True 10.False – the legitime is based on value of the estate, not on the form of the estate.. 11.False – they are voluntary heirs.. False – if part of inheritance is through the written
Trang 1Problem 2-1
1 True
2 False – first P100,000 of net gift is exempt
3 False – subject to business tax
4 False – gratuitous
5 False – an income earned
6 False – upon right to transfer
7 True
8 False – upon death
9 True
10.False – the legitime is based on value of the estate, not on the form of the estate 11.False – they are voluntary heirs
12.True
13.False – fixed by law
14.False – executor
Problem 2-2
1 False – relatives up to the 5th degree
2 True
3 False – the relative is the legitimate heir
4 False – if part of inheritance is through the written will
5 False – if the transfer is testamentary
6 False – one for the legitimate child and half for the illegitimate child
7 True
8 True
9 False – equal rights
10.True
11.False
12.True
Problem 2-3 Problem 2-4 Problem 2-5
1 A
2 C
3 A
4 A
5 C
6 C
7 C
8 D
9 A
10.D
1 C
2 A
3 A
4 C
5 D
6 B
7 B
8 B
9 D 10.B
1 B
2 C
3 D
4 A
5 B
6 A
7 C
8 A
9 C 10.A
Trang 2Problem 2-6
1 C
2 C
House and lot as donation, net of mortgage (P2,000,000 – 1,900,000) P 100,000
Problem 2-7
1 A
2 C
Problem 2-8 C
Net value of property left by the decedent (P5,000,000 –
P1,000,000)
P 4,000,000
Transfers in contemplation of death 2,000,000
Problem 2-9 C
Legitime of children (P5,000,000 x ½) ( 2,500,000)
Portion for the surviving spouse (P5,000,000 x ¼) ( 1,250,000)
Free portion – may be distributed to strangers P1,250,000
Note: The distribution is testamentary because there is a devise or legacy
Problem 2-10 B
Inheritance of the spouse (P5,000,000/5) P1,000,000
Problem 2-11 A
Legitime of children (P3,000,000 x ½) ( 1,500,000)
Portion for the spouse (P1,500,000/4) ( 375,000)
Trang 3Portion for the illegitimate child (P3,000,000 x 1/3) (1,000,000)
Problem 2-13
Hereditary estate, net of charges (P7,000,000 – P1,000,000) P 6,000,000
Legitime of legitimate children (P6,000,000 x ½) ( 3,000,000)
Portion for the acknowledge natural child (P3,000,000/3) x 50% ( 500,000)
Portion for the surviving spouse (P3,000,000/3) ( 1,000,000)
Free portion – could be disposed of as legacy to the nanny P 1,500,000
Problem 2-14
Inheritance of each child (P5,000,000/5) P 1,000,000
Problem 2-15
Estate tax 100,000 500,000
Problem 2-16
Legitimate child – Mario (P1,200,000 x ½) P 600,000
Illegitimate child – Maria (P600,000 x ½) 300,000
Surviving spouse (P600,000 x ½) 300,000
P1,200,000
Problem 2-17
With respect to legitime: Son Wife Legitimate child (P4,200,000 – P200,000) x 50% P2,000,000
Surviving spouse (P2,000,000 x ½) P1,000,000
Remaining balance (divide based on the intention of
the will)
Legitimate child (P1,000,000 x ½) 500,000
Surviving spouse (P1,000,000 x ½) 500,000
P2,500,000 P1,500,000
Trang 4Problem 2-18
Gross estate
Less: Deduction
Net estate before share of the surviving spouse
Less: Share of the surviving spouse (P1,000,000 x 50%)
Net estate before estate tax
Less: Estate tax
Net distributable estate
P2,000,000
1,000,000 P1,000,000
500,000
P 500,000 15,000
P 485,000 Dorado
(child) (child)Maya (husband)Jess Total
Distribution of inheritance P161,667 P161,667 P161,667 P485,000
Death of Jess
Exclusive share when Sabel died
Add: Share from distributable share
Distributable estate
P 500,000
161,667
P 661,667 Dorado
(child)
Maya (child)
Free Portion
Total
Distribution of inheritance P165,417 P165,417 P333,883 P 661,667
Problem 2-19
Gross taxable value for:
Problem 2-20
Gross estate
Less: Deductions
Net estate before estate tax
Less: Estate tax
Net distributable estate
P3,000,000
1,000,000 P2,000,000
135,000 P1,865,000
Trang 5Tito (legitimate son) (illegi’te son)Vic Total
Distribution of inheritance P1,243,333 P621,667 P1,865,000
Problem 2-21
1 Gross estate (P500,000 + P250,000 + P1,000,000 + 100,000) P1,850,000
2 Inheritance of Tim (P500,000 x ½) P 250,000
Problem 2-22
1 Testamentary
Legitime:
Legitimate son – Peter (P35,000,000 x 50%) x ½ P8,750,000
Legally adopted son – Petros (P35,000,000 x 50%) x ½ 8,750,000
Surviving spouse (P8,750,000 x ½) 4,375,000
Free portion – that may be given to other relatives 8,375,000
P35,000,000
2 Intestate Succession
Legitimate son – Peter (P35,000,000/3.5) 1 P10,000,000
Legally adopted son – Petros (P35,000,000 x 3.5) 1 10,000,000
Surviving spouse (P35,000,000 x 3.5) 1 10,000,000
Illegitimate son – Rocky (P35,000,000 x 3.5) x ½ 1/2 5,000,000
P35,000,000
Problem 2-23
Legitimate child 1
Legitimate child 2
Surviving spouse
Illegitimate child
Total
Amount of
inheritance
P2,857,143 P2,857,143 P2,857,143 P1,428,571 P10,000,000
Note: The last will and testament is void because the presence of legitimate child
eliminates the parents from the inheritance In all cases, the legitime must not be
impaired by the disposition through will
Trang 6Problem 2-24
1 Computation of net distributable share
Total gross estate (P10,000,000 + P20,000,000 +
P30,000,000)
Less: Ordinary deductions
Net estate before share of surviving spouse
Less: Share of surviving spouse (P57,500,000 x 50%)
Net estate before estate tax
Less: Estate tax (P28,750,000 x 15%)
Net distributable estate
P60,000,000
2,500,000 P57,500,000
28,750,000 P28,750,000
4,312,500 P24,437,500
2 Computation of the shares of the heirs
Share of legitimate son (P24,437,500 x ½)
Share of surviving spouse (P24,437,500 x ½)
P12,218,750 P12,218,750
Note: His mother and brother, as secondary heirs, are disqualified to share from the
portion of the legitime due to the presence of a legitimate child Hence, the will becomes void
Problem 2-25
1 Computation of net distributable estate:
Gross estate (P4,000,000 + P1,000,000 + P200,000 + P5,000,000 + P3,000,000) P13,200,000
Less: Ordinary deductions:
Funeral expense
Unpaid mortgage
Allowable deduction – Stan’d deduction
Net taxable estate
Less: Estate tax (P11,900,000 x 15%)
Net estate after tax
Add: Standard deduction
Net distributable estate
P 100,000
200,000 P 300,000
1,000,000 1,300,000
P11,900,000
1,785,000 P10,115,000
1,000,000 P11,115,000
2 Distribution of net distributable estate:
Christopher (son)
Cristeta (daughter)
Crisistomo (driver) Total Testate succession
Intestate succession
Mixed succession
P4,000,000
2,957,500 P6,957,500
P1,000,000
2,957,500 P3,957,500
P 200,000
P 200,000
P 5,200,000
5,915,000
P 11,115,000