth’s father, and that in the meantime, her father shall have a lifetime usufruct over the condominium unit. Beth died two months after the execution of her will. She was survived by her father, her sister Linda, and Eman. Two years after the death of Beth, Eman died and is survived by his daughter Claire. Three years after the death of Eman, the father of Beth died, survived by Linda. Who shall inherit the condominium unit? Explain.
Suggested answer only. Not an official answer and not legal advice.
Claire shall inherit the condominium unit. Under Article 777 of the Civil Code, successional rights are transmitted from the moment of the decedent's death. Under Article 878, a disposition with a suspensive term does not prevent the
Unlock the full Civil Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 878 of the Civil Code, what is the legal effect of a testamentary disposition subject to a suspensive term upon the death of the testator?
Under Article 878 of the Civil Code, a disposition with a suspensive term does not prevent the devisee from acquiring a vested right upon the testator's death and transmitting it to his heirs.
When are successional rights transmitted to the heirs under Article 777 of the Civil Code?
Under Article 777 of the Civil Code, successional rights are transmitted to the heirs from the exact moment of the decedent's death.
What happens to a lifetime usufruct established over a property upon the death of the usufructuary under Article 603 of the Civil Code?
Under Article 603 of the Civil Code, a usufruct is extinguished by the death of the usufructuary, thereby consolidating full ownership in the naked owner.
Why was Claire entitled to full ownership of the condominium unit upon the death of Beth's father?
Choices available with full access.
If an instituted devisee under a suspensive term dies after the testator but before the arrival of the term, what happens to his right over the property?
Choices available with full access.
Learn more about these topics
1. Transmission of Rights
Under Article 777 of the Civil Code, successional rights are transmitted to heirs from the moment of the decedent's death. Upon the opening of succession, ownership over transmissible estate assets immediately vests in the designated heirs, devisees, or legatees. Because delivery is not required for ownership to transfer, the successor acquires a present, transmissible right upon the testator's death. Any right validly acquired by a successor upon the decedent's demise forms part of his own estate and passes to his heirs upon his subsequent death.
2. Suspensive Term
Under Article 878 of the Civil Code, a testamentary disposition subject to a suspensive term does not prevent the instituted devisee from acquiring a vested right upon the testator's death. Although enjoyment of the bequest is postponed until the arrival of the term, the successional right attaches immediately upon the opening of succession. Consequently, if the instituted devisee dies after the testator but before the term arrives, his vested right is transmitted to his own legal heirs.
3. Extinguishment of Usufruct
Under Article 603 of the Civil Code, a usufruct is extinguished by the death of the usufructuary, unless a contrary intention clearly appears. Usufruct grants the right to enjoy another's property while naked ownership remains with the designated devisee. Upon the usufructuary's death, the temporary encumbrance terminates automatically by operation of law. Beneficial ownership then merges with naked ownership, consolidating full title in the naked owner or his successors-in-interest.