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Forms of Wills

The document outlines the legal requirements for executing a will in writing, including provisions for blind and deaf testators, the necessity of witnesses, and the validity of holographic wills. It specifies that wills must be acknowledged before a notary public and details the conditions under which defects in form do not invalidate a will. Additionally, it addresses the implications of wills made by Filipinos abroad and the disqualification of certain individuals from being witnesses.

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8 views2 pages

Forms of Wills

The document outlines the legal requirements for executing a will in writing, including provisions for blind and deaf testators, the necessity of witnesses, and the validity of holographic wills. It specifies that wills must be acknowledged before a notary public and details the conditions under which defects in form do not invalidate a will. Additionally, it addresses the implications of wills made by Filipinos abroad and the disqualification of certain individuals from being witnesses.

Uploaded by

roy satore satore
Copyright
© © 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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Form of Will Art.

808 – If the testator is blind, the will shall


Article 804 to 824 be read to him twice; once, by one of the
subscribing witnesses, and again, by the
Art. 804 – Every will must be in writing and notary public before whom the will is
executed in a language or dialect known to acknowledged.
the testator.
Art. 809 – In the absence of bad faith, forgery
Art. 805 – Every will, other holographic will or fraud, or undue and improper pressure and
must be subscribed at the end thereof by the influence, defects and imperfections in the
testator himself or by the testator’s name form of attestation or in the language used
written by some other person in his presence, therein shall not render the will invalid if it is
and by his express direction and attested and proved that the will was in fact executed and
subscribed by three or more credible attested in substantial compliance with all the
witnesses in the presence of the testator and requirements of Article 805.
of one another.
Art. 810 – A person may execute a
The testator or the person requested by him holographic will which must be entirely
to write his name and the instrumental written, dated and signed by the hand of the
witnesses of the will, shall also sign, as testator himself. It is subject to no other form,
aforesaid, each and every page thereof, and may be made in or out of the Philippines,
except the last, on the left margin, and all the and need not be witnessed.
pages shall be numbered correlatively in
letters placed on the upper part of each page. Art. 811 –In the probate of a holographic will,
it shall be necessary that at least one witness
The attestation shall state the number of who knows the handwriting and signature of
pages used upon which the will is written, and the testator explicitly declare that the will and
the fact that the testator signed the will and signature are in the handwriting of the
every page thereof, or caused some other testator. If the will is contested, at least three
person to write his name, under his express of such witnesses shall be required. In the
direction, in the presence of the instrumental absence of any competent witness referred to
witnesses, and the latter witness and signed in the preceding paragraph, and if the court
the will and all the pages thereof in the deem it necessary, expert testimony may be
presence of the testator and of one another. resorted to.

If the attestation clause is in the language not Art. 812 – In holographic wills, the disposition
known to the witnesses, it shall be of the testator written below his signature
interpreted to them. must be dated and signed by him in order to
make them valid as testamentary disposition.
Art. 806 – Every will must be acknowledged
before a notary public by the testator and the Art. 813 – When a number of dispositions
witnesses. The notary public shall not be appearing in a holographic will are signed
required to retain a copy of the will, or file without being dated, and the last disposition
another with the office of the clerk of court. has a signature and date, such date validates
the dispositions preceding it, whatever be the
Art. 807 – If the testator be deaf, or a deaf- time of prior dispositions.
mute, he must personally read the will, if able
to do so; otherwise, he shall designate two Art. 814 – In case of any insertion,
persons to read it and communicate to him, in cancellation, erasure or alteration in a
some practicable manner, the contents holographic will, the testator must
thereof. authenticate the same by his full signature.
Art. 815 – When a Filipino is in a foreign of the attesting, their becoming subsequently
country, he is authorized to make a will in any incompetent shall not prevent the allowance
of the forms established by the law of the of the will.
country which he may be. Such will may be
probated in the Philippines. Art. 823 – If a person attest the execution of
the will, to whom or to whose spouse, or
Art. 816 – The will of an alien who is abroad parent, or child, a devise or legacy is given by
produces effect in the Philippines if made with such will, such device or legacy shall, so far
the formalities prescribed by the law of the only as concerns such person, or spouse, or
p[lace in which he resides, or according to the parent, or child of such person, or anyone
formalities observed in his country, or in claiming under such person or spouse, or
conformity with those which this code parent, or child, be void, unless there are
prescribes. three other competent witnesses to such will.
However, such person so attesting shall be
Art. 817 – A will made in the Philippines by a admitted as a witness as if such device or
citizen or subject of another country, which is legacy had not been made or given.
executed in accordance with the law of the
country of which he is a citizen or subject, and Art. 824 – A mere charge of the estate of the
which might be proved and allowed by the testator for the payment of debts due at the
laws of his own country, shall have the same time of the testator’s death does not prevent
effect as if instituted according to the laws of his creditors from being competent witnesses
the Philippines. to his will.

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 a 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.

Art. 820 – Any person of sound mind and of


the age of eighteen years or more, and not
blind, deaf and dumb and able to read and
write, may be a witness to the execution of a
will mentioned in article 805 of this code.

Art. 821 – The following are disqualified for


being witnesses of a will;

1. Any person not domicile in the


Philippines; and
2. Those who have been convicted of
falsification of a documents, perjury
or false testimony.

Art. 822 – If the witnesses attesting the


execution of a will are competent at the time

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