Notarial Wills

Necessary to prove that the will is in the language known to the testator.
Is it required that the testator should be the one to sign? Yes. However, even if unsigned,
doesn’t mean it cannot be probated. Even if signed by another, must be by express direction
of the testator and his presence.
- X told y “sign for me”. How shall Y sign the will? Whose name should be in the will?
Testator. If named by Y, invalid.
Testator customarily signs cross or x. Valid.
Witnesses did not come on time to sign the will. Others came just to witness without
witnessing. Witnesses to sign came late. They signed after testator signed. If the testator
ask the others as witness to his attestation, is it valid? Witnesses chosen to sign could not
be considered attesting witnesses but only subscribing witnesses. Those visitors who
witnessed, they can be considered as attesting witnesses but not subscribing witnesses. Will
is not valid…
Is it alright to appoint someone to sign the testator (i.e. one of the attesting witness)?
If one of the witnesses is a lawyer/notary public and he actually acknowledged the will. Is
it valid? No. notary public cannot split his personality. He cannot acknowledge the will.
However, if there are more than three witnesses, could be valid. If one witness is
disqualified, other witness may replace.
Testator assigned someone to write his name for him. The person did. However, such was not
stated in the attestation clause. Testator was also able to put a thumbmark. Can the will be
probated? Could it have been defective if not cured by the thumbmark. No signature and only
thumbmark, not immediately valid. Must be proven to be testator’s.
Are foreigners or aliens be qualified to execute last will and testament? Depends if
domiciled in the Philippines.
If a witness of three asks another witness to sign for him, what could be the defense of the
oppositor? That witness might not know how to write.
Last page should be signed, not necessarily the left margin of the will.
First, second, third, etc. should be signed? Yes. But may be signed somewhere else. …
How to number will? Correlatively at the upper part. Should be letters (i.e. ONE) but may be
1, 2, 3.
Fact of numbering not in the attestation clause. Can it be probated? Yes. Rather, state of
the number of pages.
Attestation clause may be in a separate page which need not be signed.
If the attestation clause did not state the number of pages, can it be probated? Yes, if
found in the acknowledgment or in another portion of the will.
If only acknowledged by the testator and one of witness and the other two witnesses appeared
before the notary public after five days. May the will be probated? Yes. Acknowledgment need
not be made in the presence of one another.
Notary public acknowledged in the absence of the testator and the witnesses. Can it be
probated? Yes. Not a requirement.
Notary public failed to sign after the testator and the witnesses appeared before him.
Testator died. Can it be probated? Yes. Acknowledgment was made. Signature, not relevant.
Merely evidence.
Holographic Wills
Date incorrect? Will not invalidate.
Why date important? For determining the legal or testamentary capacity of the testator.
No-read-no-write person is likened to a blind person. Can make will. In notarial will.
However, hardly in holographic wills.
Is there a prescribed form? None, provided testamentary in character.
Interpolations, cancellation, alterations or erasures need be authenticated by customary
signature. If not authenticated, disregarded and the original is followed unless the …
Would like to make subsequent dispositions? Art. 812-813.
Codicil must be submitted to probate.