Notarial Wills Holographic Wills

Requirements (Art. 805-806) Requirements (Art. 810)

1. Subscribed by the testator or his agent in
his presence and by his express direction at
the end thereof, in the presence of the
witnesses.
2. Attested and subscribed by at least three
credible witnesses in the presence of the
testator and of one another.
3. The testator or his agent must sign every
page, except the last, on the left margin in the
presence of the witnesses.
1. Entirely handwritten by the testator
2. Dated by him (should include the day,
month and year of execution; Roxas v. De
Jesus, G.R. No. L-38338, 1985)
3. Signed by him
*Holographic wills are not subject to any form,
may be made in or out of the Philippines, and
need not be witnessed.

4. The witnesses must sign every page,

except the last, on the left margin in the
presence of the testator and of one another.

5. All pages must be numbered correlatively in

letters on the upper part of each page.

6. Attestation clause, stating:

a. the number of pages of the will,
b. the fact that the testator or his agent under
his express direction signed the will and every
page thereof, in the presence of the witnesses,
c. the fact that the witnesses witnessed and
signed the will and every page thereof in the
presence of the testator and one another.

7. Acknowledgement before a notary public.

Probate requirement; Proof of extrinsic Probate requirement; Proof of extrinsic
Validity (Rule 76, ROC) Validity

1. Present the will 1. Present original will or at least a photostatic,

scanned or any legible copy
2. Present any attesting witnesses and/or
notary public to prove due 2. One person familiar with the handwriting of
execution/testamentary capacity; and the testator, unless contested in which case,
three witnesses familiar with the handwriting of
3. If no one is available, present any available the testator must be presented to prove that
evidence to show authenticity or validity of the will was written in the handwriting
contents of attestation clause.

Uncontested; one subscribing witness only, if Uncontested; at least one witness who knows
such witness testify that the will was executed the handwriting and signature of the testator
as is required by law explicitly declare that the will and the signature
are in the handwriting of the testator
Contested; all the subscribing witnesses, and
the notary Contested; at least three witnesses who
knows the handwriting and signature of the
testator explicitly declare that the will and the
signature are in the handwriting of the testator
(Art. 811)

In the absence of any competent witness, and

if the court deems it necessary, expert
testimony may be resorted to.