Civil Law, 2022 Bar — Question I-4-b

ESSAY

In 2013, Agaton, then 70 years old, executed a will wherein he bequeathed his entire estate to his acknowledged illegitimate son Karl. Agaton entrusted the original copy of the 2013 will to Karl. In 2014, Karl joined a group of mercenaries to fight in Crimea alongside the Russians. After Russia's annexation of Crimea, Karl did not return to the Philippines and was never heard of. Five years later, in 2019, Agaton executed a codicil which provided the following: "Because of the death of Karl, I revoke my 2013 will. I hereby recognize Gian as my other illegitimate son and hereby bequeath to him my entire estate." Agaton died in 2020. During the probate of Agaton's 2019 codicil, Karl appeared in court, presented the 2013 will, contested the validity of its revocation, opposed the probate of the 2019 codicil, and sought the probate of the 2013 will. Both the 2013 will and 2019 codicil were immaculate as to form. (b) Distribute the estate of Agaton. Explain briefly. (5 points)

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