The following are the questions which a probate court can determine, except:

Related MCQs

• Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate is invalid. Is the objection tenable?
• Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua’s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.
• A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?
• At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?
• A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?
• A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?
• Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospitals, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta, experienced a stomach ache and kept going to the restroom for long period of time. Hannah while waiting for her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing Benjamin, aside from witnessing the will. Also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly.
• X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent their disinherited father?
• X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?
• The attestation in the will of A omitted to state that the testator signed the pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the probate proceeding?