RULE 77 Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder

Question 1

What are to be probated in the Philippines in the case of wills proved outside of the Philippines?

Answer 1

Allowance of the will proved outside the
Philippines:

1.The due execution of the will in accordance with foreign law
2. The testator is a resident of the foreign country
3. The will has
been admitted to
probate
4. It was allowed by a
probate court
5. The laws of a
foreign country on
procedure and
allowance of will

Question 2

ToF. the will probated abroad should be treated as if it were an
original will or a will that is presented for probate for the first time.

Answer 2

True.

Section 2. Notice of hearing for allowance. — When a copy of such will and of the order or decree of the allowance thereof, both duly authenticated, are filed with a petition for allowance in the Philippines, by the executor or other person interested, in the court having jurisdiction, such court shall fix a time and place for the hearing, and cause notice thereof to be given as in case of an original will presented for allowance.

Question 3

Estate, how administered.

Answer 3

When a will is thus allowed, the court shall grant letters testamentary, or letters of administration with the will annexed, and such letters testamentary or of administration, shall extend to all the estate of the testator in the Philippines. Such estate, after the payment of just debts and expenses of administration, shall be disposed of according to such will, so far as such will may operate upon it; and the residue, if any shall be disposed of as is provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country.

Question 4

what happens when a will is allowed?

Answer 4

Section 3. When will allowed, and effect thereof. — If it appears at the hearing that the will should be allowed in the Philippines, the shall so allow it, and a certificate of its allowance, signed by the judge, and attested by the seal of the court, to which shall be attached a copy of the will, shall be filed and recorded by the clerk, and the will shall have the same effect as if originally proved and allowed in such court.