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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Decedent died testate in Legazpi City on September 20, 2025. His last will (dated 2011) named his son as executor. The son predeceased him in 2020 and did not designate a substitute. There is no living person named as executor who can qualify. A cousin files a petition for Letters Testamentary. The will is being contested by a nephew on grounds of lack of due execution. The probate court must decide: In light of the absence of a living named executor and the ongoing will contest, what instrument should the court issue to administer the estate, and why?

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Special Administrator appointed to preserve assets, with the expectation of issuing Letters of Administration with the Will annexed later if the will is admitted to probate. Dismiss the petition and wait for the will contest to conclude before any administration. Letters of Administration with the Will annexed to a qualified administrator appointed by the court, to preserve assets and manage the estate during probate and any will-contest proceedings. Appoint the decedent’s closest relative as executor ad hoc, substituting as if named in the will.

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