holographic wills

kalaw v. relova, 132 scra 237

Art. 814

Kalaw v. Relova (1984) [125]

Effect of non-compliance.

Issue: whether the original unaltered text after subsequent alterations and insertions were voided by
the Trial Court for lack of authentication by full signature of the testatrix, should be probated or not.

Velasco v. Lopez: when a number of erasures, corrections, and interlineations made by the testator in a
holographic will have not been noted under his signature, the will is not thereby invalidated as a whole,
but at most only as respects the particular words, erased, or interlined.

However, when as in this case, the holographic will in dispute had only one substantial provision, which
was altered by substituting the original heir with another, but which alteration did not carry the
requisite of full authentication by the full signature of the testator, the effect must be that the entire will
is voided or revoked for the simple reason that nothing remains in the will after that which could remain
valid. To state that the will as first written should be given efficacy is to disregard the seeming change of
mind of the testatrix. But that change of mind can neither be given effect because she failed to
authenticate it in the manner required by lay by affixing her full signature.

Velasco ruling must be held confined to such insertions, cancellations, erasures or alterations in a
holographic will, which affect only the efficacy of the altered words themselves but not the essence and
validity of the will itself.

What are the effects of insertions or interpolations made by a 3rd person?

General Rules:

When a number of erasures, corrections, cancellation, or insertions are made by the testator in the will
but the same have not been noted or authenticated with his full signature, only the particular words
erased, corrected, altered will be invalidated, not the entirety of the will.

Exception:

1. Where the change affects the essence of the will of the testator; Note: When the holographic will had
only one substantial provision, which was altered by substituting the original heir with another, and the
same did not carry the requisite full signature of the testator, the entirety of the will is voided or
revoked.
Reason: What was cancelled here was the very essence of the will; it amounted to the revocation of the
will. Therefore, neither the altered text nor the original unaltered text can be given effect. (Kalaw v.
Relova, G.R. No. L-40207, Sept. 28, 1984)

2. Where the alteration affects the date of the will or the signature of the testator.

3. If the words written by a 3rd person were contemporaneous with the execution of the will, even
though authenticated by the testator, the entire will is void for violation of the requisite that the
holographic will must be entirely in the testators handwriting.

Kalaw v. Relova

G.R. No. L-40207 September 28, 1984

Melencio-Herrera, J. (Ponente)

Facts:

1. Gregorio Kalaw, the private respondent, claiming to be the sole heir of sister Natividad, filed a peition
for probate of the latter's holographic will in 1968. The will contained 2 alterations: a) Rosa's name,
designated as the sole heir was crossed out and instead "Rosario" was written above it. Such was not
initialed, b) Rosa's name was crossed out as sole executrix and Gregorio's ma,e was written above it.
This alteration was initialed by the testator.

2. Rosa contended that the will as first written should be given effect so that she would be the sole heir.
The lower court denied the probate due to the unauthenticated alterations and additions.

Issue: Whether or not the will is valid

RULING: No, the will is voided or revoked since nothing remains in the will which could remain valid as
there was only one disposition in it. Such was altered by the substitution of the original heir with
another. To rule that the first will should be given effect is to disregard the testatrix' change of mind.
However, this change of mind cannot be given effect either as she failed to authenticate it in accordance
with Art. 814, or by affixing her full signature.