Wills: Formalities of Ordinary/Notarial Wills

Wills fall into the following groups:

1.) Ordinary/Notarial

2.) Holographic

3.) Nuncupative/Oral

The Civil Code doesn't recognize oral/nuncupative wills, but allows heirs to divide property extra-judicially.

Formalities of an Ordinary/Notarial Will (Art. 805, Civil Code)

1.) Must be in writing

2.) Written in a language/dialect the testator knows

3.) Signed (subscribed) by the testator himself at the end or by his name written by another person in his presence and under his orders (anything written after the end of the signature that disposes of property is not considered part of the will unless it's a codicil)

4.) Attested and subscribed to by at least 3 credible witnesses (instrumental witnesses) in the presence of each other and the testator himself.

5.) The left margin of every page (except the last) shall be signed by the witnesses and the testator (or the person signing for him)

6.) All pages shall be numbered in letters on the upper part of each page (ex. Page A, Page B, etc.) but using regular numbers (Page 1, Page 2, etc.) is allowed

7.) The attestation clause, which is at the end of the will, shall state the following:

a.) Number of pages the will is written on

b.) Testator signed or expressly had someone else sign for him in the presence of the instrumental witnesses

c.) Instrumental witnesses signed the will in the testator's presence

8.) Acknowledgment of the will before a notary public (he's not a witness)

Additional Requirements:

1.) If the testator is deaf/deaf-mute he must read the will personally or have 2 persons read and communicate it to him in a practicable manner if he can't read it.

2.) If the testator is blind,  the will must be read to him twice: first by one of the instrumental witnesses and second by the notary.

Defects in the will in the form, attestation or language won't invalidate the will if it is proven that there was substantial compliance with the requirements of Art. 805 of the Civil Code and there was no fraud, undue/improper influence/pressure, bad faith or forgery present.

Qualifications of Witnesses to Notarial Wills

1.) Sound mind

2.) At least 18 years old

3.) Can read and write

4.) Not blind, deaf or mute

5.) Domiciled in the Philippines

6.) Hasn't been convicted of any other the following crimes: falsification of documents, perjury or false testimony

A witness to a notarial will can't inherit unless there are at leas 3 other witnesses to the will. The will, however, remains valid.