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Q. |
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? |
A. | Yes, because the probate of a will is imprescriptible as it is mandated by public policy. |
B. | No more because it has already prescribed. |
C. | Yes because they cannot extrajudicially settle the estate due to the existence of a will. |
D. | No more because of laches. |
Answer» A. Yes, because the probate of a will is imprescriptible as it is mandated by public policy. |
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