What is the effect of preterition ? (1%)
(A) It annuls the devise and legacy
(B) It annuls the institution of heir
(C) It reduces the devise and legacy
(D) It partially annuls the institution of heir
Suggested answer only. Not an official answer and not legal advice.
(B) The effect of preterition is that it annuls the institution of heir.
Under Article 854 of the Civil Code, the preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir. However, devises and legacies shall remain valid insofar as they are not inofficious.
Applying this rule, preterition results in the total nullification of the institution of heirs, while devises and legacies are preserved to the extent that they do not impair the legitime of compulsory heirs.
Therefore, the correct answer is (B), as preterition annuls the institution of heir.
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 854 of the Civil Code, what is the primary legal effect of the preterition of a compulsory heir in the direct line?
Article 854 explicitly mandates that preterition of a compulsory heir in the direct line annuls the institution of heir.
Which of the following heirs can be preterited within the meaning of Article 854 of the Civil Code?
Preterition under Article 854 applies exclusively to compulsory heirs in the direct line.
What happens to devises and legacies contained in a will when preterition of a compulsory heir occurs?
Under Article 854, devises and legacies remain valid to the extent that they do not impair the legitimes of compulsory heirs.
For preterition to exist under Philippine succession law, what must be the nature of the omission of the compulsory heir?
Preterition requires complete omission of the compulsory heir from any share in the inheritance.
If a testator completely omits a legitimate child in his will without executing a valid disinheritance, what legal rules govern the distribution of the estate?
Annulment of the institution of heir due to preterition opens the estate to intestate succession.
Learn more about these topics
1. Preterition Concept
Under Article 854 of the Civil Code, preterition is the total omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator. For preterition to occur, the compulsory heir must be completely omitted from the inheritance, receiving nothing by way of testamentary disposition, institution of heir, donation inter vivos, or intestate succession.
2. Annulment of Institution
The primary legal effect of preterition under Article 854 is the total annulment of the institution of heirs designated in the will. Upon annulment, the testamentary dispositions instituting voluntary heirs are rendered completely void. Consequently, the estate of the deceased passes by intestate succession to the legal heirs, as if no institution of heirs had been made in the will.
3. Devises and Legacies
Unlike the institution of heirs, devises and legacies given in a will are not automatically annulled by preterition. Under Article 854, devises and legacies remain valid and effective insofar as they are not inofficious. They will only be reduced or set aside if their fulfillment impairs the compulsory legitimes of the preterited compulsory heirs in the direct line.