Beruflich Dokumente
Kultur Dokumente
ISSUE: Whether or not the holographic will should be allowed despite the fact that when it was
executed the civil code proscribes the execution of such wills.
RULING:
The Supreme Court held that despite the effectivity of the new Civil Code allowing the execution
of holographic wills, the contested holographic will still cannot be allowed and admitted to
probate. This is because under Art. 795 of the Civil Code, the extrinsic validity of a will should
be judged not by the law existing at the time of the testator’s death nor the law at the time of its
probate, but by the law existing at the time of the execution of the instrument. For the very
simple reason that although the will becomes operative only after the testator’s death, still his
wishes are given expression at the time of execution.