Philippine Bar review · Question

Practice question: Allowance or Disallowance of Will (Rules 76– 77)

Multiple Choice Hard

Practice question

A contested attested will’s subscribing witness cannot remember attestation. Other competent evidence satisfies the court that lawful execution and attestation occurred, and all other requirements exist. Does Section11 require automatic disallowance solely from that memory failure?
  1. No, the rule permits allowance on the total competent evidence in that setting
  2. Any memory failure necessarily invalidates the will
  3. Only that witness may ever prove execution
  4. The judge must ignore every other witness
  5. The will becomes intestate by the witness’s preference

Legal references

  • Rules74 and76–79, relevant procedural provisions (current competent court assumed, without obsolete court labels or monetary jurisdiction): https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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