RULE 75 Production of Will, Allowance of Will Necessary

Question 1

True or False. Probate of will is mandatory

Answer 1

True.

Question 2

How is Extrinsic Validity Determined by the probate court?

Answer 2

Substantial Compliance Sufficient - The Court has held in a number of occasions that in determining the extrinsic validity of the will, substantial compliance is acceptable where the purpose of the law has been satisfied, the reason being that the solemnities surrounding the execution of wills are intended to protect the testator from all kinds of fraud and trickery but never intended to be so rigid and inflexible as to destroy the testamentary privilege

Formal Imperfections to be Brushed Aside -
It is enough if the spirit behind the law was served though the letter was not. Although there should be strict compliance with the
substantial requirements of the law in order to insure the authenticity of the will, the formal imperfections should be brushed aside when they do not affect its purpose and which, when taken into account, may only defeat the testator’s will.

Question 3

When may Probate Court Pass Upon
Intrinsic Validity?

Answer 3

In Nuguid v. Nuguid, the oppositors to the probate moved to dismiss on the ground of absolute pretention. The probate court acting on the motion held that the will in question was a complete nullity and dismissed the petition without costs. The Court held that as on its face the will appeared tohave preterited the petitioner the respondent judge should have
denied its probate outright. Where circumstances demand that
intrinsic validity of testamentary provisions be passed upon even before the extrinsic validity of the will is resolved, the probate court should meet the issue.

Question 4

What is the difference between preterition and disinheritance?

Answer 4

Pretention “consists in the omission in the testator’s will of some or all of the compulsory heirs in the direct line, 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.”

Question 5

What is the purpose of the probate
of the will?

Answer 5

To determine the extrinsic validity of the
will. The extrinsic validity of the will is
determined by its compliance with the
requirements of the Civil Code for the validity of the will and on the determination of whether the testator is of sound mind when he executed the same.

Question 6

What is “due execution” of the will?

Answer 6

It means the testator’s voluntariness of making the dispositions in the will. The testator’s capacity is also examined on this level, which looks into the soundness of the mind of the testator.
Soundness of mind refers to knowledge of:
◦ Nature of estate
◦ Object of bounty
◦ Character of testamentary act

Question 7

May a probate court pass upon the intrinsic validity of the will?

Answer 7

The general rule is that the probate court cannot inquire into the intrinsic validity of the will
 BUT:
 If the intrinsic defect is apparent from the will, say for instance absolute preterition, then the probate may pass upon the intrinsic validity of the will. (Nepomuceno vs. CA; Nuguid vs Nuguid; Cayetano vs. Leonides)

Answer 8

Executor, Devisee, Legatee, Or any other
person interested in the estate, TESTATOR
HIMSELF DURING HIS LIFE TIME