Tuesday, June 5, 2012

IN PROBATE PROCEEDINGS, THE COURT’S AREA OF INQUIRY IS LIMITED TO AN EXAMINATION AND RESOLUTION OF THE EXTRINSIC VALIDITY OF THE WILL.


The rule, however, is not inflexible and absolute. When practical considerations demand that the intrinsic validity of the will be passed upon, even before it is probated, the court should meet the issue head on. In this case, a devise given by a married man to his concubine is declared void even if the will was not yet probated. (NEPOMUCENO vs. COURT OF APPEALS, G.R. No. L-62952, October 9, 1985). 

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