Q.

A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.

A. X shall inherit as A left no legitimate child;
B. X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC)
C. X and C can inherit together but C will inherit like an illegitimate chil
D. (Art. 343, NCC) – It has been deleted by the Family Code.)
Answer» B. X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC)
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