Civil Law, 2022 Bar — Question I-15-b

ESSAY

Miguel, who died single and childless, was survived by his two legitimate brothers Romy and Rolly, and his nephews Arno and Pabs, the legitimate sons of his predeceased legitimate brother Edgar. Before his death, Miguel executed a one-page notarial will, inclusive of an attestation clause and a notarial acknowledgement, with only one testamentary disposition bequeathing his entire estate to Romy and Rolly. The will was not paginated and was attested by four witnesses: Uno, Dos, Tres, and Quatro. It was the eve of Quatro's 17th birthday when the will was executed. The will was written in the Ilocano dialect which Miguel knew and understood, but the witnesses did not. Miguel and the witnesses signed at the end of the testamentary disposition. The attestation was also written in the Ilocano dialect which, when translated to the English language, read as follows: "This will of Miguel was written in ONE page. We, the attesting witnesses, signed at the end of the will and at the bottom of this attestation in the presence of Miguel and of each of us." Each of the four witnesses signed below the attestation clause. Because none of the witnesses knew and understood the Ilocano dialect, the attestation was interpreted to them by Miguel's lawyer who was present to notarize the will. (b) May the will nonetheless be admitted to probate? Explain briefly. (5 points)

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