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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A will is admitted for due execution. Later in the same proceedings, parties seek enforcement of a specific disposition whose intrinsic legality is directly disputed. One insists a separate action is always indispensable merely because allowance is final. Which is best?
  1. Final allowance does not by itself bar the probate court’s proper examination of the distinct intrinsic issue
  2. Final allowance automatically cures every invalid disposition
  3. The court must disregard all parties’ substantive rights
  4. Every intrinsic issue is waived by the mere fact of probate
  5. Any extrinsic finding can be reopened without limit

Legal references

  • Abella v. Sumayod, G.R.269598, April2 2025: https://lawphil.net/judjuris/juri2025/apr2025/gr_269598_2025.html

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