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1. Who is an heir? Public policy requires it.

Right of a person to dispose property may be


An heir is a person called to the succession either by the provisions of a rendered nugatory. It is also to protect the testator’s wishes, which are
will or by operation of law. entitled to respect as a consequence of the decedent’s ownership and
right of disposition within legal limits.
2. Who is a devisee?
A devisee is a person to whom gifts of real property are given by virtue 11. The testator during his lifetime filed a petition for the probate of
of a will. his own will but one of the additional requirements is publication
in newspaper of general circulation. If it is the testator who files
3. Who is a legatee? the petition for probate, how many times should petitioner have it
A legatee is a person to whom gifts of personal property are given by published in newspaper of general circulation?
virtue of a will. No need to be published if the testator filed for probate. The
compulsory heirs need to be notified.
4. Who may file a petition for probate of a will?
a. Executor; 12. You were consulted by heirs of testator. Contents of petition?
b. Devisee or legatee named in the will; a. Jurisdictional Facts;
c. Person interested in the estate; b. The names, ages, and residences of the heirs, legatees, and
d. Testator himself during his lifetime; devisees of the testator or decedent;
e. Any creditor as preparatory step for the filing of his claim c. The probable value and character of the property of the estate;
d. The name of the person for whom letters are prayed; and
5. The testator died in 1965, the heirs of decedent filed petition for e. The name of the person having custody of the will if it has not
the probate of his will in 1998. One of the grounds relied upon by been delivered to the court.
the oppositors is that it has been more than 30 years has lapsed
from time of death of decedent. Therefore, the right of heirs to file 13. What could be the reason why there is a need for the publication?
an action has already elapsed. Rule.
The oppositors are not correct. The right to file an action is
imprescriptible. 14. What are the jurisdictional facts?
a. Death of the testator; and
6. Can a testator file a petition for a probate of his will during his b. His residence at the time of death or the province where estate
lifetime? was left by the decedent who is a non-resident.
Yes.
15. "The residents at the time of decedent's death or where the
7. How do you call that? property is located" have to allege both?
Ante Mortem Probate Yes. The law provides “and” and not “or.”

8. Assuming during the pendency of the probate of his will, he died. 16. If will is unavailable it can no longer be probated?
Can the heirs file a new petition for the probate of his will? No.
No. Executor proceeds.
17. Who are entitled to notices?
9. No person was named as an executor in the will? a. Designated or known heirs, legatees, and devisees, residing in
Court appoints administrator the Philippines; and
b. Executor and co-executor if not the petitioner, if their places of
10. It is said that the will has to be probated. Why is it mandatory? residence be known; or
c. Compulsory heirs, if testator asks for allowance of his own will.

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Within 20 days after he knows of the death of testator, he must deliver
the will to the court having jurisdiction, or the the executor named in
18. What about unknown heirs? You said known heirs? Still covered? the will.
No. The court’s obligation to send notice attaches only when the heirs
are known and their residence are known. 28. A is Grandfather. B is the son. Son has illegitimate child, C. Can C
inherit from A?
19. How is notice made?
a. If by mail – at least 20 days before hearing if the places or
residence are known; or 29. Can the biological parent inherit from his son who has been
b. If through personal service – at least 10 days before hearing. adopted by another parent?

20. Unknown heirs can only take part in proceedings after judgment
has already been rendered? 30. Can A inherit from B?

21. Wait pa sila 2 yrs to claim?!


31. What are the requirements for a holographic will?
22. What if there are illegitimate children. Are they compulsory heirs? a. It must be entirely written, dated, and signed by the hand of
Yes, they are compulsory heirs. the testator himself;
b. It is subject to no other form;
23. What if illegitimate children are unknown? How is notice given to c. May me made in and out of the Philippines, and need not be
them? witnessed.

24. Who are compulsory heirs under the Civil Code? 32. Main issue to be resolved by probate court?
Under Art. 887 of the NCC: Extrinsic validity
a. Legitimate children and descendants, with respect to their
legitimate parents and ascendants; 33. What would extrinsic validity be?
b. In default of the foregoing, legitimate parents and ascendants, a. Legal formalities;
with respect to their legitimate children and descendants; b. Testamentary capacity; and
c. The widow or widower; c. Due execution
d. Acknowledged natural children, and natural children by legal
fiction; 34. Formal requisites of holographic will?
e. Other illegitimate children referred to in Art. 287. a. It must be entirely written, dated, and signed by the hand of
the testator himself;
25. The son of my yaya, is he a compulsory heir? b. Executed in a language or dialect known to him.
No.
35. When is it holographic or notarial?
26. My cousin is a compulsory heir?
No. 36. How will an oppositor oppose probate of the will?
Contestant must:
27. What is the duty of the custodian of the will? a. State in writing his grounds for opposing the allowance of the
The custodian must keep the contents of the will inviolate, and must
will; and
not reveal its contents to anyone.
b. Serve a copy thereof to petitioner and other interested parties.

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42. Assuming A executed a notarial will, he asked his friends B and C
37. Earlier we said that a testator may file a petition for probate of his to sign and act as witnesses and then his friend is D, a lawyer and
own will during his lifetime. Can you do it after his lifetime? notary public. He acted as NP. Was formalities of the law complied
Yes, as a general rule, the petition for probate is filed after the testator’s with?
death. No.

38. Either testator during his lifetime or the heirs, devisees, legatees 43. When we talk about intrinsic validity of a will. What are we talking
or any person interested in the estate may initiate the probate of a about here?
will. Are there any other persons other than those mentioned? It is the legality of the dispositions stipulated by the testator.
Interested parties such as:
a. Heir – one who would be benefited by the estate 44. Do you agree with me that probate is one thing and the validity of
b. Creditor – one who has a claim against the estate the testamentary provisions is another? Yes. Why?

39. What are the requirements in order that a notarial will may be
considered to have been executed in accordance with the 45. What is probate?
provision of the law? Requisites? The act of proving in a court a document purporting to be the last will
a. The will must be in writing; and testament of a deceased person in order that it may be officially
b. It must be in a language or dialect known to the testator; recognized, registered, and its provisions carried out insofar as they are
c. It must be subscribed at the end thereof by the testator himself in accordance with the law.
or by the testator’s name written by some other person in his
presence and by his express direction; 46. When we talk about probate, what does the court decide on?
d. It must be attested and subscribed by 3 or more credible It is only the determination of extrinsic validity.
witnesses in the presence of the testator and of one another;
e. The testator or the person requested by him to write his name 47. When we talk about validity of testamentary provisions what is it?
and the instrumental witnesses of the will, shall also sign each
and every page thereof, except the last, on the left margin.
f. All the pages of the will shall be numbered correlatively in 48. Let us assume that there was an extrajudicial settlement of the
letters placed on the upper part of each page; estate of a deceased person and one of the heirs is a minor. And he
g. The will must contain an attestation clause; and wasn't able to receive any part of the estate of the deceased. What
h. The will must be acknowledged before a notary public by the remedy is available to the minor children?
testator and witnesses.

40. How many witnesses are required? Credible only? 49. What if one of the heirs is insane at the time of the distribution of
3 or more credible witnesses. the estate. Remedy of insane heir?

41. Can a minor child be a witness to a notarial will? If minor child has
doctorate degree? 50. How will the court know that there are no debts?
No. The requirements under Art. 820 of the NCC are as follows:
a. Sound mind;
b. 18 years of age or more; 51. What if the one claiming from the estate of deceased is
c. Not blind, deaf or dumb; and minor/insane? Within what period of time can such
d. Able to read and write insane/mentally incapacitated person make a time?

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59. Is the list exclusive?
52. Why is estoppel not applicable in probate proceedings? Yes

60. What are the issues to be resolved in order that a holographic will
53. What if will was written in a tissue paper? may be allowed for probate?

54. What if instead of signature, only thumb mark was placed on the 61. Assuming that prior to the death of the testator, the testator sold a
paper? Intention is manifested parcel of his land. During probate of will, land was included as part
of the estate. Can will be disallowed? Or buyer has authority to
oppose probate of the will?
55. What if there was an audio the deceased wouldn't want to put it in
writing but had video taken "this is my last will and testament"?
62. Who can oppose probate of a will?

56. Assuming that the testator used his foot to write the will? Is that
allowed? Footwritten? 63. Who are persons interested in the outcome?

57. What are the requirements for the allowance of a lost or destroyed 64. Purpose of complying with the formalities/ solemnities of the
notarial will? execution of the will?
Under Section 6: Avoid fraud
a. That the will has been duly executed by the testator;
b. That the will was in existence when the testator died, or if it 65. What are the evidence required in order to allow a contested
notarial will?
was not, that it has been fraudulently or accidentally destroyed
a. All the 3 subscribing/attesting witnesses
in the lifetime of the testator without his knowledge; and b. Notary public
c. The provisions of the will are clearly established by at least 2
credible witnesses. 66. Who among the witnesses will be the best witness to prove due
execution of the will?
58. Grounds for disallowing a will? Subscribing witnesses
a. If not executed and attested as required by law;
b. If the testator was insane, or otherwise mentally incapable to 67. Assuming one of the subscribing witnesses failed to sign the will.
make a will, at the time of its execution; Will that be a ground for disallowance of will?
c. If it was executed under duress, or the influence of fear, or No.
threats;
d. If it was procured by undue and improper pressure and 68. If ALL of the subscribing witnesses testified against the due
influence, on the part of the beneficiary, or of some other execution of the will, how could petitioner prove due execution?
person for his benefit; or Present other witnesses
e. If the signature of the testator was procured by fraud or trick,
and he did not intend that the instrument should be his will at 69. If holographic will and contested, what evidence is required?
the time of fixing his signature thereto.

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At least 3 witnesses who know the handwriting of testator. In the 76. If the lawyer acted as notary public and witness. Why not comply?
absence thereof and if the court deems it necessary, testimony of an Law requires 3 witnesses subscribe. If NP becomes SW there will only
expert witness may be resorted to. be 2 witnesses, in effect he will be acknowledging his own act.

70. Who is the best person to testify with the due execution of the 77. How will a person contest a will?
holographic will? By filing an opposition it should be in writing...stating grounds...

71. Assuming they cannot find handwriting expert, what evidence 78. If a will was probated outside the Philippines. Can that be
should be presented? admitted in the Philippines? Yes. How?
At least 3 witnesses who know the handwriting of testator. In the A will of a foreigner executed abroad can be probated in the Philippines
absence thereof and if the court deems it necessary, testimony of an without need of being probated abroad.
expert witness may be resorted to. *Reprobate (special proceeding to establish the validity of a will proved
in a foreign country).
72. Assuming subscribing witnesses in a notarial will is already
dead/insane. How is this? 79. Two types of estate proceedings: domiciliary and ancillary.
Under Section 8, the court may admit testimony of other witnesses to Ancillary proceeding?
prove the sanity of the testator, and the due execution of the will, and as Proceeding filed where the estate of the deceased is located.
evidence of the execution of the will, it may admit proof of the
handwriting of the testator and of the subscribing witnesses or of any 80. Domiciliary?
of them. Property of the deceased is located in the Philippines.

73. If will is uncontested what evidence is required to allow a notarial 81. Which court has jurisdiction in the probate of a will?
will? Holographic? Probate court
In notarial will, the testimony of 1 of the subscribing witnesses only, if
such witness testifies that the will was executed as is required by law. 82. Requisites of evidence necessary for reprobate of a will. Prove
In holographic will, at least 1 witness who knows the handwriting and there is a law allowing probate of a will
signature of the testator explicitly declares that the will and the *In order that a will which has already been probated in Germany --
signature are in the handwriting of the testator. reprobate here. In same manner that you learned in civil procedure that
a foreign judgment will not be accepted here. There must be a
74. Assuming it is the testator himself who filed petition for probate of recognition of the execution of foreign judgment
his will, it is uncontested. Evidence required? a. The due execution of the will in accordance with the foreign
Under Section 12, the fact that the testator affirms that the holographic laws;
will and the signature are his own handwriting shall be sufficient b. The testator has his domicile in the foreign country and not in
evidence of the genuineness and due execution. In case of contest, the the Philippines;
burden of proof is on the contestant. c. The will has been admitted to probate in such country;
d. The fact that the foreign tribunal is a probate court; and
75. Proof required when a notarial will is lost or destroyed? e. The laws of a foreign country on procedure and allowance of
a. duly executed a will wills.
b. will lost/destroyed during lifetime
c. established the will was inexistent at the time of the death of 83. Assuming you cannot produce evidence. What will you do?
testator *Renvoir doctrine
d. at least 2 subscribing witness

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84. If there is no law what will the court do?

85. What should be filed?


Petition for allowance accompanied with:
a. Authenticated copy of the will; and
b. Authenticated decree of the allowance thereof.

86. How is foreign judgment recognized? Same with requisites of


reprobate of a will

87. Doctrine if you cannot prove foreign law?


Doctrine of Processual Presumption

88. Assuming will is allowed for reprobate here. Give me one effect.
The will which has been probated in a foreign country shall…
a. The will shall be treated as if originally proved and allowed in
Philippine courts;
b. Letters testamentary or administration with a will annexed
shall extend to all estates in the Philippines; and
c. After payment of just debts and expenses of administration, the
residue of the estate shall be disposed of as provided by law in
cases of estates in the Philippines belonging to persons who
are inhabitants of another state.

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