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Contents of Petition
The jurisdictional facts
Names,ages, residence of the heirs,legatees, devisees of the testator or
decedent.
Character and value of the estate,
Person prayed to be the administrator
Notarial will- at least one subscribing witness should testify as to the due
execution of the will.
Holographic will- at least one witness to prove the handwriting and the
signature of he testator.
That the will was executed strictly in accordance with the formalities required
by law
That the testator was of sound and desposing mind at the time of its
execution
That there was no vitiation of consent through duress, fear or threats
That the signature of the testator is genuine.
If all the subscribing witnesses are dead, incompetent or unavailable, it will not
prevent the establishment of the due execution and attestation of the will as long as
its essentials are proved.
If the proponent cannot present all the subscribing witnesses, proof of will by nonsubscribing witness cannot be authorized.
Grounds for disallowance of will:
If not excuted and attested as required by law;
If the testator was insane or otherwise mentally incapable at the time of its
exeution;
If the signature of the testator was procured by fraud or trick, and he did not
intend that the instrument should be his will at the of time of fixing his
signature thereto.
clerk. Attested copies of devising real estate &certificate of allowance thereof shall
be recorded in the Register of Deeds of the province which the lands lie.