Documentos de Académico
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BOSLENG, Myrene
PILA, Paul Dean
RIVERA, Clark Paul
RULE 77
Allowance of wills proved outside of the
Philippines
and
Administration of estate thereunder
Section 1
Wills proved outside of the PH
Wills proved and allowed in a foreign
country according to the laws of such
country
may be allowed, filed, and recorded
by the proper CFI (RTC) in the Philippines.
Section 2
Notice of hearing for allowance
Copy of such will
order/decree allowance thereof
*BOTH duly authenticated
The court shall fix a time & place for the hearing,
(and cause notice thereof in case of an original will
presented for allowance)
Section 3
After approval of the will in a hearing
A certificate of allowance
Signed by the Judge
Attested by the seal of the Court
A copy of the will shall be attached
Section 4
Estate Administration
When a will is allowed, the court shall:
Grant letters testamentary/letters of
administration (with the Will annexed)
- Which shall extend to all the estate of the
testator in the Philippines
ESTATE
Debts
Expenses of administration
REMAINDER which shall be
distributed according to the will.
RESIDUE disposed of as if provided
by law in cases of estates in the
PH belonging to inhabitants of
another state/country
RULE 78
Letters testamentary and of administration
Section 1
Who are incompetent to serve as executors/administrators
Minors
Non-residents (of the Philippines
(In the opinion of the court to be) Unfit to
execute the duties of the trust by reason
of
Drunkenness
Improvidence
Want of understanding/integrity
Convicted of an offense involving moral
turpitude
Section 2
Executor of executor not to administer estate
Section 3
Married women may serve
A married woman may serve as executrix
or administratrix, and the marriage of a
single woman shall not affect her authority
so to serve under a previous appointment.
Section 4
Letters testamentary are issued when will is allowed
Section 5
Where some coexecutors are disqualified,
others may act.
When all of the executors named in a will
can not act because of incompetency,
refusal to accept the trust, or failure to
give bond, on the part of one or more of
them, letters testamentary may issue to
such of them as are competent, accept
and give bond, and they may perform the
duties and discharge the trust required by
the will.
Section 6
When and to whom letters of administration
are granted
What
a. jurisdictional facts;
b. name, age, residence of heirs and creditors;
c. probable value and character of the estate; and
d. name of the person for whom letters is prayed
for.