Kinds of Wills 2.
3 or more credible witnesses in presence of testator and each other
Article 804. Every will must be in writing and executed in a language or dialect
known to the testator. (n)
Article 810. A person may execute a holographic will which must be entirely
written, dated, and signed by the hand of the testator himself. It is subject to no
other form, and may be made in or out of the Philippines, and need not be
witnessed. (678, 688a)
Notarial Wills
Article 804. Every will must be in writing and executed in a language or dialect
known to the testator. (n)
Article 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. (n)
1. Subscribed at the end by testator OR testator’s name written by some
other person in his presence + express direction
should attest (means sign below attestation clause)
3. BOTH TESTATOR AND WITNESSES: Sign each page, except the last,
on the left margin + numbered in letters on upper part (SPELLED OUT)
4. Attestation shall state # of pages + fact that each page signed
5. Attestation should be interpreted in language known to witnesses (BUT
IT CAN BE DIFF LANGUAGE)
Article 806. Every will must be acknowledged before a notary public by the
testator and the witnesses. The notary public shall not be required to retain a
copy of the will, or file another with the office of the Clerk of Court.(n)
 Notarized, no need to retain copy
Article 807. If the testator be deaf, or a deaf-mute, he must personally read the
will, if able to do so; otherwise, he shall designate two persons to read it and
communicate to him, in some practicable manner, the contents thereof. (n)
Article 808. If the testator is blind, the will shall be read to him twice; once, by
one of the subscribing witnesses, and again, by the notary public before whom
the will is acknowledged. (n)
 Deaf, deaf-mute  personally read if able, OR designate 2 persons to
read and communicate it to him in some practicable manner
 Blind  Read twice, once by witnesses and again by notary public
Article 809. In the absence of bad faith, forgery, or fraud, or undue and
improper pressure and influence, defects and imperfections in the form of
attestation or in the language used therein shall not render the will invalid if it is
proved that the will was in fact executed and attested in substantial compliance
with all the requirements of article 805. (n)
 Defects/imperfections won’t make will invalid  AS LONG AS
SUBSTANTIAL COMPLIANCE W/ 805
 Witnesses to Notarial Wills o Admitted as witness if legacy not given
 So essentially, has to be disinterested witness
Article 820. Any person of sound mind and of the age of eighteen years or
more, and not blind, deaf or dumb, and able to read and write, may be a witness
to the execution of a will mentioned in article 805 of this Code. (n)
 Sound mind
 Legal age
 Not blind/deaf/dumb
 Able to read/write
Article 821. The following are disqualified from being witnesses to a will:
(1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a document, perjury or
false testimony. (n)
 Non-resident of PH
 Convicted of falsification of document, perjury or false testimony
Article 824. A mere charge on the estate of the testator for the payment of
debts due at the time of the testator's death does not prevent his creditors from
being competent witnesses to his will. (n)
 Creditors can still be witnesses
Article 822. If the witnesses attesting the execution of a will are competent at
the time of attesting, their becoming subsequently incompetent shall not prevent
the allowance of the will. (n)
 Subsequent incompetence doesn’t invalidate them as witnesses
Article 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. (n)
 GR: Attest  and the person is one of the heirs = devise/legacy is void
(BUT NOT THE ENTIRE WILL)
 UNLESS: 3 other competent witnesses