Dela Cerna v. Potot, G.R. No. L-20234, December 23, 1964.

20 Jul

[REYES, J.B.L., J.]


A joint will was executed by Bernabe dela Cerna and Gervasia Rebaca. Bernabe dela Cerna died on August 30, 1939, and the aforesaid will was probated on October 31, 1939. Upon the death of Gervasia Rebaca on October 14, 1952, another petition for the probate of the same will insofar as Gervasia was concerned was filed on November 6, 1952. The second probate was denied because the will was allegedly executed contrary to the prohibition of joint wills.



Whether a joint will may be denied subsequent probate after it was admitted in prior probate proceedings.



NO. It is true the law (Art. 669, old Civil Code; Art. 818, new Civil Code) prohibits the making of a will jointly by two or more persons either for their reciprocal benefit or for the benefit of a third person. However, as in the present case, the joint last will and testament has been admitted to probate by final order of a Court of competent jurisdiction, so that there seems to be no alternative except to give effect to the provisions thereof that are not contrary to law. It follows that the validity of the joint will, in so far as the estate of Gervasia was concerned, must be, on her death, reexamined and adjudicated de novo, since a joint will is considered a separate will of each testator.

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Posted by on July 20, 2017 in Case Digests, Civil Law, Succession


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