Philippine Bar review · Question

Practice question: Letters Testamentary (Rules 78–79)

Multiple Choice Hard

Practice question

A named executor refuses the trust and no other named executor can qualify. A beneficiary argues there can be no administration because a will exists. Which is best?
  1. The estate must remain unmanaged forever
  2. Administration with the will annexed is available under the governing Rules
  3. The will is automatically destroyed
  4. The refusing nominee remains compelled to serve as sole executor
  5. Every creditor may seize property without administration

Legal references

  • Rule78 Section6; Rule79 Section1: https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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