2014 Civil Law, Q5

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

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?

Which of the following heirs can be preterited within the meaning of Article 854 of the Civil Code?

What happens to devises and legacies contained in a will when preterition of a compulsory heir occurs?

For preterition to exist under Philippine succession law, what must be the nature of the omission of the compulsory heir?

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?

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.

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