Practice question
In the Abella setting, a provision seeks property the testator did not own, and ownership absence is admitted. A beneficiary relies solely on final allowance of the will to compel that disposition. Which is correct?
- Only the will’s paper quality matters
- Probate automatically cures nonownership
- A beneficiary can inherit any named stranger’s property
- Finality creates title out of nothing
- Allowance as to execution does not supply missing ownership
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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