[Solved] 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?

Q.	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?
A.	Yes, to give due course to the petition for probate;
B.	No, because such fact cannot be determined from an examination of the will itself;
C.	Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
D.	Yes, because the court should give tender care to the will.
Answer» B. No, because such fact cannot be determined from an examination of the will itself;

1.9k

Do you find this helpful?

View all MCQs in

Philippines Civil Law Society

Discussion

No comments yet

Related MCQs

A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition.
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.
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?
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?
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 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?
The attestation clause of X’s will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Choose the best answer.
A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. Will this action prosper?
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?
State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.