Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua's signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.
A)X can still be prosecuted.
B)X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
C)The probate of the will is res judicata to the prosecution of X.
D)X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.

Question

Quizplus · Accepted Answer

The probate of a will is a judicial determination that the will is valid and that it should be admitted to probate. This determination is binding on all parties, including the prosecution. Therefore, X can no longer be prosecuted for forgery because the admission of the will to probate is the best evidence of its due execution.

Mr Tiok Chua Executed a Last Will and Testament