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Showing 1–24 of 24 articles for “wills”

Holographic Wills in the Philippines: Requirements and Validity

Learn the requirements for a valid holographic will in the Philippines, who can make one, and how to ensure it stands up in court.

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.

Preterition in Philippine Wills: When Omitting a Compulsory Heir Invalidates Inheritance

Learn how preterition—omitting a compulsory heir—can annul a will's heir institution under Philippine law, with insights from Trinidad v. Trinidad.

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.

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.

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.

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.

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.

Forged Wills and Fraud: Protecting Estates from Deceit

A forged will led to criminal liability for estafa through falsification of public document. Learn the legal rules and practical lessons from Obando v. People.

Negligence in Notarization: Consequences for Lawyers and the Validity of Wills

A lawyer-notary's careless notarization of a will can invalidate it and trigger suspension. Learn the rules and consequences.

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.

Notarial Wills and Territorial Limits on Notary Public Authority

A will acknowledged before a notary acting outside his commission is void. Learn the territorial limits rule from Guerrero v. Bihis.

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 Recognizing Testamentary Intent Beyond Formal Titles IN Philippine LAW

Philippine Supreme Court ruling on how courts determine testamentary intent in holographic wills, beyond formal titles and designations.

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.

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.

Can a Notary Public Also Be a Witness? Philippine Rules Explained

Philippine law generally allows a notary public to also witness the documents they notarize, except for wills. Learn the rules and limits.

Modal Institutions in Philippine Wills: Heirs' Obligations and the Rabadilla Ruling

Learn how modal institutions in Philippine wills impose enforceable obligations on heirs, based on the Supreme Court's ruling in Rabadilla v. Court of Appeals.

Living Wills and Inheritance Rights: When Relatives Can Intervene in Estate Proceedings

Explains when a testator may probate a will during lifetime, and when relatives or creditors may intervene in estate settlement.

Decoding Holographic Wills in the Philippines: Witness Requirements and Probate Challenges

Understand the mandatory three-witness rule for contested holographic wills in the Philippines and what Codoy v. Calugay means for probate.

Ejectment of Possessors by Tolerance: Guardians, Wills, and Unlawful Detainer

Philippine Supreme Court clarifies when a guardian may eject possessors by tolerance, and why an unprobated will does not defeat an unlawful detainer suit.