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    In Re - Will of Rev. Abadia, GR L-7188, August 9, 1954

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    Kathrine Marie Abquina
    Father Abadia executed a holographic will in 1923, but holographic wills were not permitted by law at that time. He died in 1943. In 1952, the will was presented for probate and some heirs contested it. The court held that the validity of the will must be judged by the law at the time of execution in 1923, not the newer law in effect in 1952 that permitted holographic wills. As the will did not meet the legal requirements in 1923, it was invalid. The estate passed through intestate succession to the heirs, and no subsequent law could validate the defective will or divest the heirs of their rights.

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    In Re - Will of Rev. Abadia, GR L-7188, August 9, 1954

    Uploaded by

    Kathrine Marie Abquina
    98 views2 pages
    Father Abadia executed a holographic will in 1923, but holographic wills were not permitted by law at that time. He died in 1943. In 1952, the will was presented for probate and some heirs contested it. The court held that the validity of the will must be judged by the law at the time of execution in 1923, not the newer law in effect in 1952 that permitted holographic wills. As the will did not meet the legal requirements in 1923, it was invalid. The estate passed through intestate succession to the heirs, and no subsequent law could validate the defective will or divest the heirs of their rights.

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    In Re_ Will of Rev. Abadia, GR L-7188, August 9, 1954

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    Father Abadia executed a holographic will in 1923, but holographic wills were not permitted by law at that time. He died in 1943. In 1952, the will was presented for probate and some heirs contested it. The court held that the validity of the will must be judged by the law at the time of execution in 1923, not the newer law in effect in 1952 that permitted holographic wills. As the will did not meet the legal requirements in 1923, it was invalid. The estate passed through intestate succession to the heirs, and no subsequent law could validate the defective will or divest the heirs of their rights.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    98 views2 pages

    In Re - Will of Rev. Abadia, GR L-7188, August 9, 1954

    Uploaded by

    Kathrine Marie Abquina
    Father Abadia executed a holographic will in 1923, but holographic wills were not permitted by law at that time. He died in 1943. In 1952, the will was presented for probate and some heirs contested it. The court held that the validity of the will must be judged by the law at the time of execution in 1923, not the newer law in effect in 1952 that permitted holographic wills. As the will did not meet the legal requirements in 1923, it was invalid. The estate passed through intestate succession to the heirs, and no subsequent law could validate the defective will or divest the heirs of their rights.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    1. In Re: Will of Rev.

    Abadia, GR L-7188, August 9, 1954

    Doctrine:
    VALIDITY OF WILLS AS TO FORM DEPENDS UPON LAW IN FORCE AT TlME OF EXECUTION;
    TlTLE OF LEGATEES AND DEVISEES UNDER WILL VESTS FROM TIME OF ExECUTION.— The
    validity of a will as to form is to be judged not by the law in force at the time of the testator's death or at
    the time the supposed will is presented in court for probate or when the petition is decided by the court
    but at the time the instrument was executed. One reason in support of the rule is that although the will
    operates upon and after the death of the testator, the wishes of the testator about the disposition of his
    estate among his heirs and among the legatees is given solemn expression at the time the will is executed,
    and in reality, the legacy or bequest then becomes a completed act.

    EXECUTION OF WILLS; LAW SUBSEQUENTLY PASSED, ADDING NEW REQUIREMENTS AS


    TO EXECUTION OF WILLS; FAILURE TO OBSERVE FORMAL REQUIREMENTS AT TIME OF
    EXECUTION INVALIDATES WlLLS; HEIRS INHERIT BY INTESTATE SUCCESSION;
    LEGISLATURE CAN NOT VALIDATE VOID WILLS.—From the day of the death of the testator, if
    he leaves a will, the title of the legatees and devisees under it becomes a vested right, protected
    under the due process clause of the Constitution against a subsequent change in the statute adding new
    legal requirements of execution of wills, which would invalidate such a will. By parity of reasoning, when
    one executes a will which is invalid for failure to observe and follow the legal requirements at the time of
    its execution then upon his death he should be regarded and declared as having died intestate, and his
    heirs will then inherit by intestate succession, and no subsequent law with more liberal requirements
    or which dispenses with such requirements as to execution should be allowed to validate a defective
    will and thereby divest the heirs of their vested rights in the estate by intestate succession. The
    general rule is that the Legislature can not validate void wills.

    Facts: Father Abadia executed a holographic will in 1923. He died on January 14, 1943. On
    October 2, 1946, Andres Enriquez, one of the legatees in the will, filed a petition for its probate
    in the CFI of Cebu. Some of the cousins and nephews who would inherit the estate of the
    deceased if he left no will, filed opposition. The said will was admitted to probate on January 24,
    1952.

    Holographic wills were not yet permitted by law at the time the said will was executed, and the
    law at that time imposed certain requirements for the execution of wills. Said requirements were
    not complied with in this case. And at the time of the hearing and when the case was to be
    decided, the new Civil Code was already in force, which Code permitted the execution of
    holographic wills.

    Issue: What is the applicable law as to the validity of the holographic will?

    Held: The old civil code applies. Article 795 of this same new Civil Code expressly provides:
    "The validity of a will as to its form depends upon the observance of the law in force at
    the time it is made. By parity of reasoning, when one executes a will which is invalid for
    failure to observe and follow the legal requirements at the time of its execution then upon
    his death he should be regarded and declared as having died intestate, and his heirs will
    then inherit by intestate succession, and no subsequent law with more liberal requirements or
    which dispenses with such requirements as to execution should be allowed to validate a
    defective will and thereby divest the heirs of their vested rights in the estate by intestate
    succession. The general rule is that the Legislature can not validate void wills.

    Notes:
    Art.795 is an expression or statement of the weight of authority to the affect that the
    validity of a will is to be judged not by the law enforce at the time of the testator's death
    or at the time the supposed will is presented in court for probate or when the petition is
    decided by the court but at the time the instrument was executed.
    Although the will operates upon and after the death of the testator, the wishes of the
    testator about the disposition of his estate among his heirs and among the legatees is
    given solemn expression at the time the will is executed, and in reality, the legacy or
    bequest then becomes a completed act.

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