London Estate Testamentary Maria John Couple Joint Explain

b) John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine citizenship by naturalization after their marriage.  During their marriage, the couple acquired substantial landholdings in London and in Makati. Maria begot three (3) children, Jorge, Luisito, and Joshur. In one of their trips to London, the couple executed a joint will appointing each other as their heirs and providing that upon the death of the survivor between them, the entire estate would go to Jorge and Luisito only but the two (2) could not dispose of nor divide the London estate as long as they live. John and Maria died tragically in the London subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of their parents' will before a Makati Regional Trial Court. Joshur vehemently objected because he was preterited.

1. Should the will be admitted to probate? Explain. (2%)

2. Are the testamentary dispositions valid? Explain. (2%)

3. Is the testamentary prohibition against the division of the London estate valid? Explain. ( 1%)

SUGGESTED ANSWER:

1.  No,  the will should not be admitted to probate.  Since the couple are both Filipino citizens, Articles 818 and 819 of the NCC shall apply.  Said articles prohibit the execution of joint wills and make them void, even though authorized by the laws of the country where they were executed.

2.  Since joint will is void, all the testamentary dispositions written therein are also void.  However, if the will is valid, the institutions of heirs shall be annulled because Joshur was preterited.  He was preterited because he will receive nothing from the will, he will receive nothing by intestacy, and the facts do not show that he received anything as an advance on his inheritance.  He was totally excluded from the inheritance of his parents.

3.  Assuming the will of John and Maria is valid, the testamentary prohibition on the division of the London estate shall be valid but only for 20 years.  Under Articles 1083 and 494 of the NCC, a testamentary disposition of the testator cannot forbid the partition of all or part of his estate for a period longer than twenty years.