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Question 5
5. Gomez died leaving his wife Morticia and daughter Wednesday.
Thereafter, Morticia filed a petition for probate of Gomez’s holographic
will before the Regional Trial Court (RTC). The holographic will
contained a detailed distribution of Gomez’s estate. Wednesday opposed
the petition on the ground that it failed to allege that earnest efforts have
been made among the surviving family members towards an amicable
settlement of the estate of the deceased. The RTC dismissed the petition
for probate absent compliance with a condition precedent as mandated by
Article 151 of the Family Code. Is the RTC correct in dismissing the
petition for probate for failure to allege earnest efforts toward a
compromise? Explain.
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