In Re Will of Francisco Varela Calderon v. Miguel Varela Calderon

Summary

This probate case involved the validity of a holographic will executed by Filipino physician Francisco Varela Calderon in Paris, France. The deceased's siblings opposed probate, arguing the will violated French Civil Code requirements due to an added attestation clause by witnesses. The Supreme Court affirmed the trial court's decision to admit the will to probate, ruling that the will satisfied Article 970 of the French Civil Code as a holographic will since it was entirely handwritten, dated and signed by the testator. The court held that the attestation clause was superfluous and did not invalidate the will's holographic character. The decision established that foreign wills valid under their country of execution may be probated in the Philippines under Section 635 of the Code of Civil Procedure, affirming the principle of international comity in succession matters.