BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
RULE 75
PRODUCTION OF WILL. ALLOWANCE OF WILL NECESSARY
section 1
SECTION 1. Allowance Necessary. Conclusive as to exclusion.
• No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.
PROBATE
• It is the act of proving before a competent court the due execution of a will by a person possessed of testamentary capacity, as well as approval thereof by said court.
DECREE OF PROBATE IS CONCLUSIVE AS TO ITS DUE EXECUTION
• Decree of probate is conclusive with respect to the due execution of the will and it cannot be impugned on any of the grounds authorized by law, except that of fraud, in any separate or independent action or proceeding.
• Allowance of a will is conclusive only as to its due execution, a probate decree is not concerned with the intrinsic validity or legality of the provisions of the will.
SECTIONS 2-5
SECTION 2 . Custodian of will to deliver.
The person who has custody of a will shall, within twenty (20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will.
SECTION 3 Executor to present will and accept or refuse trust.
A person named as executor in a will shall, within twenty (20) days after he knows of the death of the testator, or within twenty (20) days after he knows that he is named executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has reached the court in any other manner, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it.
SECTION 4 Custodian and Executor Subject to fine for neglect .
A person who neglects any of the duties required in the two last preceding sections without excuse satisfactory to the court shall be fined not exceeding two thousand pesos.
SECTION 5 Person retaining will may be committed
A person having custody of a will after the death of the testator who neglects without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed to prison and there kept until he delivers the will.