RULE 78 Letters Testamentary and of Administration, When and to Whom Issue

Question 1

Who are incompetent to serve as executors or administrators

Answer 1

Section 1. Who are incompetent to serve as executors or administrators. — No person incompetent to serve as executor or administrator who:

(a) Is a minor;

(b) Is not a resident of the Philippines; and

(c) Is in the opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude.

Question 2

To whom shall letters testamentary be issued?

Answer 2

SECTION 4. Letters Testamentary
Issued When Will Allowed. — When a will has been proved and allowed, the court shall issue letters testamentary thereon to the
person named as executor therein, if he is competent, accepts the trust, and gives bond as required by these rules.

Question 3

When is drunkenness a ground for disqualification as administrator or executor?

Answer 3

Excessive, inveterate and continued use of intoxi­cants, to such an extent as to render the subject of the habit as unsafe against to entrust with the care of property or the transaction of business.

Question 4

What is meant by improvidence as a disqualification?

Answer 4

one found incompetent to ex­ecute the duties of an administrator by reason of improvidence, means that want of care and foresight in the management of prop­erty which would be likely to render the estate and effects of the intestate unsafe, and liable to be lost or diminished in value, in case the administration should be committed to the improvident person

Question 5

ToF. Gambling habits might establish improvidenc

Answer 5

True

Question 6

ToF. weakness of mind as well, such as would or might subject one to sinister influence or coercion against the general interest of the
estate will constitute a sufficient objection.

Answer 6

True

Question 7

What is moral turpitude?

Answer 7

An act of baseness, vileness or depravity in the private and social duties which a man owes his fellow men, to society in general, contrary to the accepted and customary rule of right and duty be­ tween man and woman or conduct contrary to justice, honesty, mod­ esty or good morals.8

Question 8

ToF. The causes for Disqualification is exclusive

Answer 8

True. Where the statute enumerates the causes which will render persons incompetent to act as executors, it is usually considered that the courts are restricted to the causes named and have no authority to refuse to issue letters to a person because his interests are hostile to those of the estate and the legatees under the will, where such a cause is not one of the disqualification’s enumerated in the Statute.

Question 9

ToF. The causes for Disqualification is exclusive

Answer 9

True. Where the statute enumerates the causes ‘ which will render persons incompetent to act as executors, it is usually considered that the courts are restricted to the causes named and have no authority to refuse to issue letters to a person because his interests are hostile to those of the estate and the legatees under the will, where such a cause is not one of the disqualification’s enumerated in the Statute.

Question 10

ToF. An administrator must be an heir.

Answer 10

False. An administrator does not have to be an heir. He can be a stranger to the deceased.12

Question 11

ToF. An administrator must be an heir.

Answer 11

False. An administrator does not have to be an heir. He can be a stranger to the deceased.12

Question 12

What is the order of preference in the appointment of an administrator?

Answer 12

1. To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court
2. one or more of the principal creditors, if competent and willing to serve
3. such other person as the court may select.

Question 13

What is the principal consideration in the appointment of the administrator of the estate of a de­ceased person?

Answer 13

the appointment of the administrator of the estate of a de­ ceased person, the principal consideration reckoned with is the in­ terest in said estate of the one to be appointed as administrator.

Question 14

ToF. Failure to Apply for Letters of Administra­toon removes the widow from the preference.

Answer 14

False. such failure is not sufficient to ex­
clude the widow from the administration of the estate of her hus­band. There must be a very strong case to justify the exclusion of the widow from the administration.

Question 15

ToF. Only one administrator should be appointed by the count.

Answer 15

False. For the benefit of the estate and those interested therein, more than one administrator may be appointed this is legally permissible and sanctioned in practice.

Question 16

What is the effect of appeal in appointing a new administrator?

Answer 16

Where the order of the court appointing a new administrator in substitution of the original administrator is pending appeal, and in the absence of any order for the immediate execution of the order of substitution, the old administrator has the right to continue as such until the appeal is finally disposed of Relucio v. San Jose.

Question 17

What is the limit or extent of Administration?

Answer 17

The general rule universally recognized is that administration extends only to the assets of a decedent found within the state or country where it was granted.