6 Opposition-to-Probate
6 Opposition-to-Probate
6 Opposition-to-Probate
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I. The will was not executed and attested as required by law
Article 839 of the Civil code provides that a will shall be disallowed if
the formalities required by law have not been complied with.
On the form of notarial (attested/ordinary) wills, Article 805 the New
Civil Code provides:
Art. 805. Every will, other than a holographic will, must be subscribed
at the end thereof by the testator himself or by the testator's name written by
some other person in his presence, and by his express direction, and attested
and subscribed by three or more credible witnesses in the presence of the
testator and of one another.
The testator or the person requested by him to write his name and the
instrumental witnesses of the will, shall also sign, as aforesaid, each and every
page thereof, except the last, on the left margin, and all the pages shall be
numbered correlatively in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon which the will
is written, and the fact that the testator signed the will and every page thereof,
or caused some other person to write his name, under his express direction, in
the presence of the instrumental witnesses, and that the latter witnessed and
signed the will and all the pages thereof in the presence of the testator and of
one another.
PRAYER
1. the Petition for the probate of the alleged will of the late JOSE L.
REYES SR, be denied;
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2. the estate of the late JOSE L. REYES, JR be partitioned in accordance
with the laws on intestacy; and
3. other just and equitable remedies.
Respectfully submitted.
JOSE L. REYES, JR
Affiant
TIN 1423-000, Iloilo City
Doc. No. 5;
Page No. 2;
Book No.1;
Series of 2023
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