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    Estate of Gibberson

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    Mharey
    William Gibberson, an American citizen, executed a will in California in accordance with California law. After his death in Manila, his son Spring Gibberson opposed the probate of the will, arguing that it did not reflect his father's true intentions and that it was not first probated in California. The court held that the will could be probated in the Philippines, as Philippine law allows wills executed abroad to be probated locally if they comply with the laws of the place of execution. An individual has the right to dispose of their property through a will executed anywhere, as long as it follows the laws of where it was made.

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    Estate of Gibberson

    Uploaded by

    Mharey
    123 views1 page
    William Gibberson, an American citizen, executed a will in California in accordance with California law. After his death in Manila, his son Spring Gibberson opposed the probate of the will, arguing that it did not reflect his father's true intentions and that it was not first probated in California. The court held that the will could be probated in the Philippines, as Philippine law allows wills executed abroad to be probated locally if they comply with the laws of the place of execution. An individual has the right to dispose of their property through a will executed anywhere, as long as it follows the laws of where it was made.

    Original Description:

    wills and succession

    Original Title

    ESTATE OF GIBBERSON

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    William Gibberson, an American citizen, executed a will in California in accordance with California law. After his death in Manila, his son Spring Gibberson opposed the probate of the will, arguing that it did not reflect his father's true intentions and that it was not first probated in California. The court held that the will could be probated in the Philippines, as Philippine law allows wills executed abroad to be probated locally if they comply with the laws of the place of execution. An individual has the right to dispose of their property through a will executed anywhere, as long as it follows the laws of where it was made.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    123 views1 page

    Estate of Gibberson

    Uploaded by

    Mharey
    William Gibberson, an American citizen, executed a will in California in accordance with California law. After his death in Manila, his son Spring Gibberson opposed the probate of the will, arguing that it did not reflect his father's true intentions and that it was not first probated in California. The court held that the will could be probated in the Philippines, as Philippine law allows wills executed abroad to be probated locally if they comply with the laws of the place of execution. An individual has the right to dispose of their property through a will executed anywhere, as long as it follows the laws of where it was made.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ESTATE OF GIBBERSON

    G.R. NO. L-4113


    DOCTRINE:
    - If an alien executes a will in the Philippines, not in conformity with our law, but in conformity with the law of
    his own state or country, the will can be probated in the Philippines.
    - The requirement of law is that it must comply with the laws of the country where it was executed for validity
    and not probate on the country for execution.
    - An alien who makes a will in a place other than his country is permitted to follow the laws of his own country
    as sanctioned by the Civil Code. On the other hand, the Rules provide that wills proved and allowed in a
    foreign country, according to the laws of such country, may be allowed, filed and recorded by the proper
    Court of First Instance in the Philippines.

    FACTS:
    -A certain Lela G. Dalton filed a request for the legalization of a document purported by her as the testament of William
    Gibberson. Meanwhile, Spring Gibberson who is the son of William Gibberson filed an opposition claiming that it does not
    represent the true will of late Gibberson. He claimed that before a will issued in a foreign country be legalized in the Philippines,
    it must first be legalized in that foreign country.

    ISSUE: WON the testament of late William Gibberson can be legalized in the Philippines?

    HELD:
    -Yes.
    Art. 1, Rule 78 of the Civil Procedure does not prevent a testament issued in a foreign country to be legalized in the Philippines
    nor does it require it to be previously legalize in that country.

    Facts: An action to probate document was filed alleging it was the will of Illinois citizen Giberson and was executed in California.

    Giberson died in UST concentration Camp in Manila. Spring, son of Giberson opposed the proceeding claiming that it is void because it does
    not reflect the true intent of the deceased and the same was not executed according to the law. (California law requires that the will must
    be probated in the place of execution before it be probate din the Philippines.)

    Issue: whether the will of Giberson can be probated in the Philippines despite the fact that there was no showing that the will was probated
    in the place of execution?

    Held: The will can be probated in the Philippines due to the fact that person has a right to dispose of his property after death through a will
    and he is not compelled to execute the will in the Philippines. He can do so in his own country or anywhere else provided it complies with
    the laws of the place where it was executed. The Rules in Civil Procedure respects the right of a testator to make his will anywhere he likes
    and the same can be probated here. It is a substantive right and cannot be negated by rules.

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