Q.

A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?

A. Yes, because of the total institution of the descendants;
B. Yes, because failure to state the ground for the non-institution of the descendants;
C. No, because B, C and D shall inherit from the estate of A by the rules of intestacy;
D. No, because B, C and D are deemed instituted.
Answer» D. No, because B, C and D are deemed instituted.
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