Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
You may also read related article to notarial will and holographic will: Frequently Asked Questions on Wills, Succession and Inheritance
The first kind of Will which is referred to as Notarial Will has already been discussed in a previous article and was published in this same platform (please click here to access the said article). As a continuation of the said article, allow us to briefly discuss the second kind of will which is called “Holographic Will”. For recollection, Wills, notarial or holographic, must be in writing and executed in a language or dialect known to the testator. What now differentiates holographic from that of a notarial will?
Under article 810 of the New Civil Code of the Philippines (NCC), a holographic will must be entirely written, dated and signed by the hand of the testator himself. It may be made in or out of the Philippines. If a testator is in a foreign country, he is allowed under the Philippine law to make a will in any of the forms established by the law of the country in which he may be. The validity of a will which was executed in a foreign country may be established here in the Philippines. In establishing the validity of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. If the will is contested, at least three (3) of such witnesses shall be required. Please take note that joint wills, even when allowed in the foreign country where it was executed shall not be valid in the Philippines.
Must the making of a holographic will by a testator be witnessed just like in a notarial will? The answer is No. It is enough that it was entirely written, dated and signed by the hand of the testator. In case the testator has already executed a holographic will and after some time, wanted to add some dispositions in the will, all he has to do is to affix his signature below the additional dispositions. Such signature must be dated in order to make them valid as testamentary dispositions. What if a number of dispositions appearing in a holographic will were signed without being dated? In such a case, if the last disposition has a signature and a date, such date validates the dispositions preceding it. Should there be any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. Now, you may want to execute a will. Are you capacitated to make one? The next article entitled, “Who are capacitated to make a will?” will be published in this same platform in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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I’m just wondering which part of the will the witnesses sigh the Will? Is it under/below where I sign mine? I’m going to make a holographic Will.
I’ll appreciate your advice.
Thank you.