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To make a valid notarial will in the Philippines, there are several requirements that must be met according to the Civil Code. First, the will must be in writing and in a language known to the testator. Second, the will must be signed by the testator or someone signing on their behalf at their direction in the presence of three witnesses. Third, the three witnesses must also sign each page of the will in the presence of the testator and each other. The will must also contain an attestation clause stating the number of pages, that the testator signed in front of the witnesses, and that the witnesses signed in front of the testator and each other. Lastly, the will must be notarized

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32 views2 pages

Succ Vid

To make a valid notarial will in the Philippines, there are several requirements that must be met according to the Civil Code. First, the will must be in writing and in a language known to the testator. Second, the will must be signed by the testator or someone signing on their behalf at their direction in the presence of three witnesses. Third, the three witnesses must also sign each page of the will in the presence of the testator and each other. The will must also contain an attestation clause stating the number of pages, that the testator signed in front of the witnesses, and that the witnesses signed in front of the testator and each other. Lastly, the will must be notarized

Uploaded by

Prince Calimbo Villa
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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How do we make a notarial will in the Philippines?

Our Civil Code provides that

First, a notarial Will must be in writing and executed in a language known to the testator (Art. 804).

Secondly, The will must be subscribed at the end thereof by: (a) the testator himself; or (b) the testator’s name
written by some other person in his presence, and by his express direction (Art. 805). 

Thirdly, The notarial Will must be attested and subscribed by three or more credible witnesses in your presence
of the testator and of one another

These witnesses, 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.

You might be asking why there are so many signatures. The signatures at the end of the Will and the signatures on
top of each page serves different purposes:

 The signatures on the left-hand corner of every page signify, among others, that the witnesses are aware
that the page they are signing forms part of the Will. 

 The signatures to the attestation clause establish that the witnesses are referring to the statements
contained in the attestation clause itself. 

The attestation clause is separate and apart from the disposition of the Will.

This means that even if the instrumental witnesses signed the left-hand margin of the page containing the
unsigned attestation clause, such signatures cannot demonstrate these witnesses’ undertakings in the clause, since
the signatures that do appear on the page were directed towards a wholly different avowal.

Your Notarial will must also contain an attestation clause,


The tenor of this clause shall contain:
(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
name, under his express direction, in the presence of the instrumental witnesses; and
(c) 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 witnesses, it shall be interpreted to them

The purpose of requiring the number of sheets to be stated in the attestation clause is to prevent any alteration.

Lastly, A notarial Will, must be notarized. Every Will must be acknowledged before a notary public by the testator
and the witnesses.

As to the division of your properties, you have the freedom to stipulate. However our law has this
provision on Legitimes.
A Legitime is that part of the testator's property which he cannot dispose of because the law has
reserved it for certain heirs who are, therefore, called compulsory heirs.

Who are entitled by law to your legitimes? These persons are called Compulsory Heirs
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate
children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in article 287.

One legitimate child is entitled to 1/2 of the hereditary estate. Since you have 4,


divide the 1/2 of the hereditary estate equally among themselves.

The legitime of illegitimate children is taken from the free portion of the hereditary estate,
provided that this does not exceed the free portion. The Family Code of the Philippines
provides that the legitime of each illegitimate child is 1/2 that of a legitimate child.

Now since you have illegitimate children, surviving spouse shall be entitled to one-third of the
hereditary estate, and the illegitimate children to another third. The remaining third shall be at the
free disposal of the testator

Free portion shall consist of whatever is left after the distribution of your properties to the compulsory
heirs

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