This case has been cited 1 times or more.
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2016-02-03 |
BRION, J. |
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| The general rule is that in probate proceedings, the scope of the court's inquiry is limited to questions on the extrinsic validity of the will; the probate court will only determine the will's formal validity and due execution.[8] However, this rule is not inflexible and absolute.[9] It is not beyond the probate court's jurisdiction to pass upon the intrinsic validity of the will when so warranted by exceptional circumstances.[10] When practical considerations demand that the intrinsic validity of the will be passed upon even before it is probated, the probate court should meet the issue.[11] | |||||