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Will Formalities and Requirements

The document outlines various requirements and rules regarding wills under Philippine law. It discusses how wills must be acknowledged before a notary, the additional requirements if a testator is deaf/blind, allows for minor defects as long as the will was substantially complied with, and establishes that holographic wills can be entirely handwritten and do not require witnesses. It also discusses probate requirements for holographic wills and additional rules regarding dates, signatures, insertions or alterations. The document provides for wills of foreigners to be valid if following the laws of their home country or location of residence. Finally, it states that joint or reciprocal wills by Filipinos are not valid.

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Michael Renz Palabay
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38 views2 pages

Will Formalities and Requirements

The document outlines various requirements and rules regarding wills under Philippine law. It discusses how wills must be acknowledged before a notary, the additional requirements if a testator is deaf/blind, allows for minor defects as long as the will was substantially complied with, and establishes that holographic wills can be entirely handwritten and do not require witnesses. It also discusses probate requirements for holographic wills and additional rules regarding dates, signatures, insertions or alterations. The document provides for wills of foreigners to be valid if following the laws of their home country or location of residence. Finally, it states that joint or reciprocal wills by Filipinos are not valid.

Uploaded by

Michael Renz Palabay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Art. 806.

Every will must be acknowledged before a notary public by the testator and the
witnesses. The notary public shall not be required to retain a copy of the will, or file
another with the office of the Clerk of Court.

Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able
to do so; otherwise, he shall designate two persons to read it and communicate to him,
In some practicable manner, the contents thereof.

Art. 808. If the testator is blind, the will shall be read to him twice; once, by one of the
subscribing witnesses, and again, by the notary public before whom the will is
acknowledged.

Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure
and influence, defects and imperfections in the form of attestation or in the language
used therein shall not render the will invalid if it is proved that the will was in fact
executed and attested in substantial compliance with all the requirements of Article 805.

Art. 810. A person may execute a holographic will which must be entirely written, dated,
and signed by the hand of the testator himself. It is subject to no other form, and may be
made in or out of the Philippines, and need not be witnessed.

Art. 811. In the probate of a holographic will, it shall be necessary that at least one
witness who knows the handwriting and signature of the testator explicitly declared that
the will and the signature are in the handwriting of the testator. If the will is contested, at
least three of such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and if
the court deems it necessary, expert testimony may be resorted to.

Art. 812. In holographic wills, the dispositions of the testator written below his signature
must be dated and signed by him in order to make them valid as testamentary
dispositions.

Art. 813. When a number of dispositions appearing in a holographic will are signed
without being dated, and the last disposition has a signature and date, such date
validates the dispositions preceding it, whatever be the time of prior dispositions.
Art. 814. In case of any insertion, cancellation, erasure or alteration in a holographic will,
the testator must authenticate the same by his full signature.

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.

Art. 816. The will of an alien who is abroad produces effect in the Philippines if made
with the formalities prescribed by the law of the place in which he resides, or according
to the formalities observed in his country, or in conformity with those which this Code
prescribes.

Art. 817. A will made in the Philippines by a citizen or subject of another country, which
is executed in accordance with the law of the country of which he is a citizen or subject,
and which might be proved and allowed by the law of his own country, shall have the
same effect as if executed according to the laws of the Philippines.

Art. 818. Two or more persons cannot make a will jointly, or in the same instrument,
either for their reciprocal benefit or for the benefit of a third person.

Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign
country shall not be valid in the Philippines, even though authorized by the laws of the
country where they may have been executed.

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