Philippine Bar review · Question

Practice question: Letters Testamentary (Rules 78–79)

Multiple Choice Hard

Practice question

An allowed will names several executors. One fails the required bond, while another is competent, accepts and supplies it. The first asserts its failure automatically blocks every qualifying coexecutor. Which is correct?
  1. Any individual bond failure invalidates all nominees
  2. Section5 permits the qualifying executor to act
  3. The estate automatically becomes ownerless
  4. Only a creditor may ever execute a will
  5. No executor may act unless every nominee does

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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