Rule 77

 ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE THEREUNDER

 

Prepared by: Marcko Lim

 

 

                  A will allowed or probated in a foreign country, must be RE-PROBATED in thePhilippines. If the decedent owns properties in different countries, separate administration proceedings must be had in said countries.

TWO TYPES OF ESTATE PROCEEDINGS:

 

1. Domicilliary administration –the proceeding instituted in last residence of the decedent.

 

2. Ancillary administration – the administration proceedings where he left his estate.

 

REQUISITES OF ANCILLARY

ADMINISTRATION (Sec.2)

 

1. there must be a will (inferred from the wordings of Rule 77);

2. filing of:

a) copy of the will executed in foreign country;

b) order or decree of foreign court allowing such

will; and

c) authentication of

requisites a and b above;

c.1. notice of time and place of hearing;

c.2. hearing; and

c.3. certificate of allowance.

 

Question: Can a will executed and proved in a foreign country be allowed in the Philippines under Rule 77?

YES. Provided that the following must be proved:

 

a. foreign court must have jurisdiction over the proceeding;

b. domicile of testator/decedent in the foreign country and not in

the Philippines;

 

1. that the will has been admitted to probate in such country;

2. it was made with the formalities prescribed by the law of the place in which the decedent resides, or according to the formalities observed in his country, or in conformity with the formalities prescribed by our Civil Code; and

3. due execution of the will in accordance with the foreign laws.

 

 

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See  G.R. No. 76714 June 2, 1994 SALUD TEODORO VDA. DE PEREZ, petitioner, vs. HON. ZOTICO A. TOLETE in his capacity as Presiding Judge, Branch 18, RTC,Bulacan, respondent.