Form
There are two types of will: notarial and holographic. Every will, regardless of type, must be in
writing and executed in a language or dialect known to the testator.
A. Notarial Will
The following are the requisites for the execution of a notarial will:
1. The will must be subscribed at the end thereof by the testator personally or by the testator's
name written by some other person in his/her presence, and by his/her express direction;
2. The will must be attested and subscribed by three or more credible witnesses in the presence
of the testator and of one another;
3. The testator or the person requested by him/her to write his/her name and the instrumental
witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last,
on the left margin;
4. All the pages shall be numbered correlatively in letters placed on the upper part of each page;
5. The attestation shall state the following:
a. the number of pages used upon which the will is written;
b. the fact that the testator signed the will and every page thereof, or caused some other person
to write his/her name, under his/her express direction, in the presence of the instrumental
witnesses; and
c. the fact that the instrumental witnesses witnessed and signed the will and all the pages
thereof in the presence of the testator and of one another;
6. If the attestation clause is in a language not known to the witnesses, it shall be interpreted to
them;
7. Every will must be acknowledged before a notary public by the testator and the witnesses;
8. If the testator be deaf, or a deaf-mute, he/she must personally read the will, if able to do so;
otherwise, he/she shall designate two persons to read it and communicate to him/her, in some
practicable manner, the contents thereof; and
9. If the testator is blind, the will shall be read to him/her twice; once, by one of the subscribing
witnesses, and again, by the notary public before whom the will is acknowledged.
It bears stressing that compliance as to form and substance are required for the will to be valid.
Hence, it is a advisable to consult a lawyer to understand the requirements, processes, and
limitations specific to the testator’s situation.
B. Holographic Will
A holographic will is one entirely written, dated, and signed by the hand of the testator.
1. The testator must personally know the language of the will;
2. The will must be entirely handwritten by the testator personally; and
3. The will must be dated.
It is subject to no other form, and may be made in or out of the Philippines, and need not be
witnessed.
Governing Laws
The law governing the form of a last will and testament depends on the nationality of the
testator and country of execution of the will. In answering the question of how to write a last
will and testament, it is essential that a Philippine last will and testament lawyer be consulted
first to ensure the validity of the will and all its provisions.
Is Every Person Required to Have a Last Will and Testament?
No. In the absence of a will, the estate of a deceased person may still be settled through a Deed
of Extrajudicial Settlement of Estate or a Judicial Intestate Estate Settlement Proceeding.
To know more about the requirements and process of extrajudicial settlement of estate, you
may refer to our article here: https://www.arceotandoc.com/single-post/the-process-of-
extrajudicial-settlement-of-estate-in-the-philippines.
Importance and Benefits of a Last Will and Testament
Indeed, preparing a last will and testament requires some time and effort. It is undeniable,
however, that even a simple last will and testament offers the following essential advantages or
benefits:
1. A last will and testament eliminates or mitigates risks of potential family disputes;
2. For better organization, a will designates a person or family member who will manage the
estate and execution the provisions of the same;
3. It protects minor children and/or other disadvantaged family members;
4. It allows the testator to disinherit a compulsory heir (i.e., spouse, children, parents), if he/she
wants to;
5. It enables the testator to distribute a property to a person who is not a compulsory heir (i.e., a
friend, relative who is not a compulsory heir or even a stranger);
6. It authorizes the testator to specify a condition upon which an heir may inherit a certain
property or receive his/her share in the estate; and
7. The testator may easily amend any provision in the will or revoke it during his/her lifetime.
The foregoing are only the general processes and requirements for making a last will and
testament. If you would like to know how to write a last will and testament, including the more
specific provisions of law applicable to your situation, it is best to engage the assistance of a last
will and testament attorney.
Governing Law and Types of Last Will and Testament
Under Article 783 of Republic Act No. 386, or otherwise known as the Civil Code of the
Philippines (“Civil Code”), a will has been defined as an act whereby a person is permitted, with
the formalities prescribed by law, to control to a certain degree the disposition of his estate, to
take effect after his death.
Under the Civil Code, there are two kinds of wills which a testator may execute – the holographic
will and the attested/ordinary/notarial will.
Article 810 of the Civil Code defines a holographic will as one that is entirely written, dated, and
signed by the testator himself. This kind of will, unlike the ordinary type, requires no attestation
by witnesses.
The Notarial Will
On the other hand, notarial will is the kind of will which requires an attestation clause, an
acknowledgement before a notary public. The execution of an ordinary or attested or notarial
will is governed by the Civil Code, to wit:
“Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the
testator himself or by the testator’s name written by some other person in his presence, and by
his express direction, and attested and subscribed by three or more credible witnesses in the
presence of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses
of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left
margin, and all the pages shall be numbered correlatively in letters placed on the upper part of
each page.
The attestation should state the number of pages used upon which the will is written, and the
fact that the testator signed the will and every page thereof, or caused some other person to
write his name, under his express direction, in the presence of the instrumental witnesses, and
that the latter witnessed and signed the will and all the pages thereof in the presence of the
testator and of one another.
If the attestation clause is in a language not known to the witness, it shall be interpreted to
them.” (Emphases and underscoring supplied.)
Personal Appearance before Notary Public Required
In addition, the ordinary will must be acknowledged before a notary public by a testator and the
attesting witness. Where the testator is deaf or deaf-mute, Article 807 requires that he must
personally read the will, if able to do so. Otherwise, he should designate two persons who would
read the will and communicate its contents to him in a practicable manner. On the other hand, if
the testator is blind, the will should be read to him twice; once, by anyone of the witnesses
thereto, and then again, by the notary public before whom it is acknowledged.
When Mistakes will be Allowed
With the foregoing requirements, there is what we call substantial compliance rule, and this rule
is contemplated in the pertinent provision of the Civil Code, to wit:
“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 not proved that the will was in fact executed and attested
in substantial compliance with all the requirements of article 805” (Emphases and underscoring
supplied.) As long as the requirements are substantially complied with, the notarial will shall be
considered valid.
