1. Who is an heir?
Right of a person to dispose property may be
An heir is a person called to the succession either by the provisions of a
will or by operation of law.
2. Who is a devisee?
A devisee is a person to whom gifts of real property are given by virtue
of a will.
3. Who is a legatee?
A legatee is a person to whom gifts of personal property are given by
virtue of a will.
4. Who may file a petition for probate of a will?
a. Executor;
b. Devisee or legatee named in the will;
c. Person interested in the estate;
d. Testator himself during his lifetime;
e. Any creditor as preparatory step for the filing of his claim
5. The testator died in 1965, the heirs of decedent filed petition for
the probate of his will in 1998. One of the grounds relied upon by
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
an action has already elapsed. Rule.
The oppositors are not correct. The right to file an action is
imprescriptible.
6. Can a testator file a petition for a probate of his will during his
lifetime?
Yes.
7. How do you call that?
Ante Mortem Probate
8. Assuming during the pendency of the probate of his will, he died.
Can the heirs file a new petition for the probate of his will?
No. Executor proceeds.
9. No person was named as an executor in the will?
Court appoints administrator
10. It is said that the will has to be probated. Why is it mandatory?
Public policy requires it.
rendered nugatory. It is also to protect the testator’s wishes, which are
entitled to respect as a consequence of the decedent’s ownership and
right of disposition within legal limits.
11. The testator during his lifetime filed a petition for the probate of
his own will but one of the additional requirements is publication
in newspaper of general circulation. If it is the testator who files
the petition for probate, how many times should petitioner have it
published in newspaper of general circulation?
No need to be published if the testator filed for probate. The
compulsory heirs need to be notified.
12. You were consulted by heirs of testator. Contents of petition?
a. Jurisdictional Facts;
b. The names, ages, and residences of the heirs, legatees, and
devisees of the testator or decedent;
c. The probable value and character of the property of the estate;
d. The name of the person for whom letters are prayed; and
e. The name of the person having custody of the will if it has not
been delivered to the court.
13. What could be the reason why there is a need for the publication?
14. What are the jurisdictional facts?
a. Death of the testator; and
b. His residence at the time of death or the province where estate
was left by the decedent who is a non-resident.
15. "The residents at the time of decedent's death or where the
property is located" have to allege both?
Yes. The law provides “and” and not “or.”
16. If will is unavailable it can no longer be probated?
No.
17. Who are entitled to notices?
a. Designated or known heirs, legatees, and devisees, residing in
the Philippines; and
b. Executor and co-executor if not the petitioner, if their places of
residence be known; or
c. Compulsory heirs, if testator asks for allowance of his own will.
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18. What about unknown heirs? You said known heirs? Still covered?
No. The court’s obligation to send notice attaches only when the heirs
are known and their residence are known.
19. How is notice made?
a. If by mail – at least 20 days before hearing if the places or
residence are known; or
b. If through personal service – at least 10 days before hearing.
20. Unknown heirs can only take part in proceedings after judgment
has already been rendered?
21. Wait pa sila 2 yrs to claim?!
22. What if there are illegitimate children. Are they compulsory heirs?
Yes, they are compulsory heirs.
23. What if illegitimate children are unknown? How is notice given to
them?
24. Who are compulsory heirs under the Civil Code?
Under Art. 887 of the NCC:
a. Legitimate children and descendants, with respect to their
legitimate parents and ascendants;
b. In default of the foregoing, legitimate parents and ascendants,
with respect to their legitimate children and descendants;
c. The widow or widower;
d. Acknowledged natural children, and natural children by legal
fiction;
e. Other illegitimate children referred to in Art. 287.
25. The son of my yaya, is he a compulsory heir?
No.
26. My cousin is a compulsory heir?
No.
27. What is the duty of the custodian of the will?
The custodian must keep the contents of the will inviolate, and must
not reveal its contents to anyone.
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
the will.
28. A is Grandfather. B is the son. Son has illegitimate child, C. Can C
inherit from A?
29. Can the biological parent inherit from his son who has been
adopted by another parent?
30. Can A inherit from B?
31. What are the requirements for a holographic will?
a. It must be entirely written, dated, and signed by the hand of
the testator himself;
b. It is subject to no other form;
c. May me made in and out of the Philippines, and need not be
witnessed.
32. Main issue to be resolved by probate court?
Extrinsic validity
33. What would extrinsic validity be?
a. Legal formalities;
b. Testamentary capacity; and
c. Due execution
34. Formal requisites of holographic will?
a. It must be entirely written, dated, and signed by the hand of
the testator himself;
b. Executed in a language or dialect known to him.
35. When is it holographic or notarial?
36. How will an oppositor oppose probate of the will?
Contestant must:
a. State in writing his grounds for opposing the allowance of the
will; and
b. Serve a copy thereof to petitioner and other interested parties.
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37. Earlier we said that a testator may file a petition for probate of his
own will during his lifetime. Can you do it after his lifetime?
Yes, as a general rule, the petition for probate is filed after the testator’s
death.
38. Either testator during his lifetime or the heirs, devisees, legatees
or any person interested in the estate may initiate the probate of a
will. Are there any other persons other than those mentioned?
Interested parties such as:
a. Heir – one who would be benefited by the estate
b. Creditor – one who has a claim against the estate
39. What are the requirements in order that a notarial will may be
considered to have been executed in accordance with the
provision of the law? Requisites?
a. The will must be in writing;
b. It must be in a language or dialect known to the testator;
c. It must be subscribed at the end thereof by the testator himself
or by the testator’s name written by some other person in his
presence and by his express direction;
d. It must be attested and subscribed by 3 or more credible
witnesses in the presence of the testator and of one another;
e. The testator or the person requested by him to write his name
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
letters placed on the upper part of each page;
g. The will must contain an attestation clause; and
h. The will must be acknowledged before a notary public by the
testator and witnesses.
40. How many witnesses are required? Credible only?
3 or more credible witnesses.
41. Can a minor child be a witness to a notarial will? If minor child has
doctorate degree?
No. The requirements under Art. 820 of the NCC are as follows:
a. Sound mind;
b. 18 years of age or more;
c. Not blind, deaf or dumb; and
d. Able to read and write
42. Assuming A executed a notarial will, he asked his friends B and C
to sign and act as witnesses and then his friend is D, a lawyer and
notary public. He acted as NP. Was formalities of the law complied
with?
No.
43. When we talk about intrinsic validity of a will. What are we talking
about here?
It is the legality of the dispositions stipulated by the testator.
44. Do you agree with me that probate is one thing and the validity of
the testamentary provisions is another? Yes. Why?
45. What is probate?
The act of proving in a court a document purporting to be the last will
and testament of a deceased person in order that it may be officially
recognized, registered, and its provisions carried out insofar as they are
in accordance with the law.
46. When we talk about probate, what does the court decide on?
It is only the determination of extrinsic validity.
47. When we talk about validity of testamentary provisions what is it?
48. Let us assume that there was an extrajudicial settlement of the
estate of a deceased person and one of the heirs is a minor. And he
wasn't able to receive any part of the estate of the deceased. What
remedy is available to the minor children?
49. What if one of the heirs is insane at the time of the distribution of
the estate. Remedy of insane heir?
50. How will the court know that there are no debts?
51. What if the one claiming from the estate of deceased is
minor/insane? Within what period of time can such
insane/mentally incapacitated person make a time?
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52. Why is estoppel not applicable in probate proceedings?
53. What if will was written in a tissue paper?
54. What if instead of signature, only thumb mark was placed on the
paper? Intention is manifested
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"?
56. Assuming that the testator used his foot to write the will? Is that
allowed? Footwritten?
57. What are the requirements for the allowance of a lost or destroyed
notarial will?
Under Section 6:
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
was not, that it has been fraudulently or accidentally destroyed
in the lifetime of the testator without his knowledge; and
c. The provisions of the will are clearly established by at least 2
credible witnesses.
58. Grounds for disallowing a will?
a. If not executed and attested as required by law;
b. If the testator was insane, or otherwise mentally incapable to
make a will, at the time of its execution;
c. If it was executed under duress, or the influence of fear, or
threats;
d. If it was procured by undue and improper pressure and
influence, on the part of the beneficiary, or of some other
person for his benefit; or
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
the time of fixing his signature thereto.
59. Is the list exclusive?
Yes
60. What are the issues to be resolved in order that a holographic will
may be allowed for probate?
61. Assuming that prior to the death of the testator, the testator sold a
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?
62. Who can oppose probate of a will?
63. Who are persons interested in the outcome?
64. Purpose of complying with the formalities/ solemnities of the
execution of the will?
Avoid fraud
65. What are the evidence required in order to allow a contested
notarial will?
a. All the 3 subscribing/attesting witnesses
b. Notary public
66. Who among the witnesses will be the best witness to prove due
execution of the will?
Subscribing witnesses
67. Assuming one of the subscribing witnesses failed to sign the will.
Will that be a ground for disallowance of will?
No.
68. If ALL of the subscribing witnesses testified against the due
execution of the will, how could petitioner prove due execution?
Present other witnesses
69. If holographic will and contested, what evidence is required?
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 At least 3 witnesses who know the handwriting of testator. In the
absence thereof and if the court deems it necessary, testimony of an
expert witness may be resorted to.
70. Who is the best person to testify with the due execution of the
holographic will?
71. Assuming they cannot find handwriting expert, what evidence
should be presented?
At least 3 witnesses who know the handwriting of testator. In the
absence thereof and if the court deems it necessary, testimony of an
expert witness may be resorted to.
72. Assuming subscribing witnesses in a notarial will is already
dead/insane. How is this?
Under Section 8, the court may admit testimony of other witnesses to
prove the sanity of the testator, and the due execution of the will, and as
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
of them.
73. If will is uncontested what evidence is required to allow a notarial
will? Holographic?
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.
In holographic will, at least 1 witness who knows the handwriting and
signature of the testator explicitly declares that the will and the
signature are in the handwriting of the testator.
74. Assuming it is the testator himself who filed petition for probate of
his will, it is uncontested. Evidence required?
Under Section 12, the fact that the testator affirms that the holographic
will and the signature are his own handwriting shall be sufficient
evidence of the genuineness and due execution. In case of contest, the
burden of proof is on the contestant.
75. Proof required when a notarial will is lost or destroyed?
a. duly executed a will
b. will lost/destroyed during lifetime
c. established the will was inexistent at the time of the death of
testator
d. at least 2 subscribing witness
76. If the lawyer acted as notary public and witness. Why not comply?
Law requires 3 witnesses subscribe. If NP becomes SW there will only
be 2 witnesses, in effect he will be acknowledging his own act.
77. How will a person contest a will?
By filing an opposition it should be in writing...stating grounds...
78. If a will was probated outside the Philippines. Can that be
admitted in the Philippines? Yes. How?
A will of a foreigner executed abroad can be probated in the Philippines
without need of being probated abroad.
*Reprobate (special proceeding to establish the validity of a will proved
in a foreign country).
79. Two types of estate proceedings: domiciliary and ancillary.
Ancillary proceeding?
Proceeding filed where the estate of the deceased is located.
80. Domiciliary?
Property of the deceased is located in the Philippines.
81. Which court has jurisdiction in the probate of a will?
Probate court
82. Requisites of evidence necessary for reprobate of a will. Prove
there is a law allowing probate of a will
*In order that a will which has already been probated in Germany --
reprobate here. In same manner that you learned in civil procedure that
a foreign judgment will not be accepted here. There must be a
recognition of the execution of foreign judgment
a. The due execution of the will in accordance with the foreign
laws;
b. The testator has his domicile in the foreign country and not in
the Philippines;
c. The will has been admitted to probate in such country;
d. The fact that the foreign tribunal is a probate court; and
e. The laws of a foreign country on procedure and allowance of
wills.
83. Assuming you cannot produce evidence. What will you do?
*Renvoir doctrine
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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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