Czarina died single. She left all her properties by will to her friend Duqueza. In the will, Czarina stated that she did not recognize Marco as an adopted son because of his disrespectful conduct towards her.
Duqueza soon instituted an action for probate of Czarina’s will. Marco, on the other hand, instituted intestate proceedings. Both actions were consolidated before the RTC of Pasig. On motion of Marco, Duqueza’s petition was ordered dismissed on the ground that the will is void for depriving him of his legitime. Argue for Duqueza. (5%)
Suggested answer only. Not an official answer and not legal advice.
The order dismissing the probate petition is erroneous and must be set aside. Under the Rules of Court and jurisprudence, the jurisdiction of a probate court is strictly limited to the extrinsic validity of the will, which covers due
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Quick check
What is the primary scope of jurisdiction of a probate court during proceedings for the allowance of a will?
The jurisdiction of a probate court during probate is strictly limited to examining the extrinsic validity of the will.
Which of the following issues pertains to the intrinsic validity of a will?
Preterition and validity of disinheritance are issues of intrinsic validity concerning substantive testamentary provisions.
May a trial court dismiss a petition for probate on the ground that the will deprives a compulsory heir of his legitime?
Impairment of legitime is an intrinsic validity issue that cannot be used to dismiss a probate petition prior to probate.
What is the legal effect of express disinheritance stated in a will for disrespectful conduct?
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When may a court examine the intrinsic validity or substantive provisions of a last will?
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Learn more about these topics
1. Probate Court Jurisdiction
Under Rule 75 and Rule 76 of the Rules of Court, the jurisdiction of a probate court in allowance of a will is strictly limited to determining extrinsic validity. Extrinsic validity focuses exclusively on whether the testator had testamentary capacity, whether the will was executed in accordance with statutory formalities, and whether it was executed freely without force, duress, or undue influence. The probate court cannot pass upon the intrinsic validity of testamentary dispositions prior to the formal allowance of the will.
2. Extrinsic vs Intrinsic
Extrinsic validity concerns the formal execution and solemnities required by law for a valid will, whereas intrinsic validity involves the legality of the substantive provisions, such as claims of preterition, disinheritance, or impairment of legitime. Questions touching upon intrinsic validity do not affect the probate of a will and cannot be raised as a ground for dismissing a probate petition prior to the examination of due execution. Intrinsic questions are properly adjudicated only after the will is admitted to probate.
3. Disinheritance and Preterition
Preterition is the total omission of a compulsory heir in the direct line from the inheritance, which annuls the institution of heir under the Civil Code. In contrast, express disinheritance based on a stated legal cause, such as disrespectful conduct or mistreatment, is a matter of intrinsic validity governed by rules on disinheritance. Whether a disinheritance is lawful or invalid cannot be used to abort probate proceedings, because the court must first determine whether the instrument itself is the genuine last will.