Practice question
An allowed will names an adult Philippine resident who accepts the trust, but evidence shows unfitness through serious want of integrity. The nominee says personal selection by the testator conclusively defeats judicial scrutiny. Which is best?
- The court must evaluate competence and fitness under Rule78; nomination is not conclusive immunity
- Every nominee is competent regardless of proof
- Only age can ever matter
- All heirs must privately punish the nominee first
- Unfitness automatically invalidates every testamentary gift
Legal references
- Rule78 Sections1 and4: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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