Practice question
A family proposes to use Section 1 despite a known will, claiming that a public instrument always replaces probate. Which is correct?
- Section 1's stated route requires that the decedent left no will; the instrument alone cannot dispense with that condition.
- Any family agreement automatically cancels every will.
- The register of deeds determines the will's validity by receiving the document.
- Publication necessarily proves intestacy.
- No legal distinction exists between testate and intestate estates.
Legal references
- https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html — Rule 74, Section 1.
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