- Statute
- Civil Code
- Article
- Art. 838
- Topic
- Testamentary Succession
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Year
- 1949
The provision
No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution. (n)
Cases applying this article
- Marites Mercado Linaac v. Heirs of Restituto Mercado G.R. No. 215808
- Alejandra Arado Heirs: Jesusa Arado v. Arado G.R. No. 163362
- Spouses Ricardo Pascual v. Court of Appeals G.R. No. 115925
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