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Can Second Will Be Probated After Death?
« on: December 12, 2012, 10:57:04 PM »
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

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