WILL –

791 – vs 804 - different

804 How to? Every will must be in writing and executed in a language or dialect known
to the testator.
805 Subscribed? -Every will other than holographic will, must be subscribed at the end
thereof by the testator himself
-or by the testator’s name written by some other person in his presence,
and by his express direction,
-and attested and subscribed by three or more credible witnesses in the
presence of the testator and of one another

Sign/where? The testator or the person requested by him to write his name and the
instrumental witnesses of the will, shall also sign, as aforesaid, each and
every page thereof, except on the last,
-on the left margin
-and all the pages shall be numbered correlatively in letters placed on the
upper part of each page

Attestation? The attestation shall state the number of pages used upon which the will is
written
-and the fact that testator signed the will and every page thereof or caused
some other person to write his name under his express direction, in the
presence of the three instrumental witnesses
-and that the latter witnessed and signed the will and all the pages thereof
in the presence of the testator and of one another

Language – If the attestation clause is in a language not known to the witnesses, it

attestation shall be interpreted to them.

807 T – deaf/ -If the testator is deaf or deaf-mute, he must personally read the will, if
deaf-mute able to do so
-Otherwise, he shall designate two persons to read it and communicate to
him, in some practicable manner, the contents thereof.

808 T – blind If the testator is blind, the will shall be read to him TWICE;
Once, By one of the subscribing witnesses
Again, By the notary public before whom the will is acknowledged

809 (Ref: 805) Defects In the absence of bad faith, forgery, or fraud, or undue and improper
and Imperfections pressure and influence, defects and imperfections in the form of
in Attestation or attestation or in the language used therein shall not render the will
Language INVALID if it is proved that the will was in fact executed and attested in
substantial compliance with all the requirements of articles 805.
810 Holographic Will -A person may execute a holographic will which must be entirely
 WRITTEN, DATED , 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.
811 Probate- H. Will -In the probate of a holographic will, it shall be necessary that at least one
witness who knows the handwriting and signature of the testator explicitly
Witness (1/3) declare that the will and the signature are in the handwriting of the
testator.
-If the will is contested, at least three of such witnesses shall be required.

In the absence of any competent witness referred to in the preceding

paragraph, and if the court deem it necessary, expert testimony may be
resorted to.
812 H.Will – In holographic wills, the dispositions of the testator written below his
Below Signature signature must be dated and signed by him in order to make them valid as
testamentary dispositions.
813 H. Will – When a number of dispositions appearing in a holographic will are signed
Signed/Undated without being dated, and the last disposition has a signature and a date,
such date validates the dispositions preceding it , whatever be the time of
prior dispositions.
814 H. Will – ICEA In case of any insertion, cancellation, erasure or alteration in a holographic
will, the testator must authenticate the same by his full signature.
815 Fil – Abroad When a Filipino is in a foreign country, he is authorized to make a will in
any of the forms established by the law of the country in which he may
be. Such will be probated in the Philippines.
816 Will of Alien The will of an alien who is abroad produces effect in the Philippines if
made with the
1.formalities prescribed by the law of the place in which he resides, or
2. according to the formalities observed in his country,
3. or in conformity with those which this Code prescribes.
817 Will made in Phil A will made in the Philippines by a citizen or subject of another country,
which is executed in accordance with the law of country of which he is a
citizen or subject, and which might be proved and allowed by the law of his
own country, shall have the same effect as if executed according to the
laws of the Philippines.
818 Joint Will Two or more persons cannot make a will JOINTLY, on in the same
instrument, either for their reciprocal benefit or for the benefit of a third
person.
819 Joint-Abroad Wills, prohibited by the preceding article, executed by Filipinos in a foreign
country shall not be valid in the Philippines, even though authorized by the
laws of the country where they may have been executed.