Thursday, July 24, 2014
COURTS ARE TASKED TO DETERMINE NOTHING MORE THAN THE EXTRINSIC VALIDITY OF A WILL IN PROBATE PROCEEDINGS. DUE EXECUTION OF THE WILL OR ITS EXTRINSIC VALIDITY PERTAINS TO WHETHER THE TESTATOR, BEING OF SOUND MIND, FREELY EXECUTED THE WILL IN ACCORDANCE WITH THE FORMALITIES PRESCRIBED BY LAW:
The
burden of proof that the testator was not of sound mind at the time of making
his dispositions is on the person who opposes the probate of the will; but if the
testator, one month, or less, before making his will was publicly known to be
insane, the person who maintains the validity of the will must prove that the
testator made it during a lucid interval.
x x x x An essential element of the validity of the Will is the willingness of
the testator or testatrix to execute the document that will distribute his/her
earthly possessions upon his/her death. (Antonio
B. Baltazar et al. vs. Lorenzo
Laxa, G.R. No. 174489, April 11,
2012, DEL CASTILLO, J.).
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