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Wills: Three or More Credible Witnesses

This document discusses Philippine laws regarding wills. It states that if a witness to a will is given a devise or legacy in the will, that gift is void unless there are three other competent witnesses. It also outlines requirements for wills such as being signed by the testator and witnessed by at least three credible witnesses in each other's presence. The testator and witnesses must also sign each page of the will. Finally, it discusses that an estate typically has two parts - the legitime reserved for compulsory heirs and the free portion that can be given to anyone not prohibited from inheriting.

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JennyMariedeLeon
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46 views2 pages

Wills: Three or More Credible Witnesses

This document discusses Philippine laws regarding wills. It states that if a witness to a will is given a devise or legacy in the will, that gift is void unless there are three other competent witnesses. It also outlines requirements for wills such as being signed by the testator and witnessed by at least three credible witnesses in each other's presence. The testator and witnesses must also sign each page of the will. Finally, it discusses that an estate typically has two parts - the legitime reserved for compulsory heirs and the free portion that can be given to anyone not prohibited from inheriting.

Uploaded by

JennyMariedeLeon
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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Wills

Art. 823. If a person attests the execution of a will, to whom or to whose spouse,
or parent, or child, a devise or legacy is given by such will, such devise or legacy
shall, so far only as concerns such person, or spouse, or parent, or child of such
person, or any one claiming under such person or spouse, or parent, or child, be
void, unless there are three other competent witnesses to such will. However,
such person so attesting shall be admitted as a witness as if such devise or legacy
had not been made or given.

Amy – son is the devisee; need 3 other competent witnesses


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 shall 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 witnesses, it shall be


interpreted to them.

Generally, the estate of a person who executes a will consists of two parts: the legitime,
which is reserved by law for compulsory heirs and divided according to ratios set by the
Civil Code; and the free portion. The free portion may be given to anyone, provided the
recipient is not prohibited by law from receiving an inheritance or a donation.
 
A single person has no compulsory heir in the absence of legitimate parents or ascendants;
or descendants, i.e., children, whether illegitimate or legally adopted. Thus there are no
legitimes and the whole estate is considered the free portion.
As indicated in Article 887 of the Civil Code of the Philippines, your compulsory heirs
are:

Primary - Legitimate children and/or descendants


Secondary - Legitimate parents and/or ascendants; illegitimate parents (will inherit only
in default of the primary heirs)
Concurring - Surviving spouse; illegitimate children and/or descendants

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