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Allowance
or Disallowance
of Will
Section 1
death,and after approving and allowing the will,the court then proceeds
death,provided that the testator himself petitions the court for its
proceedings while the testator is alive,for that right is solely reserved for
the testator.
an heir,or one who has a claim against the estate such as a creditor. The
petition for its allowance is filed later,because the court fixes the time
Section 2
residence at the time of his death in the province where the probate
such country. The names and addresses of the heirs are required to be
stated in order for the court to determine who are the persons who are
Section 3
The court may act upon the mere deposit of the decedent’s testament
even if petition for its allowance has yet to be filed.If a petition for
After the delivery of the will to the court,or a petition for its
Fix the time and place for proving the will when all concerned may
appear to contest its allowance;
Section 4
the testator,the court is required to send notice of the time and place of
Those who are neither compulsory nor testate heirs need not be notified
by the court.
Section 5
the court:
Evidence that the order of the court fixing the time &place for
proving the will has been published for 3 successive weeks prior to the
time appointed;
Evidence that a notice of such hearing has been served upon the
days prior;
sufficient, as long as the said witness knows the handwriting & signature
petitions his will for probate of his holographic will,his affirmation of said
will &his signature thereon are sufficient to prove its genuineness and
due execution.
Section 6
witnesses.
Sections 7 and 8
The petitioner may file a motion with the court for taking the
if the deponent lives at least 100 kilometers away from the territorial
not prevent the court from admitting the will into probate as long as the
testator’s sanity and the due execution of the will are proved.
Sec.9
A will cannot be disallowed for grounds other than those stated in this
provision.The grounds for disallowance are exclusive and fall under the
ff.categories:
by law;
fear,or threats, or was procured with undue and improper pressure and
did not intend that the instrument be his will at the time he affixed his
signature therein.
formalities of the law, (where the purpose of the law has been
satisfied)and the possibility of bad faith and fraud is obviated ,said will
*the solemnities in the execution of the will are intended to protect the
Sec. 10
Sections 11 and 12
public who notarized the will must testify in the probate proceedings.
may be resorted to. When the testator himself petitions for the probate
Sec.13
allowance of the will, which must be signed by the judge and attested by
the seal of the court;the clerk must record and file the said