Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd
Upload
45 views

W3 Flowchart - (Last Name)

The document outlines the process for petitioning a court to allow a will during the lifetime of the testator. It details what must be included in the petition, the hearing process if the will is notarial or holographic, requirements for witnesses, and what must be proved for the will to be allowed.

Uploaded by

Luis Perez
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
45 views

W3 Flowchart - (Last Name)

The document outlines the process for petitioning a court to allow a will during the lifetime of the testator. It details what must be included in the petition, the hearing process if the will is notarial or holographic, requirements for witnesses, and what must be proved for the will to be allowed.

Uploaded by

Luis Perez
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

Perez, Luis Gabriel A.

Flowchart Assignment 2

Petition for the allowance of a will filed during the lifetime of the testator

The Court shall cause copies


Testator makes either Testator files a petition The Court having jurisdiction
of the notice of the time and
a notarial will, or a for the allowance of the shall fix a time and place for
place fixed to be sent to the
holographic will will proving the will
testator's compulsory heirs

Contents of the petition:


1. Jurisdictional facts (residence of the testator, the
place where he left estate, if he is a nonresident)
2. Names, ages , and residences of the heirs,
legatees, and devisees of the testator
2. The probable value and character of the estate
3. The will

HEARING Notarial Will If Uncontested If Contested

The Court may grant the Anyone appearing to contest


Note: If the subscribing witnesses are
Holographic will If Constested allowance of the will on the the will must state in writing
dead or insane, or none of them
testimony of one of the his grounds for opposing its
reside in the Philippines, the court
subscribing witnesses only, if allowance, and serve a copy
may admit the testimony of other
such witness testifies that the theref on the testator and
If Uncontested witnesses
will was executed as is required other parties interested in the
by law estate

The fact that the testator affirms


that the will and the signature are All subscribing witnesses,
If none of the witnesses Even if the witnesses testify
in his own handwriting, shall be and the notary, must be
reside in the province, the against the due execution, or do
sufficient evidence of the produced and examined, if
court may on motion not remember, or of doubtful
genuineness and due execution of present in the Philippines and
direct their deposition to credibility, the court may still allow
the will not insane. If outside of the
be taken the will
province, their deposition
must be taken
Anyone appearing to contest
the will must state in writing
his grounds for opposing its
allowance, and serve a copy
theref on the testator and What must be proved?
Court issues a certificate of
other parties interested in the 1. Due execution of the will
allowance, if proper
estate 2. At the time of execution, the testator
was of sound and disposing mind, and
not acting under duress, menace, and
undue influence, or fraud
The burden of disproving the genuineness and due
execution thereof shall be on the contestant.

You might also like