Holographic Wills

A holographic will is a will written, dated and signed entirely in the testator's own hand. That means, it's completely handwritten by the testator himself (not typewritten or printed!) It's also valid as far as Philippine law is concerned and the formalities are not as stringent. It is also called a "secret will" because it doesn't need to be signed by witnesses and notarized by a lawyer.

Formalities

1.) Written in a language known to the testator
2.) Entirely handwritten by the testator himself

3.) The will must be dated by the testator himself

4.) The will must be signed by the testator himself

5.) There must be animus testandi/intent to make a will

6.) It must be executed at at the time holographic wills are allowed

Probate of Holographic Wills

Like ordinary/notarial wills, holographic wills have to be brought into probate. In the probate of a holographic will, it is important to prove that the signature and handwriting are the testator's; if not, the will is invalid. Regarding witnesses, their job is to prove that the handwriting in the holographic will belongs to the testator. Remember the following:

1.) If the will is not contested/questioned, at least 1 witness is required to prove that there was no fraud present.

2.) If the will is questioned/contested, at least 3 witnesses are needed.

In both cases, if there are no witnesses available, experts may be called on.