Decedent intended to execute his will in accord with

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decedent intended to execute his will in accord with the formalities required]:1. Compliance withLEGAL FORMALITIES: it’s executed and attested asrequired by law;2. There isTESTAMENTARY CAPACITY: the testator is not insane orotherwise mentally incapable to make a will at the time of execution;3.DUE EXECUTIONof the will: it was nota. executed under duress or the influence of fear or threats;b. procured by undue and improper pressure and influence on the part ofthe beneficiary, or some other person, for his benefit;c. signature of the testator was procured by fraud or trickery and he did notintend that the instrument be his will at the time of affixing his signature.*Intrinsic validity of the will normally comes after court declares thatwill has been duly authenticated.*The court at this stage of the proceedings is not called upon to ruleon intrinsic validity or legality of the provisions of the willNuguid vs. Nuguid, 17 SCRA 449 [1966]*In short, due execution inquires into the following:
i. the voluntariness of the testator;ii. his testamentary capacity, i.e. soundness of mind (he knows threethings: (a) the nature of the estate; (b) objects of his bounty; and (c) character ofthe testamentary act).iii. formalities and solemnities prescribed by law***EXCEPTIONS:a. Inexceptionalinstances,courts are not powerlessto pass upon certainprovisions of will which it may declare invalid even as it upholds extrinsic validityof will [Ajero vs. CA 1994]b. For practical considerations. Probate court may disregard passing on theextrinsic validity of will whereintrinsic invalidity is apparent on face of will;Certiorari as a remedy from dismissal of the testate case [Maninang vs. CA 1982].c. Probate of will might become anidle ceremonyif on its face it appearsintrinsically void.d. Will isintrinsically invalidif itcompletely preteritedthecompulsoryheirs.[Nuguid vs. Nuguid 1966]*Preterition – annuls institution of heirs*Disinheritance – annuls institution of heirs as to portion ofestate which disinherited heirs have been illegally deprivedB. Order setting petition for hearing: court shall1. fix time and place of hearing the petition2. cause notice to be given to the people, infra (C)C. Notice of hearing1. Publication of notice: three (3) consecutive weeks [Rule 76, Sec 3]2. Notice by mail (at least 20 days) or personally (at least 10 days) todesignated or known heirs, devisees, legatees, executor [Rule 76, Sec 4]*Intestate: Notice to known heirs and creditors, and any otherinterested person [Rule 79, Sec 3]————-Stage II. HearingA. Proof of notice of hearing [Rule 76, Sec 5; Rule 79, Sec 5]B. Evidence for petitioner1. Death of decedent2. Residence at the time of death
3. Testatea. Testimony/ies of subscribing witness/es [Rule 76, Sec 5]b. If testator himself: his affirmation that the holographic will and thesignature are in his own handwriting shall be sufficient evidence of thegenuineness and due execution thereof [Rule 76, Sec 12]***Summary oftestimonies/evidence to be introduced4. Intestate

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Term
Fall
Professor
N/A
Tags
Inheritance, Will, Probate, Executor

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