Rule 98.

Trustees
The appointment of a trustee under Rule 98 is
necessary if a testator has omitted in his will to
appoint a trustee in the Philippines, and if such
appointment is necessary to carry into effect
the provisions of the will (Sec. 2 Rule 98) as
where the testator has provided therein that
certain portions of his property be placed in
trust.

Court which appoints the trustee:

The court in which the will was allowed, in the

case of a will allowed in the Philippines.

If the will was allowed in a foreign country, then

the court of the place in which the property, or
some portion thereof, affected by the trust is
situated. (Sec. 1 Rule 98).

Before entering on the duties of his trust, the

trustee shall file a bond with the court having
jurisdiction over the trust.

The court may exempt a trustee appointed in

the will from posting a bond if the testator has
directed or requested such exemption.

The court may exempt any trustee (whether

appointed in the will or not) when all persons
beneficially interested in the trust, being of legal
age, request such exemption. (Sec. 5 Rule 98).

The following conditions shall be deemed a part of the bond whether written therein or not:

1. INVENTORY. The trustee shall submit to the court an inventory of the personal and real estate
belonging to him as trustee which shall have come to his possession or knowledge.

2. MANAGEMENT AND DISPOSITION. The trustee shall manage and dispose of such estate and
faithfully discharge his trust in relation thereto.

3. ACCOUNT. The trustee shall render under oath at least once a year until his trust is fulfilled an
account of the property in his hands and of the management and disposition thereof.

4. SETTLEMENT OF ACCOUNTS. The trustee shall settle his accounts and deliver the remaining
estate in his hands to those entitled thereto. (Sec. 6 Rule 98).