Question 1

X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.

Accepted Answer

A) C is correct because the law requires that the holographic will must be completely dated. 
B) C is not correct because there is substantial compliance with the requirement of the law. 
C) C is correct because the incomplete date affects the integrity of the will. 
D) C is correct because the complete date protects the will from commission of fraud and trickery.

Question 2

A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?

Accepted Answer

A) It will admit the will to probate because of the doctrine of lex loci celebrationis. 
B) It will not admit the will to probate unless probated first in Canada. 
C) It will deny probate because of failure to comply with the formalities under Philippine law. (Art. 17, NC
C)  
D) It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.

Question 3

X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?

Accepted Answer

A) Yes, because the probate of a will is imprescriptible as it is mandated by public policy. 
B) No more because it has already prescribed. 
C) Yes because they cannot extrajudicially settle the estate due to the existence of a will. 
D) No more because of laches.

Question 4

A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?

Accepted Answer

A) Yes, because of the total institution of the descendants. 
B) Yes, because failure to state the ground for the non-institution of the descendants. 
C) No, because B, C and D shall inherit from the estate of A by the rules of intestacy. 
D) No, because B, C and D are deemed instituted.

Question 5

Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua's signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.

Accepted Answer

A) X can still be prosecuted. 
B) X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution. 
C) The probate of the will is res judicata to the prosecution of X. 
D) X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.

Exam 17: Inheritance and Probate Law

X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.

A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?

X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?

A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?

Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua's signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.