file:spcpro_part12.htm
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Supreme Court of the Philippines
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1. Appointment
Upon a proper petition, a trustee may be appointed to carry into effect the
provisions of a will or written instrument. 252
The appointment will be made if the testator omitted in his will A nonresident alien
may not avail himself of the same right; such as to appoint a trustee in the
Philippines, and if the appointment is necessary to proceeding would not be of
much benefit to him. 253
2. Venue
The petition may be filed in the RTC (CFI) in which the will is allowed if
allowed here; 254
if not, by the RTC (CFI) in the region in which the property or part thereof
affected by the trust is situated. 255
3. Notice
No publication is required but the appointment is after notice to all
persons interested. 256
4. Bond, inventory and sale of trust estate
Similar to executors and administrators, the trustee also files a bond
except when the court exempts him. 257
He also files an inventory. He may sell or encumber trust property with court
approval. 258