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Showing 1–24 of 59 articles for “probate”

Reprobate of Foreign Wills: RTC Keeps Jurisdiction Over Re-Authentication

Supreme Court clarifies that reprobate of a foreign will stays with the RTC, distinct from ordinary probate.

Navigating Estate Settlements: Understanding the Limits of Intervention in Probate Proceedings

Learn when courts allow intervention in probate cases, the legal standards applied, and practical tips for protecting estate interests.

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Probate Docket Fees and Publication Rules: What Bollozos v. Heirs of Aguilar Teaches

Supreme Court clarifies probate docket fee rules and publication requirements in allowance of wills cases.

Navigating Will Probate: Key Lessons From a Landmark Philippine Supreme Court Case

A Philippine Supreme Court decision on property under custodia legis offers crucial lessons for lawyers and litigants in estate and will probate cases.

Property Claims in Probate: When Philippine Courts Can Decide Ownership

Philippine Supreme Court clarifies when probate courts can rule on property claims against a decedent's estate, distinguishing money claims from ownership disputes.

Timely Intervention and Jurisdictional Limits in Philippine Estate Proceedings

Learn how the Constantino case clarifies intervention rules and probate court limits in Philippine estate proceedings.

Attorneys' Fees in Estate Recovery: Insights from the Supreme Court's Ruling

The Supreme Court clarifies mandatory personal notice to known heirs in probate proceedings and its impact on estate recovery.

Probate Notices: Personal Notification of Known Heirs Is Mandatory in Philippine Law

Philippine Supreme Court clarifies that publication alone is not enough; known heirs must receive personal notice in probate proceedings.

Understanding Heirs' Obligations in Philippine Property Sales: A Landmark Supreme Court Ruling

Learn how a 2020 Supreme Court ruling clarifies heirs' obligations and foreign will probate requirements in Philippine property sales.

Probate of an Alien's Will in the Philippines: Nationality Principle Explained

Philippine courts can probate a foreigner's will executed in the Philippines. The nationality principle does not strip local courts of jurisdiction.

Judicial Conduct and Mediation: When a Judge's Zeal to Settle Crosses the Line

Philippine Supreme Court ruling on a judge's overzealous mediation efforts, ex parte meetings, and delay in settling a probate case.

Preterition of Compulsory Heirs: When a Will Can Be Set Aside Despite Probate

The Supreme Court clarifies when preterition of compulsory heirs voids a will's institution of heirs and when legacies remain valid.

Piercing the Corporate Veil Has Limits in Estate Proceedings: Mayor v. Tiu

The Supreme Court clarifies that probate courts cannot pierce the corporate veil to seize a corporation's assets as part of a decedent's estate.

Establishing Filiation: The Complexities of Inheritance Rights for Illegitimate Children in the Philippines

The Supreme Court clarifies how illegitimate children prove filiation and inherit, and why unprobated wills fail in estate claims.

Redemption Rights and Time Limits: When the Clock Stops Ticking in Foreclosures

Understand when a foreclosure buyer gets possession, how redemption periods work, and why a donation mortis causa needs probate.

Estate Inventory Disputes: Probate Courts' Provisional Powers on Inclusion of Properties

Explaining the Supreme Court ruling on probate courts' authority to provisionally determine ownership for estate inventory inclusion.

Probate of Wills in the Philippines: When Attestation Clause Errors Are Fatal

Philippine Supreme Court explains when attestation clause defects invalidate a will, and when substantial compliance may save it.

Formal Will Requirements: Strict vs Substantial Compliance in Probate

Philippine Supreme Court clarifies when defective attestation clauses invalidate wills, distinguishing strict from substantial compliance under Civil Code Articles 805 and 809.

Sound Mind Prevails: Upholding Testamentary Freedom in Will Probate

Philippine Supreme Court clarifies that forgetfulness does not equal unsound mind, and oppositors bear the burden in will probate cases.

Probating Foreign Wills in the Philippines: A Step-by-Step Guide

Learn how to probate a foreign will in the Philippines, including the legal requirements, court process, and practical steps for heirs and executors.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Probate Appeals and Executor Disqualification: Lessons from the Marcos Estate Case

The Supreme Court clarifies appeal rules in probate cases and when a criminal conviction disqualifies an executor for moral turpitude.

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.