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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Decedent Rosa Dizon died testate in Pasig City on January 12, 2019. Her last will (dated 2011) named her sister, Lilia Dizon, as executor. Lilia predeceased Rosa in 2015 and did not designate a substitute. There is a living cousin, Marco Dizon, who files a petition for Letters Testamentary. A nephew challenges the will on grounds of lack of due execution and lack of testamentary capacity. The probate court must decide: (a) In light of the absence of a living named executor and the ongoing will contest, what instrument should the court issue to administer Rosa Dizon's estate, and why? (b) Who may be appointed to administer the estate, and on what basis, and what is the effect if no substitute executor exists in the will? (c) What are the practical effects on creditors and potential claimants during the interim before appointment and after appointment, and how does the will contest interact with administration?

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Clara

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