RULE 77 5.

due execution of the will in

ALLOWANCE OF WILL PROVED accordance with the foreign laws.
OUTSIDE OF PHILIPPINES AND (Regalado)
ADMINISTRATION OF ESTATE
THEREUNDER EFFECTS
1. the will shall have the same effect as
A will allowed or probated in a foreign if originally proved and allowed in
country, must be RE-PROBATED in the court of the Philippines.
Philippines. If the decedent owns properties 2. letters testamentary or administration
in different countries, separate with a will annexed shall extend to
administration proceedings must be had in all estates of the Philippines.
said countries. Residue of estate after payment of debts, etc.
shall be disposed of as provided by law in
TWO TYPES OF ESTATE cases of estates in Philippines belonging to
PROCEEDINGS: persons who are inhabitants of another state
1. Domicilliary administration - the or country.
proceeding instituted in last
residence of the decedent.
2. Ancillary administration - the
administration proceedings where he
left his estate.

REQUISITES OF ANCILLARY
ADMINISTRATION (Sec.2)
1. there must be a will (inferred from
the wordings of Rule 77);
2. filing of:
a) copy of the will executed in
foreign country;
b) order or decree of foreign court
allowing such will; and
c) authentication of requisites a and
b above;
3. notice of time and place of hearing;
4. hearing; and
5. certificate of allowance.

Can a will executed and proved in a

foreign country be allowed in the
Philippines under Rule 77?
YES. Provided that the following must be
proved:
1. foreign court must have jurisdiction
over the proceeding;
2. domicile of testator/decedent in the
foreign country and not in the
Philippines;
3. that the will has been admitted to
probate in such country;
4. it was made with the formalities
prescribed by the law of the place in
which the decedent resides, or
according to the formalities observed
in his country, or in conformity with
the formalities prescribed by our
Civil Code; and