Philippine Bar review · Question

Practice question: Letters Testamentary (Rules 78–79)

Multiple Choice Medium

Practice question

Two executors are named; one is disqualified while the other is competent, accepts and gives the required bond. Must both fail solely because one cannot serve?
  1. Yes, one disqualification necessarily defeats every nominee
  2. The disqualified nominee may privately waive the rule
  3. The sheriff must replace both automatically
  4. No; letters may issue to the qualifying coexecutor under Section5
  5. The will becomes void solely for that reason

Legal references

  • Rule78 Section5: https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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