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Kalaw V Relova PDF
Kalaw V Relova PDF
Thus, her opposition was based on the fact that the will
containing alterations, corrections, and insertion is without the
proper authentication by the fill signature of the testatrix as
required by Art. 814 w/c reads: “In case of any insertion,
cancellation, erasure or alteration in a holographic will the testator
must authenticate the same by his full signature”
She now argues that the holographic will, as first written, should
be given effect and probated so that she could be the sole heir
thereunder. TC denied petition to probate
General Rules:
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.