LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert
name of spouse if any___, born on the ____th of ______________, ____ , a resident of
__insert address__ , being of sound and disposing mind and memory, and not acting
under undue influence or intimidation from anyone, do hereby declare and proclaim
this instrument to be my Last Will and Testament, in English, the language which I
am well conversant. And I hereby declare that:
I. I desire that should I die, it is my wish to be buried according to the rites
of the Roman Catholic Church and interred at our family mausoleum in
Manila;
II. To my beloved wife _____name of wife_____, I give and bequeath the
following property to wit:_________________________ ;
III. To my esteemed children, ________________________ and
______________________I give and bequeath the following properties to
wit:_______________________________ in equal shares;
IV. To my dear brother, __________________________I give and bequeath the
following properties to wit:_______________________________.
V. To my loyal assistant, __________________________I give and bequeath the
following properties to wit:_______________________________.
VI. I hereby designate ____name of executor_____ the executor and
administrator of this Last Will and Testament, and in his incapacity, I name
and designate _____________________ as his substitute.
VII. I hereby direct that the executor and administrator of this Last Will and
Testament or his substitute need not present any bond;
VIII. I hereby revoke, set aside and annul any and all of my other will or
testamentary dispositions that I have made, executed, signed or published
preceding this Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of
_____________, 20__, in ________________, Philippines.

_______________________________________
(Signature of Testator over Printed Name)

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, do hereby affirm that the forgoing is the
last Will and Testament of ___name of testator___ and we certify that the testator
executed this document while of sound mind and memory. That the testator signed
this document in our presence, at the bottom of the last page and on the left hand
margin of each and every page, and we, in turn, at the testator's behest have
witnessed and signed the same in every page thereof, on the left margin, in the
presence of the testator and of the notary public, this _____ day of __________, 20__
at____________.

______________________________
____________________________________________
Signature of Witness
Address
______________________________
____________________________________________
Signature of Witness
Address
______________________________
____________________________________________
Signature of Witness
Address

JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the city of ________________, personally
appeared:

The testator ________________, with CTC No. __________ issued at ___________ on

____________;
Witness, ___________________, with CTC No. __________ issued at ___________ on
____________;
Witness, ___________________, with CTC No. __________ issued at ___________ on
____________;
Witness, ___________________, with CTC No. __________ issued at ___________ on
____________;

all known to me to be the same persons who executed the foregoing Will, the first as
testator and the last three as instrumental witnesses, and they respectively
acknowledged to me that the same as their own free act and deed.
This Last Will and Testament consists of __ page/s, including the page on which this

acknowledgment is written, and has been signed on the left margin of each and
every page thereof by the testator and his witnesses, and sealed with my notarial
seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above
written.

Notary Public
Doc. No. _____;
Page No._____;
Book No._____;
Series of 20__.

(Last Will and Testament)

LAST WILL AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS
I, _____________, of legal age, (single / married / widow), a
citizen of _____________ and currently a
resident of_____________, with sound and disposing mind and
memory, and without having been forced, intimidated or unduly
influenced by anybody, have hereby voluntarily executed and
proclaimed this instrument, as my Last Will and Testament, in
English, a language I speak and write with and of which I am well
conversant:

1. That should I finally rest in eternal peace, it is my wish and

desire that internment, vigil and burial be made in
accordance with the customs and traditions of the _____________
Church;
2.That I am the owner of the following properties:
(List and Description of Real and Personal Properties)
3.That should the Lord Almighty finally summon this soul from its
earthly abode, it is my wish and desire tobequeath, grant and
devise my properties above-mentioned, as follows:
a)To my beloved (wife/husband) _____________, I hereby
bequeath the properties listed as nos. _______ above;
b)To my beloved children _____________, _____________, and
_____________, I hereby bequeath in equal shares, the properties
listed as nos. _______ above;
c)To _____________ who has been my constant companion and
nurse in my illness, I hereby devise the property listed as no.
_______ above;
d)To my (brother/sister/friend/etc.) _____________ I give the
property listed as no. _______ above;
4.That should Divine Providence will it that I die ahead of my
beloved (wife/husband), I hereby proclaim as my wish and desire
which my heirs, devisees and legatees should respect, that the

provisions of the foregoing Paragraph 3, Sub-Paragraphs b, c, and d

be rendered temporarily without force and effect, and my surviving
(wife/husband) shall have full use and enjoyment of all the abovelisted properties; and only upon (his/her) demise shall the
provisions of Paragraph 3, Sub-Paragraphs b, c, and d come
into effect;
5.That for the purpose of rendering this Last Will and Testament
effective thru the proper proceeding in Court, I hereby name and
constitute _____________ as Executor and Administrator of this
Last Will and Testament, and that in his incapacity, I hereby name
_____________ as his substitute;
6.That the Executor and Administrator I hereby nominate shall be
excused from posting any bond;
7.That I hereby revoke, set aside, and annul any other will or
testamentary disposition I have made, signed, or proclaimed.
IN WITNESS WHEREOF, I have hereunto set my this ______ at
_____, Philippines.
TESTATOR
ATTESTATION CLAUSE
WE, the undersigned witnesses, do hereby affirm that the foregoing
is the Last Will and 'Testament of_____________ and we hereby
certify: That (he/she) executed the same while of sound and
disposing mind and memory; That he signed the same in our
presence, at the bottom of the last page and on the left hand
margin ofeach and every page, and we, at his behest, have signed
hereunder and on the left hand margin of each and every page, in
(his/her) presence, in the presence of the Notary Public, and in the
presence of each and every one of us this _____________ at
_____________, Philippines.
WITNESS ADDRESS
1. ____________________________________
2. ____________________________________
3. ____________________________________

Republic of the Philippines)

Province of ____________________)S.S.
City/Municipality of _____________)
x---------------x
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the
(Province/City/Municipality) of _____________, personally
appeared the following persons, with their respective Community
Tax Certificates as follows:
Name C.T.C. No.Date / Place Issued
1. TESTATOR _____________ _____________
2. WITNESS_____________ _____________
3. WITNESS_____________ _____________
4. WITNESS_____________ _____________
known to me and to me known to be the same person who
executed the foregoing Last Will and Testament, which he
acknowledged to me to be (his/her) own free and voluntary act and
deed and which (he/she) executed and signed in the
presence of the three (3) above-named attesting witnesses, who all
signed their names as proof oftheir attestation on this page before
the Testator _____________ and in the presence of each and
everyone ofthem, and they acknowledged the same to be their free
and voluntary act and deed.
This Last Will and Testament consists of _____________.(______)
pages, including the page on which the ratification and
acknowledgment are written.
WITNESS MY HAND AND SEAL this _____________ at
_____________, Philippines.
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;

Book No. ______;

Series of ______;

Dear PAO,
Id like to ask if it is required for a last will and testament to be notarized. My family is
bickering because my sister insists that we should follow the alleged last will of my father
even though the document is not even notarized. It is for this reason that I refuse to
recognize its validity. I hope you can advice me on whether my fathers will is valid even
without being notarized. God bless!
Edmund
Dear Edmund,
The answer to your question depends on the type of will left by your deceased father.
According to the Civil Code of the Philippines, there are two (2) ways to legally execute a
last will and testament. It can be in the form of a notarial will or a holographic will.
In general, a notarial will is a type of will wherein the procedure for its preparation and
execution requires strict formalities specified by law. Among these is the requirement that
the person executing the notarial will should sign on every page and must be witnessed
by at least three (3) persons who should also sign the will (Art. 805, Civil Code of the
Philippines). On the other hand, a holographic will does not require the presence of
witnesses but is required to be entirely handwritten by the maker and to contain his
signature and the date of its execution (Art. 810, Civil Code of the Philippines).
As for the requirement of notarization, its name itself indicates that a notarial will must be
notarized. The law requiring its notarization states that:
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 (Civil Code of the Philippines).
While notarization is required in a notarial will, this is not the case for a holographic will.
Unlike a notarial will, a holographic will is not subject to other forms, including
notarization, to wit:
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 (Civil Code of the
Philippines).
It is important in the execution of wills that the formalities required by law be followed
since a wills validity is dependent on these legal formalities and requirements. Thus,
going back to your situation, because you mentioned that your fathers will is not
notarized, you must verify whether it is executed as a holographic will or a notarized will.
If it turns out that your father made a holographic will, then the lack of notarization will not
affect its validity. On the other hand, if it is in the form of a notarized will, then the lack of
notarization in your fathers will makes it substantially defective, thus rendering it without
legal effect.
Again, we find it necessary to mention that this opinion is solely based on the facts you
have narrated and our appreciation of the same. The opinion may vary when the facts
are changed or elaborated.

We hope that we were able to enlighten you on the matter.

LAST HOLOGRAPHIC WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert
name of spouse if any___, born on the ____th of ______________ , 19__ , a resident of
__insert address__ , being of sound and disposing mind and memory, and not acting
under undue influence or intimidation from anyone, do hereby declare and proclaim
this instrument to be my Last Will and Testament, in English, the language which I
am well conversant. And I hereby declare that:
I. I desire that should I die, it is my wish to be buried according to the rites of the
Roman Catholic Church and interred at our family mausoleum in Manila;
II. To my beloved wife _____name of wife_____, I give and bequeath the following
property to wit:_________________________ ;
III. To my esteemed children, ________________________ and ______________________I
give and bequeath the following properties to wit:_______________________________ in
equal shares;
IV. To my dear brother, __________________________I give and bequeath the following
properties to wit:_______________________________.
V. To my loyal assistant, __________________________I give and bequeath the following
properties to wit:_______________________________.
VI. I hereby designate ____name of executor_____ the executor and administrator of
this Last Will and Testament, and in his incapacity, I name and designate
_____________________ as his substitute.
VII. I hereby direct that the executor and administrator of this Last Will and
Testament or his substitute need not present any bond;
VIII. I hereby revoke, set aside and annul any and all of my other will or
testamentary dispositions that I have made, executed, signed or published preceding
this Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of
_____________, 2008, in ________________, Philippines.

_______________________________________
(Signature of Testator over Printed Name)