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Showing 25–48 of 59 articles for “probate”

Probate Jurisdiction Absence OF Estate Value Dooms Will Allowance

The Supreme Court nullified a will allowance because the petition failed to allege the estate's gross value, stripping the trial court of jurisdiction.

Res Judicata in Estate Disputes: Prior Judgments Bar Relitigation of Property Ownership

A party cannot relitigate property ownership in probate proceedings when final judgments already settled the issue, the Supreme Court rules.

Enforcement OF Estate Obligations Probate Courts Power TO Execute Sales Agreements

Probate Jurisdiction and Due Process in Will Allowance: Nittscher v. Nogales

The Supreme Court clarifies probate jurisdiction, forum-shopping rules, and due process in allowing holographic wills and issuing letters testamentary.

Unprobated Wills vs Registered Titles: Possession Disputes in Philippine Law

Philippine Supreme Court ruling on how unprobated wills and Torrens titles affect possession disputes in ejectment cases.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Holographic Wills and Disinheritance: Reconciling Intent With Legal Formalities in Estate Succession

When is a disinheritance document a valid holographic will? The Supreme Court clarifies probate rules, preterition, and testamentary intent.

Estate Settlement When Probate Courts Cant Decide Ownership Disputes

Learn how Philippine courts handle land registration disputes, including the need for original tracing cloth plans and clear evidence of ownership.

Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined

When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.

Heirs Rights Substituting A Deceased Devisee Without Prior Estate Administration

Learn when heirs may substitute a deceased devisee in probate without a court-appointed administrator, under Philippine rules.

Extrinsic Fraud in Probate: Protecting Inheritance Rights in the Philippines

When an administrator's omission in a Philippine probate case amounts to extrinsic fraud, final orders can be annulled. Learn the rules.

Fatal Flaws in Philippine Wills: Why Proper Attestation and Acknowledgment Are Non-Negotiable

Learn why the Supreme Court denied probate of a notarial will with three fatal defects under the Civil Code's formal requirements for wills.

Probate of Wills in the Philippines: Burden of Proof and Testamentary Capacity Explained

Philippine Supreme Court clarifies the burden of proof in will probate and the test for testamentary capacity under the Civil Code.

Probate Publication as Sufficient Notice to Interested Parties

Supreme Court clarifies that publication in probate proceedings binds all interested parties, even those not personally notified.

When Heirs Can Skip Probate and Sue Directly to Annul a Property Title

Philippine Supreme Court ruling on when putative heirs may file an ordinary civil action to annul a title without first going through probate proceedings.

Substantial Compliance With Attestation Requirements in Will Probate

Philippine Supreme Court explains when defects in a will's attestation clause may still allow probate under the substantial compliance rule.

Probate Court Limitations Property Title Disputes Require Separate Action

Philippine Supreme Court clarifies probate courts cannot nullify property titles; such disputes need a separate ordinary civil action.

Estate Administration Discretionary Power in Appointing Special Administrators

The Supreme Court clarifies that probate courts have sound discretion in appointing special administrators, and heirs have no absolute right to representation.

Conditional Sales and Probate Court Approval: Protecting Heirs' Rights in Estate Transactions

Learn how Philippine courts handle conditional sales of estate property, protecting heirs' shares while honoring valid contracts.

Probate Court Approval of Estate Property Sales: Heirs of Sandejas v. Lina

When a deceased person contracted to sell property before death, the probate court can authorize its conveyance—here's what the Sandejas ruling means for heirs and buyers.

Preliminary Injunctions in Probate: Protecting Estate Assets From Foreclosure

Philippine Supreme Court ruling on when probate courts may issue preliminary injunctions to protect estate assets from foreclosure.

Finality of Probate Court Orders: Why Timely Appeals Are Crucial in Estate Proceedings

Learn why the finality of probate court orders is crucial in estate proceedings and how a timely appeal protects your rights.

Philippine Estate Law: Why Probate Courts Decide Heirship and Property Disputes

The Supreme Court explains why probate courts have exclusive jurisdiction over heirship and estate property disputes in Ong v. Court of Appeals.

Probate Court Powers Resolving Property Disputes Among Heirs in Philippine Estate Law

When can a probate court resolve property disputes among heirs? The Supreme Court clarifies the rule in Cortes v. Court of Appeals.