IV.

Dilemma 5: Last Will and Testament and Succesional Rights

On April 2005, four years after the plane crash, probate
proceedings for Manuel’s will were initiated. In the will, Manuel left
P100, 000 to Cora, and the rest of all his properties to Wendy and Ben
equally (see Appendix H, Will of Manuel Soriano). Louis, entrusted with
the will, knew that if the will was to be followed, it would be unfair to
Wendy, since Ben was really Manuel’s illegitimate child. Louis advices
Wendy to contest the will. He adds, however that if she contests the will,
she has to tell the whole world that Ben is not her biological child.
Wendy does not want to give Ben up to his biological mother, since she
(Wendy) has learned to love him. However, she is adamant about not
giving Cora the P500, 000.
For Class Discussion – Faculty Guide
a. Should Wendy contest the will?
I. See Appendix H, Will of Manuel Soriano
II. Consider the following:
i. Civil Code, Article 892, 894, 897
b. Louie reminds Wendy that in all their years of friendship, she and
Manuel have gone to him for their legal problems but not once
did he charge them a fee. Due to the time involved in litigating
this case (as to not giving Cora the P500, 000), he accepts the
case but demands from Wendy payment of P150, 000, his
standard fee. Wendy refuses. Can Louis withdraw from the case?
I. Consider the following:
a. Code of Professional Responsibility,
Canons 22, 22.01, 20.04, 14.04
b. Santiago vs. Fojas, 248 SCRA 68