State That The Witnesses Signed in One

Notarial wills In its concluding paragraph, it was
stated that the will was read to the

Valid testatrix and was translated unto Filipino
1. A document that only contains a clause language.
of disinheritance (Kasulatan ng Pag-aalis 6. Unsigned attestation clause by the
ng Mana) is a valid holographic will. witnesses.
2. Third person types the will. 7. A will notarized by a notary public NOT
3. A will in which a third person commissioned for the locality where the
a. Designated the persons, acknowledgement is made.
institutions, or establishments 8. A will not signed at the end thereof by
within the class or cause the witness, but their signatures are
b. The manner of distribution found on the left hand margin of that
4. Oral wills executed under Muslim page.
Personal Laws of the Philippines. 9. Instead of the notary public and
5. An undated notarial will. (only instrumental witnesses, it was the
required in holographic will) lawyer who drafted the will and codicil,
6. A variance between the indicated dates and read the same aloud to the blind
of execution and acknowledgement. testator.
7. An attestation clause was written on a 10. Reading of the will once to a blind
separate page is a matter of minor testator.
importance and apparently will not 11. Failure by the attestation clause to
affect the validity of the will. state that the witnesses signed in one
8. The testator and witnesses another’s presence (since the attestation
acknowledge/notarized not on each clause is the only textual guarantee).
other’s presence (not required). 12. Failure of the attestation clause to
9. A will not affixed by a documentary state that the number of pages on
stamp. which the will was written. (XPN: there
10. Failure of the attestation clause to is pagination)
state that the testator signed every
page (since that can be checked by a NOTES:
visual examination) 1. Article 804 applies to both notarial and
holographic wills.
Invalid Holographic Wills

1. “To you I leave everything, my parents,
my loves.” Valid
2. A will in which a third person 1. Partly written by the testator.
a. Designated the heirs, devisees 2. A will dated: Feb./’61. Provided that
or legatees there is no appearance of bad faith xxx,
b. Duration/efficacy of such authenticity of the will is established,
designation (including such and the only issue is WON the date is a
things as conditions, terms and valid compliance with Art. 810 of the
substitutions) Civil Code.
c. Determination of the portions 3. A witness in a will who is to succeed a
they are to receive legacy/devise. (he is only disqualified to
3. A third person has to determine whether succeed but the will remains valid)
or not a will is to be operative. 4. If the will does not contain an institution
4. A will delegating a third person of the of heir
power to decide whether a disposition 5. The institution does not comprise an
should take effect or not. entire estate.
5. In the opening paragraph of the will, it 6. The person instituted does not accept
was stated that English was a language the inheritance.
understood and known to the testatrix.
7. The person instituted is incapacitated to
succeed.
8. A will which has no testamentary NOTES:
disposition.
9. “I designate as heir to 1/8 of my estate Notarial Holographic
my eldest first cousin.”
10. Disposition in favor of a definite class or May be proved by Cannot be proved
group. testimonial evidence
11. A disposition in favor of a perfect
stranger provided the identity is clear. The lost of the will If the will is lost, the
12. Falsity of the stated cause for the entails the loss of the subscribing witnesses
testamentary institution. only medium of proof. are available to
authenticate.
Invalid
1. Testator signed by a thumb mark (it
should be signed by the hand of the
testator himself). In case of a lost will, The witness would
2. Joint wills executed by Filipinos in the the three subscribing testify as to their
Philippines. (v) witnesses would be opinion of the
3. Joint wills executed by Filipinos abroad. testifying to a fact handwriting which
(v) which they saw, they allegedly saw.
4. Revocation of a will based on false namely the act of the
cause or illegal cause is null and void. testator of subscribing
5. Republishing a will through making the will.
reference to the prior will.
6. If the formalities required by law have
not been complied with. 1. Holographic wills, unlike notarial wills,
7. If the testator was insane, or otherwise cannot be proved by testimonial
mentally incapable of making a will, at evidence.
the time of its execution 2. T, the testator, threw his will on a stove
8. If it executed through force or under but it was not burned because H, one of
duress, or the influence of fear, or the heirs tried to recover it from the
threats; stove. Was the will revoked? No,
9. If it was procured by undue and because there was no physical
improper pressure and influence; on the destruction. However, the heir who
part of the beneficiary or of some other saved it is not entitled to inherit due to
person; unworthiness (Article 1032).
10. If the signature of the testator was
procured by fraud
11. If the testator acted by mistake or did
Quiz
not intend that the instrument he signed
should be his will at the time of affixing Valid
his signature thereto.
12. Disposition in favor of an unknown 1. A notarial will where the notary public
person whose identity cannot be known. did not acknowledge the testator and
13. “I designate as heir to ¼ of my estate a the witnesses at the same time.
fiction writer.” 2. A notarial will where each page has
pagination, is signed on the left margin
by the testator and the three witnesses,
signed at the logical end by the testator
and witnesses signed each and every
page of the 3-paged will while they
were all in the same room and at the
same hour.
3. An alien executes a will with the
formalities of the law of his nationality,
but is not formally valid in the
Philippines and in the place of
execution.
4. An alien executes a will in the
Philippines which conforms to the
formalities of the law of his nationality,
but is not extrinsically valid in the
Philippines.
5. An alien executes a will which is
formally valid where he is residing, but
not extrinsically valid in the law of his
nationality or in the Philippines.
Invalid
1. A Filipino husband and wife execute a

joint will conforming to the solemnities
of the foreign country they are in.
2. An attested will where the agent signs
for the testator, using the agent’s name.
3. A notarial will where the attestation
clause does not state the number of
pages, but each page has a page
number, including the last page.
4. A holographic will with an insertion,
where the testator dated, wrote entirely
by hand, and initialed the decision and
at the logical end, with a date also at
the end.

State That The Witnesses Signed in One

Uploaded by

Copyright:

Available Formats

State That The Witnesses Signed in One

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

State That The Witnesses Signed in One

Uploaded by

Copyright:

Available Formats

Notarial wills In its concluding paragraph, it was

stated that the will was read to the

Invalid Holographic Wills

1. A Filipino husband and wife execute a

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.