Practice question
After final probate limited to execution, the court examines a provision’s intrinsic validity at the execution stage. A party says every such inquiry collaterally attacks the settled formal execution. Which is sound?
- The distinct intrinsic inquiry does not necessarily reopen formal execution
- Every intrinsic question is identical to formal forgery
- Only a wholly separate case can ever examine intrinsic validity
- Probate makes every provision immune
- The court must ignore the actual issue
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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