Practice question
A final probate order decides only due execution. A devisee says this necessarily settles the intrinsic validity of all allocations. Which is correct?
- The order creates every requested share
- Every allocation necessarily was adjudicated
- Extrinsic and intrinsic always mean the same
- The conclusive execution finding does not automatically decide all allocations
- A probate caption replaces substantive succession law
Legal references
- Rule39 Sections16,26,47–48: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rule75 Section1, allowance conclusive as to due execution: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
- Abella v. Sumayod, GR269598, April2,2025, MAIN ruling distinguishing probate extrinsic and intrinsic validity: https://lawphil.net/judjuris/juri2025/apr2025/gr_269598_2025.html
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