Flashcards Studio

Decedent Aurora Tan died testate in Manila on October 15, 2024. Her last will (dated 2018) named her husband, Tomas Tan, as executor. Tomas predeceased her in 2020 and did not designate a substitute. There is no living person named as executor who can qualify. A cousin files a petition for Letters Testamentary. The will is being contested by a nephew who alleges 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 Aurora Tan'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?