RULE 75
PRODUCTION AND ALLOWANCE OF WILL;
ALLOWANCE OF WILL NECESSARY
SECTION 1. Allowance necessary.
Conclusive as to execution.
No will shall pass either real or
personal estate unless it is proved and allowed in the proper court. Subject to
the right to appeal, such allowance of the will shall be conclusive as to its
execution.
Probate or allowance of wills
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It
is an act of proving in court a document purporting to be the last will and testament
of a certain deceased person for the purpose of its official recognition,
registration and carrying out its provision in so far as they are in accordance
with law.
Concept and extent of DUE EXECUTION:
FSDUG
1.
The
will was executed in accordance with the strict formalities of the law;
2.
The
testator was of sound and disposing mind at the time of the execution of the
will;
3.
Consent
is not vitiated by any duress, fear or threats;
4.
The
will was not procured by any undue influence from the beneficiary or by some
other person for his benefit; and
5.
The
signature of the testator is genuine.
Issues that may be brought before the
probate court
1.
The
determination of whether a property should be included in the inventory is
within the jurisdiction of a probate court;
2.
The
determination who are the heirs of the decedent;
3.
The
validity of a waiver of hereditary rights;
4.
The
status of each heir and all other matters incidental to the administration,
settlement and distribution of the estate.
GR: Probate court cannot decide a question
of title of ownership.
XPN:
a.
The
interested parties who are all heirs of the deceased consent thereto and the
interests of third parties are not prejudiced;
b.
In
a provisional manner, to determine whether said property should be included in or
excluded from the inventory, without prejudice to the final determination of
title in a separate action.
Principle of exclusionary rule in
probate proceedings
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When
a probate court first takes cognizance and jurisdiction over the settlement of
the estate of a deceased person, it shall continue to exercise jurisdiction
over the same to the exclusion of other courts.
Section 2. Custodian of will to deliver.
The person who has custody of a will
shall, within twenty (20) days after he knows of the death of the testator,
deliver the will to the court having jurisdiction, or to the executor named in
the will.
Section 3. Executor to present will and
accept or refuse trust.
A person named as executor in a will
shall, within twenty (20) days after he knows of the death of the testator, or
within twenty (20) days after he knows he is named executor if he obtained such
knowledge after the death of the testator, present such will to the court
having jurisdiction, unless the will has reached the court in any other manner,
and shall, within such period, signify to the court in writing his acceptance
of the trust or his refusal to accept it.
Section 4. Custodian and executor
subject to fine for neglect.
A person who neglects any of the duties
required in the two last preceding sections without excuse satisfactory to the
court shall be fined out not exceeding two thousand pesos.
Section 5. Person retaining will may be
committed.
A person having custody of a will after
the death of the testator who neglects without reasonable cause to deliver the
same, when ordered to do so, to the court having jurisdiction, may be committed
to prison and there kept until he delivers the will.
Case: Pacioles,
Jr. vs. Chuatoco-Ching, 2005
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A
probate court may hear and pass upon questions of ownership when its purpose is
to determine whether or not a property should be included in the inventory. The
adjudication is merely incidental and provisional.
RULE 76
ALLOWANCE OR DISALLOWANCE OF WILL
The following person may petition for
the allowance of will:
1.
Executor
2.
Devisee
3.
Legatee
4.
Any
other person interested in the estate
5.
Testator
himself
Interested party
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A
party who would be benefited by the estate such as an heir or one who has claim
against the estate like a creditor.
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The
petition for probate of the will is not subject to the statute of limitations
and does not prescribe; as such petition may be filed at any time and is
required by public policy.
The petition for the allowance of a will
must show: (R76.2)
a.
The
jurisdictional facts;
b.
The
names, ages and residences of the heirs, legatees and devisees of the testator
or decedent;
c.
The
probable value and character of the property of the estate;
d.
The
name of the person for whom letters are prayed; and
e.
If
the will has not been delivered to the court, the name of the person having
custody of it.
Jurisdictional facts in probate
proceedings:
a.
Death
of the decedent;
b.
His
residence at the time of his death
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The
rules do not require proof that the foreign will has already been allowed and
probated in the country of its execution.
Section 6. Proof of lost or destroyed
will. Certificate thereupon.
No will shall be proved as a lost or
destroyed will unless the execution and validity of the same be established,
and the will is proved to have been in existence at the time of the death of
the testator, or is shown to have been fraudulently or accidentally destroyed
in the lifetime of the testator without his knowledge, nor unless its
provisions are clearly and distinctly proved by at least two (2) credible witnesses.
When a lost will is proved, the provisions thereof must be distinctly stated
and certified by the judge, under the seal of the court, and the certificate
must be filed and recorded as other wills are filed and recorded.
Requisites in order that a lost or
destroyed will may be allowed:
1.
Execution
and validity of the will must be established;
2.
The
will must have been in existence at the time of the death of the testator, or
is shown to have been fraudulently or accidentally destroyed in the lifetime of
the testator without his knowledge;
3.
The
provisions are clearly and distinctly proved by at least two credible
witnesses.
Remedies: Order denying the probate of a
will after the period to appeal has lapsed
a.
Petition
for relief
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Ground:
Fraud, accident, mistake or excusable negligence
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When:
Within a period of 60 days after the petitioner learns of the judgment or final
order and not more than 6 months after such judgment or final order was
entered.
The following are entitle to notice of
time and place of probate proceedings (R76.4):
1.
Heirs
2.
Legatees
3.
Devisees
4.
Person
named as executor, if he be not the petitioner
5.
Person
named as co executor not petitioning
6.
Compulsory
heirs, if the testator asks for the allowance of his own will.
Case: Alaban
vs Court of Appeals, 2005
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Petitioners,
as nephews and nieces of the decedent, are neither compulsory nor testate heirs
who are entitled to be notified of the probate proceedings under the Rules.
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Publication
is notice to the whole world that the proceeding has for its object to bar
indefinitely all who might be minded to make an objection of any sort against
the right sought to be established. It is the publication of such notice that
brings in the whole world as a party in the case and vests the court with
jurisdiction to hear and decide it. Thus, even though petitioners were not
mentioned in the petition for probate, they eventually became parties thereto
as a consequence of the publication of the notice of hearing.
RULE 77
ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND
ADMINISTRATOR OF ESTATE THEREUNDER
Section 1. Will proved outside
Philippines may be allowed here.
Wills proved and allowed in a foreign
country, according to the laws of such country, may be allowed, filed, and
recorded by the proper Court of First Instance in the Philippines.
The proponent must prove the following
during a reprobate proceeding:
a.
That
the testator was domiciled in the foreign country;
b.
That
the will has been admitted to probate in such country;
c.
That
the foreign court was, under the laws of said foreign country, a probate court
with jurisdiction over the proceedings;
d.
The
law on probate procedure in said foreign country and proof of compliance
therewith; and
e.
The
legal requirements in said foreign country for the valid execution of the will.
The effects of allowance of a will
1.
The
will shall be treated as if originally proved and allowed in Philippine courts;
2.
Letters
testamentary or administration with a will annexed shall extend to all estates
of the Philippines;
3.
After
payment of just debts and expenses of administration, the residue of the estate
shall be disposed as provided by law in cases of estates in the Philippines
belonging to persons who are inhabitants of another state or country.
Article 816, Civil Code
The
will of an alien who is abroad produces effect in the Philippines if made with
the formalities prescribed by the law of the place in which he resides, or
according to the formalities observed in his country, or in conformity with
those which this Code prescribes.
RULE 78
LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND
TO WHOM ISSUED
The following may administer the estate:
1.
Executor
2.
Administrator
Section 1. Who are incompetent to serve
as executors or administrators.
No person is competent to serve as
executor or administrator who is:
a.
A
minor;
b.
Not
a resident of the Philippines; and
c.
In
the opinion of the court unfit to execute the duties of the trust by reason of
drunkness, improvidence, or want of understanding or integrity, or by reason of
conviction of an offense involving moral turpitude.
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Executor
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Administrator
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A person named expressly by the
deceased person in his will to administer, settle and liquidate his estate.
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A person appointed by the intestate
court to administer the estate of a deceased person who:
a.
Dies without leaving a will; or
b.
Did not name any executor even if there was a
will; or
c.
if there be one named, he is incompetent, refuses
the trust or fails to give a bond, or that the will subsequently, is declared
null and void.
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Section 2. Executor of executor not to
administer estate.
The executor of an executor shall not,
as such, administer the estate of the first testator.
Section 3. Married women may serve.
A married women may serve as executrix
or administratix, and the marriage of a single woman shall not affect her
authority so to serve under a previous appointment.
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Letters Testamentary
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Letters of Administration
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It is an authority issued to an
executor named in the will to administer the estate.
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It is an authority issued by the court
to a competent person to administer the estate of the deceased who died
intestate.
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Section 5. Where some co executors
disqualified others may act.
When all of the executors named in a
will cannot act because of incompetency, refusal to accept the trust, or failure
to give bond, on the part of one of more of them, letters testamentary may
issue to such of them are competent, accept and give bond, and they may perform
the duties and discharge the trust required by the will.
Order of preference in granting Letters
of Administration
R78.6. if
1.
No
executor is named in the will
2.
The
executor is incompetent, refuses the trust, or fails to give bond
3.
A
person dies intestate
Administration
shall be granted:
a.
To
surviving husband or wife, as the case may be, or next of kin, or both, in the
discretion of the court, or to such person as such surviving husband or wife,
or next of kin, requests to have appointed, if competent and willing to serve;
b.
If
such surviving husband or wife, as the case may be, or next of kin, or the person
selected by them, be incompetent or unwilling, or if husband or widow, or next
of kin, neglects for 30 days after the death of the person to apply for
administration be granted to some other person, it may be granted to one or
more of the principal creditors, if competent and willing to serve;
c.
If
there is no such creditor competent and willing to serve, it may be granted to
such other person as the court may select.
Rationale behind the rule on the order
of preference
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Those
who will reap the benefit of a wise, speedy and economical administration of
the estate, or, in the alternative, suffer the consequences of waste,
improvidence or mismanagement, have the highest interest and most influential
motive to administer the estate correctly.
GR: The
court cannot set aside the order of preference
XPN:
a.
Where
justice and equity demand, depending on the attendant facts and circumstances
of each case.
b.
When
the preferred persons are not competent or are unwilling to serve.
RULE 79
OPPOSING ISSUANCE OF LETTERS TESTAMENTARY. PETITION
AND CONTEST FOR LETTERS OF ADMINISTRATION
Section 1.
Next of kin
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It
refers to those relationship with the decedent is such that they are entitled
to share in the estate as distributees.
The following provisions allow “any
interested person” or “any person interested in the estate” to participate in
varying capacities:
1.
R79.1.
Any person interested to oppose the issuance of letters testamentary and to
file a petition for administration;
2.
R79.3.
Mandates the giving of notice of hearing on the petition for letters of
administration to the known heirs, creditors, and to any other person believed
to have interest in the estate;
3.
R76.1.
A person interested in the estate to petition for the allowance of a will;
4.
R87.6.
Allows an individual interested in the estate of the deceased to complain to
the court of the concealment, embezzlement, or conveyance of any assets of the
decedent, or of evidence of the decedent’s title or interest therein;
5.
R85.10.
Requires notice of the time and place of the examination and allowance of the
Administration’s account to the persons interested.
6.
R89.7.
Requires the court to give notice to the persons interested before it may hear
and grant a petition seeking the disposition or encumbrance of the properties
of the estate;
7.
R90.1.
Any person interested in the estate to petition for an order for the
distribution of the residue of the estate of the decedent, after all
obligations are either satisfied or provided for.
GR: The creditor or any person interested
in the estate has no general right to intervene.
XPN: If the prayer or relief sought is
necessary to protect their interest in the estate, and there is no other
modality under the Rules by which such interest can be protected.
Contents
of a petition for letter of administration
1.
The
jurisdictional facts;
2.
The
names, ages, and residences of the heirs, and the names and residences of the
creditors, of the decedent;
3.
The
probable value and character of the property of the estate;
4.
The
name of the person for whom letters of administration are prayed.
RULE 80
SPECIAL ADMINISTRATOR
Special administrator
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A
representative of the decedent appointed by the probate court to care for and
preserve his estate until an executor or general administrator is appointed.
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When
appointed: When there is delay in granting letters testamentary or of
administration occasioned by an appeal from the allowance or disallowance of a
will or some other cause, the court may appoint the same.
Role of special administrator
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An
officer of the court who is subject to its supervision and control, expected to
work for the best interest of the entire estate, with a view to its smooth
administration and speedy settlement.
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Regular Administrator
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Special Administrator
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When appointed
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When a decedent died intestate or did
not appoint any executor in his will or the will is subsequently disallowed.
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When there is delay in granting
letters testamentary or of administrator.
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Obligation to pay debt of the estate
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Yes
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No
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Remedy on appointment
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Appealable
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Interlocutory order: R65
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The court may appoint special co
administrators
1.
To
have the benefits of their judgment and perhaps at all times to have different
interests represented;
2.
Where
justice and equity demand that opposing parties or factions be represented in the
management of the estate of the deceased;
3.
Where
the estate is large or, from any cause, an intricate and perplexing one to
settle;
4.
To
have all interested persons satisfied and the representatives to work in
harmony for the best interests of the estate; and
5.
When
a person entitled to the administration of an estate desires to have another
competent person associated with him in the office.
