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PRETERITION

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1PRETERITION Empty PRETERITION Wed Oct 01, 2008 7:56 pm

civil


Prision Mayor

CONCEPT OF PRETERITION:

1. There must be an omission of one, some or all of the heir/s in the will

2. The omission must be that of a COMPULSORY HEIR

3. Compulsory heir omitted must be of the DIRECT LINE

4. The omitted compulsory heir must be LIVING at the time of testator’s death or must at least have been CONCEIVED before the testator’s death

2PRETERITION Empty Re: PRETERITION Wed Oct 01, 2008 7:57 pm

civil


Prision Mayor

EFFECTS OF PRETERITION:

1. The institution of heir is annulled

2. Devises and legacies shall remain valid as long as they are not inofficious

3. If the omitted compulsory heir should die before the testator, the institution shall be effectual, without prejudice to the right of representation

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