RULE 75

Probate is necessary to pass on property

 Exception: Art. 1065: If the testator should make a partition of his properties by an act inter vivos, or by will, such partition
shall stand in so far as it does not prejudice the legitime of the forced heir."

Extrinsic validity

 Substantial compliance is acceptable where the purpose of the law has been satisfied; rules are never intended to destroy
testamentary privilege

When can probate court pass upon intrinsic validity

 Nuguid: The will was a complete nullity; pretention

 Saguisim: Lack of legal capacity by wife to sue
 Cayetano: Where it appears on the face of the will that there is preterition
 Remedy: Certiorari

Preterition v. Disinheritance

 Pretention "consists in the omission in the testator's will of the forced heirs or anyone of them, either because they are not
mentioned therein, or, though mentioned, they are neither instituted as heirs nor are expressly disinherited." Disinheritance,
in turn, "is a testamentary disposition depriving any compulsory heirs of his share in the legitime for a cause authorized by
law." Disinheritance is always "voluntary", pretention upon the other hand, is presumed to be involuntary.
 Preterition under Article 854 of the New Civil Code shall annul the institution of heir. This annulment is in toto, unless in the
will there are, in addition, testamentary dispositions in the form of devises or legacies. In ineffective disinheritance under
Article 918 of the same Code, such disinheritance shall also "annul the institution of heirs", but only "insofar as it may
prejudice the person disinherited", which last phrase was omitted in the case of preterition. Better stated yet, in disinheritance
the nullity is limited to that portion of the estate of which the disinherited heirs have been illegally deprived.

Decree of probate court as to extrinsic validity is conclusive

  Except that of fraud, in any separate or independent action or proceeding
o Residence must be more than temporary

Powers and duties of a probate court

 In general
o Probate of will
o Grants letters of administration to proper applicant
o Approves claims against deceased
o Orders payment of debts
o Directs delivery of estate to those entitled
 Powers only those that relate to settlement of estate and probate. May determine ownership but such will not be conclusive
and is subject to final decision in a separate action which may be constituted by the parties
 Lease contract during probate= If a lessee is deprived without the expiration of a contract, it will be null and void
 Valera: Probate court can determine issues of ownership only for the purpose of including/excluding from the inventory,
such determination is not conclusive and is subject to final determination in a separate action
 Determination of inclusion or exclusion in inventory is interlocutory, it also cannot be the subject of execution

Exceptions to Limited Jurisdiction

 It is procedural, so it may be waived

 All concerned parties are heirs
 Consent of all the parties, without prejudice to third persons

RULE 74

“Good Reason”

 If requisites are met, only bring to administration proceeding if there is good reason
 Good reason depends upon the circumstances of the case
o Not good reasons: dispute among heirs, multiplicity of suits, to have legal capacity
Oral Partition

 Formalities (public document and registration) are only to serve as constructive notice, if there are no third persons involved,
any form may do

General rule:

 Cannot divest the court of already acquired jurisdiction, however, exception is Cease where there were no creditors, the
status of parties as heirs not questioned, and various stipulations to adjudicate via partition. Thus, intestate proceedings
could be dismissed for the partition case

Statute of Limitations

 Only applicable to parties who had taken part in the extrajudicial proceedings, and not against 3 rd persons (Sampilo v CA)
 Prescriptive period to annul on the ground of fraud starts when instrument was filed with the Register of Deeds because this
is when there is constructive notice to the world (Gerona v De Guzman)
 BUT under the New Civil Code, it is claimed that prescription is 10 years this is largely taken to be for action for
reconveyance based on implied trust