Q.

A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?

A. The will is valid because it is A’s prerogative as to the persons whom he wishes to institute because a will is an act whereby a person is given the right to control to a certain degree the disposition of his estate to take effect after his death.
B. The will is valid because the wife is not an heir in direct line, hence there is no preterition.
C. The will is void because the wife is a compulsory heir of A.
D. The will is valid, anyway, the wife has a share in the conjugal partnership.
Answer» B. The will is valid because the wife is not an heir in direct line, hence there is no preterition.
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