Q.

Of the enumeration below, which is not a limitation of fideicommissary substitution?

A. The substitution must not go beyond one degree from the heir originally instituted (Art. 863, NCC);
B. The fiduciary and the fideicommissary must be living at the time of the death of the testator (Art. 863);
C. The substitution can burden the legitime (Art. 864);
D. The substitution must be made expressly (Art. 865).
Answer» D. The substitution must be made expressly (Art. 865).
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