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Dear PAO,
What are the requirements for a holographic will to be valid? Is a witness required to be present during its execution? What about during the probate of such a will? Is a witness required?
Ellen
Dear Ellen,
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Please be informed of Articles 810 and 811 of the Civil Code of the Philippines, which state that:
“Article 810. A person may execute a holographic will which must be entirely written, dated, and 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.
“Article 811. 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 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.”
As provided under the aforementioned provisions, the only requirements for the validity of a holographic will are as follows:
– the will must be entirely written;
– the will must be dated; and
– the will must be signed by the hand of the testator himself.
The holographic will may be made in or out of the Philippines, and a witness is not required to be present during its execution.
On the other hand, during the probate of the holographic will before the court, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and signature are in the handwriting of the testator. If the said will is contested, at least three of such witnesses will be required. In the absence of any competent witness, and if the court deems it necessary, an expert testimony may be resorted to determine the validity of the will.
In sum, a witness is not required to be present during the execution or the making of a holographic will. But during the probate of such will before a court, either a witness or at least three witnesses, depending on the circumstances, will be required to testify as to the veracity of the handwriting and signature of the testator.
This opinion is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when the facts are changed or elaborated on. We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
