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Preterition Problem

A had 3 children: X, Y, and Z. His will left 1/3 of his P600,000 estate to X, 1/12 to Z, and 1/2 to B. Each child is entitled to a legitime of P100,000. Per the will, X receives P200,000, Z receives P50,000, and B receives P300,000, totaling P550,000. The remaining P50,000 could cover Y's P50,000 impairment. Therefore, Y is not preterited as his legitime is only impaired. Z's legitime is also impaired. To satisfy both Y and Z's legitimes, proportional deductions must be taken from X and

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Marc Jefferson Yu
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101 views3 pages

Preterition Problem

A had 3 children: X, Y, and Z. His will left 1/3 of his P600,000 estate to X, 1/12 to Z, and 1/2 to B. Each child is entitled to a legitime of P100,000. Per the will, X receives P200,000, Z receives P50,000, and B receives P300,000, totaling P550,000. The remaining P50,000 could cover Y's P50,000 impairment. Therefore, Y is not preterited as his legitime is only impaired. Z's legitime is also impaired. To satisfy both Y and Z's legitimes, proportional deductions must be taken from X and

Uploaded by

Marc Jefferson Yu
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© © All Rights Reserved
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SUCCESSION 11/4/21

10/29/21

A has 3 children, X,Y and Z. His will


states:

"I give X - 1/3 of my estate; Z - 1/12 of my


PRETERITION estate; and B -1/2."
PROBLEM
The estate is worth P600,000.00

Is Y preterited? NO.

10/29/21

PRETERITION PROBLEM

The three children of A are


entitled to their legitimes as Children Legitime
follows: (1/2 of P600,000)
X 100,000
Y 100,000
Z 100,000
Total 300,000
Legitimes

by: Judge Karla Funtila-Abugan 1


SUCCESSION 11/4/21

Heirs per Will of A Shares


PRETERITION X 200,000

PROBLEM Z
B
50,000
300,000
PER WILL OF A, HE GAVE THE Total Distribution of 550,000
FOLLOWING SHARES TO THESE the Estate
HEIRS:

10/29/21

10/29/21

PRETERITION PROBLEM

• Thus, there remains an


Heirs of A Shares from the Legitimes per Impairment undistributed portion of
Estate of A per his Law
Will the estate amounting to
P50,000.00 (P600,000-
X 200,000 100,000 100,000 550,000) which may cover
Y 50,000 100,000 (50,000)
Y’s legitime. It, therefore,
Z 50,000 100,000 (50,000)
B 300,000 300,000 appears that Y’s legitime is
Total 600,000 merely impaired and he is
Distribution of
the Estate not totally omitted from
the estate of A, to wit:

by: Judge Karla Funtila-Abugan 2


SUCCESSION 11/4/21

10/29/21

PRETERITION PROBLEM

• It also shows that Z’s legitime is impaired if the distribution of A’s estate
will be followed. Hence, proportionate deductions should be made on
the shares of the other heirs (X and B) so that the legitimes of Y and Z
will be completed, to wit:

Heirs of A Shares Legitimes Impairmen Proportiona Final Shares


from the per Law t te
Estate of A Deductions
per his Will
X 200,000 100,000 (25,000) 175,000
Y 50,000 100,000 (50,000) 100,000
Z 50,000 100,000 (50,000) 100,000
B 300,000 (75,000) 225,000
Total 600,000 (100,000) 600,000
Distribution of
the Estate

by: Judge Karla Funtila-Abugan 3

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