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(RULE 76 ALLOWANCE or DISALLOWANCE OF A WILL) - Coggle Diagram
RULE 76
ALLOWANCE or DISALLOWANCE OF A WILL
ANY INTERESTED PERSON MAY PETITION AT ANY TIME AFTER DEATH
REGARDLESS IF POSSESSED, LOST, DESTROYED
Section 1. Who may petition for the allowance of will. — Any executor, devisee, or legatee named in a will, or any other person interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will allowed, whether the same be in his possession or not, or is lost or destroyed.
PETITION MUST CONTAIN:
Section 2. Contents of petition. — A petition for the allowance of a will must show, so far as known to the petitioner:
JURISDICTIONAL FACTS
(a) The jurisdictional facts;
HEIRS':
a.
NAMES
b.
AGES
c.
RESIDENCES
(b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent;
PROBABLE VALUE & CHARACTER OF ESTATE
(c) The probable value and character of the property of the estate;
NAME OF PERSON FOR WHOM LETTERS ARE PRAYED
(d) The name of the person for whom letters are prayed;
CUSTODIAN'S NAME, IF NOT DELIVERED
(e) If the will has not been delivered to the court, the name of the person having custody of it.
NO DEFECT IN PETITION SHALL VOID THE:
ALLOWANCE OF THE WILL
ISSUANCE OF LETTERS TESTAMENTARY
LOA OF WITH WILL ANNEXED
But no defect in the petition shall render void the allowance of the will, or the issuance of letters testamentary or of administration with the will annexed.
WHEN A WILL IS DELIVERED TO, OR A PETITION FOR ALLOWANCE IS FILED, THE COURT SHALL:
Section 3. Court to appoint time for proving will. Notice thereof to be published. —
When a will is delivered to, or a petition for the allowance of a will is filed in, the court having jurisdiction,
such court shall
FIX TIME & PLACE FOR PROVING WILL WHEN ALL CONCERNED MAY APPEAR TO CONTEST THE ALLOWANCE
fix a time and place for proving the will when all concerned may appear to contest the allowance thereof, and shall
IF TESTATOR HIMSELF PETITIONS,
NO NEWSPAPER PUBLICATION
But no newspaper publication shall be made where the petition for probate has been filed by the testator himself.
(Section 3)
CAUSE NOTICE:
a.
OF TIME AND PLACE TO BE PUBLISHED 3 WEEKS SUCCESSIVELY
b.
PREVIOUS TO THE TIME APPOINTED
c.
IN A NEWSPAPER OF GENERAL CIRCULATION
cause notice of such time and place to be published three (3) weeks successively, previous to the time appointed, in a newspaper of general circulation in the province.
COURT SHALL CAUSE SUCH NOTICES TO BE:
Section 4. Heirs, devisees, legatees, and executors to be notified by mail or personally. —
The court shall also cause copies of the notice of the time and place fixed for proving the will to be
ADDRESSED
addressed to the designated or other known heirs, legatees, and devisees of the testator resident in the Philippines at their places of residence, and
DEPOSITED
deposited in the post office with the postage thereon prepaid at least twenty (20) days before the hearing, if such places of residence be known.
MAILED
A copy of the notice must in like manner be mailed to the person named as executor, if he be not the petitioner; also, to any person named as coexecutor not petitioning, if their places of residence be known.
PERSONAL SERVICE AT LEAST 10 DAYS BEFORE DAY OF HEARING = MAILING
Personal service of copies of the notice at least (10) days before the day of hearing shall be equivalent to mailing.
IF TESTATOR ASKS FOR ALLOWANCE OF OWN WILL, SENT ONLY TO COMPULSORY HEIRS
If the testator asks for the allowance of his own will, notice shall be sent only to his compulsory heirs.
IF DECEASED, KNOWN HEIRS, LEGATEES, AND DEVISEES OF TESTATOR
HEARING:
PROOF OF COMPLIANCE WITH NOTICE, PUBLICATION, AND SERVICE
Section 5. Proof at hearing. What sufficient in absence of contest. —
At the hearing compliance with the provisions of the last two preceding sections must be shown before the introduction of testimony in support of the will.
TESTIMONY:
OATH
WRITTEN
All such testimony shall be taken under oath and reduced to writing.
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TESTATOR HIMSELF MAY PETITION INTER VIVOS
The testator himself may, during his lifetime, petition the court for the allowance of his will.
(Section 1)