7. A executed his will instituting X, Y and Z, his children and B, his wife.

There is a
pending case for forgery filed by B, X and Y against Z alleging that the signature of A
on the will was forged. At the same time, the will was submitted to probate and
allowed. What is the effect of the allowance of the will?

The effect of the probate of a will is that it is conclusive as to the execution and validity
of the will (even against the State). Thus, a criminal case against forgery may not lie
after the will has been probated (Jurado, p 144)

8. a) May a will executed abroad by a foreigner be admitted to probate in the
Philippines?
b) May a will proved in a foreign country be allowed and filed in the Philippines?

a) A will of a foreigner executed abroad can be probated in the Philippines without need
of being probated abroad. Article 816 of the Civil Code states that the will of an alien
who is abroad produces effect in the Philippines if made in accordance with the
formalities prescribed by law of the place where he resides, or according to the
formalities observed in his country.

Our rules require merely that the petition for the allowance of a will must show, so far
as known to the petitioner: (a) the jurisdictional facts; (b) the names, ages, and
residences of the heirs, legatees, and devisees of the testator or decedent; (c) the
probable value and character of the property of the estate; (d) the name of the person
for whom letters are prayed; and (e) if the will has not been delivered to the court, the
name of the person having custody of it. Jurisdictional facts refer to the fact of death of
the decedent, his residence at the time of his death in the province where the probate
court is sitting, or if he is an inhabitant of a foreign country, the estate he left in such
province.

The rules do not require proof that the foreign will has already been allowed and
probated in the country of its execution.

b) The will of a foreigner that is proven and allowed in a foreign country, in accordance
with the laws of that country, may be allowed, filed and recorded by the Philippine
courts. A copy of the will and the decree of allowance issued by the proper authorities in
the foreign country, must be duly authenticated, and filed with a petition for allowance
before the Philippine courts. The due execution of the will and the testamentary
capacity of the decedent need not be proven again. After hearing, the Philippine court
decides whether the will may be allowed in the Philippines.

9. What are the grounds for disallowance of a will?
Rule 76, Section 9. Grounds for disallowing will. The will shall be disallowed in any of
the following cases:
(a) If not executed and attested as required by law;
(b) If the testator was insane, or otherwise mentally incapable to make a will, at the
time of its execution;
(c) If it was executed under duress, or the influence of fear, or threats;
(d) If it was procured by undue and improper pressure and influence, on the part of
the beneficiary, or of some other person for his benefit;
(e) If the signature of the testator was procured by fraud or trick, and he did not
intend that the instrument should be his will at the time of fixing his signature
thereto.
10. When may a trustee be appointed?

A trustee may be appointed to carry into effect:
a. A will creating a trust but the testator omitted to appoint a trustee in the
Philippines (Testamentary trust); and
b. Other written instruments where the trustee therein declines, resigns, dies or is
removed before accomplishment of trust (contractual trust)