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Can Second Will Be Probated After Death?

Started by MikeLigalig.com, December 12, 2012, 10:57:04 PM

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Alsua-Betts, et al. v. Court of Appeals, et al.
L-46430-31, July 30, 1979

FACTS: After executing a holographic will which was later probated during his lifetime, the deceased executed an-other will, but this second will he did not submit to the court for probate while still alive. Can the second will be probated after his death?

HELD: Yes, for the fact of non-submission to probate during his lifetime of the second will does not indicate any defect in the requisite testamentary capacity. Besides, a will is revocable at any time by the testator while still alive.

source: Civil Code of the Philippines
For God so loved the world, that he gave his only Son (Jesus Christ), that whoever believes in him should not perish but have eternal life. For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him. Whoever believes in him is not condemned, but whoever does not believe is condemned already, because he has not believed in the name of the only Son of God. - John 3:16-18

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