Iggy names Grace in last will

Posted at 02/11/2012 12:39 AM | Updated as of 02/11/2012 1:32 AM

Grace Ibuna and Ignacio “Iggy” Arroyo

MANILA, Philippines – A legal battle is looming between the camps of Grace Ibuna and Aleli Arroyo after a will left behind by the late Congressman Ignacio “Iggy” Arroyo was presented to a London court.

The will, which was executed by Iggy in San Francisco, California, was presented to Justice Peter Smith during a court proceeding attended by Ibuna’s solicitor Philippa Daniels and Atty. Tristan Jones, legal counsel of the funeral home where Iggy’s remains are kept.

Ibuna’s camp was given until Monday, February 13 to submit written evidence that would grant her a special power of attorney over the will because the document allegedly shows that Ibuna has rights over Iggy’s remains.

The case became complicated because Iggy, who executed the will in San Francisco, passed away in London.

According to his will, he wants to be buried beside his mother’s tomb in Manila.

There is no information, as of posting, as to the financial details of the will.

Justice Smith also advised Ibuna's camp to hire a legal expert from the Philippines to give counsel on the Philippines’ jurisdiction over the case and the effect that the testament will have on the claims of Iggy’s legal wife, Aleli.

Aleli was expected to bring home Iggy’s remains last weekend, but the funeral parlor received instructions from Ibuna that the lawmaker will be cremated in the United Kingdom.

Ibuna was at Iggy's bedside before he passed away on January 26. -- Reports from Danny Buenafe, Rose Eclarinal and Jomel Gutierrez, ABS-CBN Europe News Bureau


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6 comments

WILLy?

Saan ginawa ang will? Nasaan ang pera! Lahat sa US!
Buti nga para huminto na sila

Patriot

▼Leaked Last Will Document▼

http://vwv  pinakamagaling  com/iggy-lastwill


Validity of Will

Iggy’s Will is Valid under Philippine Law
A will is a personal act of the testator whereby he voluntarily gives to another his property. Under Philippine laws, a will may be considered valid and binding as long as it conforms to the laws of the place where the same was executed (Article 17, New Civil Code of the Philippines). Iggy Arroyo’s will is valid provided the forms and solemnities of American law, California has been adhered.
The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the “testator” or “testatrix”, and (c) signed by two witnesses who were present to witness the execution of the document by the maker and who also witnessed each other sign the document. In California, the laws regarding the valid execution and witnessing of a Will are set forth in the California Probate Code; Division 6 Wills and Intestate Succession; Part 1 Wills; Chapter 1 General Provisions Section 6100; Chapter 2 Execution of Wills, Sections 6110 & 6112; and, Division 7 Administration of Estates of Decedents; Part 2 Opening Estate Administration; Chapter 3 Probate of Will; Article 2 Proof of Will, Section 8220. In California, any person eighteen (18) or more years of age who is of sound mind may make a Will. (See: Section 6100) “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding.A Will must be in writing, signed by the testator and by two witnesses. If the testator is unable to physically sign his name he may direct another party to do it for him. The Will may also be signed by a conservator pursuant to a court order to make the Will. These parties may not be counted as one of the two required witnesses. Each witness must either see the testator sign the Will or be told by the testator that the signature on the Will is his, must understand that the document is the testator’s Will, and must sign the Will in the testator’s presence and in the presence of the other witness. (See: Section 6110)
Witnesses to a Will must be generally competent. Generally, it is recommended that the witnesses to the Will be “disinterested”, which means that they are not beneficiaries of the Will. A Will is not invalid if witnessed by an interested witness, but if there are not at least two other disinterested witnesses to the Will, the fact that the Will leaves a gift to a subscribing witness creates a presumption that the witness procured the gift by duress, menace, fraud, or undue influence. If a gift fails because the witness is not able to rebut the presumption, the interested witness must forfeit the portion of the gift that exceeds the value they would have received if the testator had died intestate. (See: Section 6112)
If a Will’s authenticity is unchallenged it may be probated in a simplified procedure if it has been self-

The will of Iggy must first undergo probate proceedings.Under Section 1, Rule 75 of the 1997 Rules of Court that, “No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.” Accordingly, the person who has custody of the will of Arroyo must deliver the will to the court of the place where Iggy last resided, or if he is a non-resident of the Philippines to the court of the place where the property is situated, within twenty days from the time he gains knowledge of the death of the testator (Section 2, Rule 75, id). The proper petition for allowance of the will must also be filed before said court, containing among others, the names, ages, and residences of the heirs, legatees and devisees, as well as the probable value and character of the property.
Should Grace prove in court that the will of Iggy conformed to California Laws with regard to forms and solemnities of his will, the court will issue an order for the allowance thereof. Thereafter, she may proceed with the partition of the property in accordance with the provisions of his will. On the other hand, if the will was disallowed by the court for failure to conform with pertinent laws, the laws on intestate succession shall be applied to the partition of the estate .
According to Art. 815 of the New Civil Code,
Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he may be. Such will may be probated in the Philippines.
A spouse can be disinherited under Art. 921 of the New Civil Code . The following shall be sufficient causes for disinheriting a spouse:
(2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false;
(4) When the spouse has given cause for legal separation;

Alei Arroyo has given cause for legal separation and has accused the testator of a crime of “ attempted murder”in 2006 and the accusation has been proven false.

Legal

last will

i think we should always follow patient's rights and will. as a legal wife i will not deny my husband's wish/will. as much as we want to keep our husband forever, sometimes they choose to be happy and be comforted by another woman. at least he didn't die alone in his cold hospital bed. we all want to die surrounded by loveones/family/friends.


last will

i think we should always follow patient's rights and will. as a legal wife i will not deny my husband's wish/will. as much as we want to keep our husband forever, sometimes they choose to be happy and be comforted by another woman. at least he didn't die alone in his cold hospital bed. we all want to die surrounded by loveones/family/friends.


last will

i think we should always follow patient's rights and will. as a legal wife i will not deny my husband's wish/will. as much as we want to keep our husband forever, sometimes they choose to be happy and be comforted by another woman. at least he didn't die alone in his cold hospital bed. we all want to die surrounded by loveones/family/friends.



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