NOTARIAL WILLS - HICBAN

GENERAL REQUIREMENT FOR BOTH NOTARIAL AND HOLOGRAPHIC WILLS Art. 818 Joint Wills Violate The Personal Character Of Wills
ART. 804: MUST BE WRITTEN AND IN A LANGUAGE KNOWN TO THE TESTATOR; LANGUAGE MAY BE 1. Two or more persons cannot make a will jointly
SUPPLIED EXTRINSIC EVIDENCE 2. Or in the same instrument
ART. 809: SUBSTANTIAL COMPLIANCE APPLIED IF CURABLE BY MERE VISUAL EXAMINATION
SPECIFIC REQUIREMENTS FOR NOTARIAL WILLS
SIGNATURE OF THE TESTATOR REQUIREMENTS
SIGNATURE BY THE TESTATOR AT THE SIGNIFIES COMPLETION: The signature at the logical end of the will signifies the PHYSICAL or LOGICAL end of the will if with NON-DISPOSITIVE
1 END completion of intent and confirmation to all the dispositions found above it. portions; not valid if not in the end.
Thumb mark is always valid regardless of illness or infirmity Cross is valid only if customary signature
2 NAME OF TESTATOR IN LIEU OF STATEMENT: Must write the TESTATORS NAME; not his own name or both Presence of the Testator
SIGNATURE their names Presence of the Witnesses
AGENT AS WITNESS: if more than 3 witnesses, YES. If exactly 3; not settled. By Testators Express Direction
TESTATOR + WITNESSES Order of signing is immaterial if single transaction

3 SIGNATURE IN THE PRESENCE OF EACH BATHROOM: No not allowed Position: They could have seen each other sign by merely casting
OTHER READING A BOOK: Allowed their eyes in the proper direction
4 SIGNATURE ON THE LEFT MARGIN AND ICASIANO RULING: 2nd page was not signed but allowed by SC; don't follow this Mandatory: Signing on every page except the last + presence
EVERY PAGE THEREOF ruling accdg to RFB Directory: Left margin
WHEN NOT REQUIRED: In a 2 page will, it is not necessary that both sheets be
further signed on their margins by the testator and the witnesses, or be paged.
(Abangan vs Abangan)
WITNESSES REQUIREMENTS
5 ATTESTED AND SUBSCRIBED Taboada vs Rizal: signatures of the instrumental witnesses on the left margin ATTESTATION: Act of witnessing or declaring that the dispositions above
of the first page of the will attested not only to the genuineness of the signature it are by and are of the testator.
of the testatrix but also the due execution of the will as embodied in the SUBSCRIPTION: Identification; mechanical act; signing of names
attestation clauses.
6 AT LEAST 3 WITNESSES DISQUALIFIED: (1) Notary Public (2) Intrested Persons under Art. 823
PAGINATION REQUIREMENTS
7 PAGES NUMBERED CORRELATIVELY The object of the law is to know whether any sheet of the will has been Mandatory: Pagination by means of any conventional system
removed. But when all the dispositive parts of a will are written on one sheet Directory: Pagination in letters and upper part
only, it becomes unnecessary.

ATTESTATION CLAUSE REQUIREMENTS

P LACEMENT OF THE SIGNATURES AT ATTESTATION CLAUSE: Memorandum of facts attending the execution of the will Must be at the BOTTOM (Cagro v. Cagro)
8 THE END The signature of the testator at the end of the attestation is not
required because it is a MERE SURPLUSAGE.
9 STATEMENT OF FACTS MATTERS REQUIRED IN THE ATTESTATION CLAUSE No substantial compliance:
(1) the number of pages used upon which the will is written; signed in each others Presence (Caneda v. CA)
(2) that the testator signed, or expressly caused another to sign, the will and Substantial Compliance:
every page thereof in the presence of the attesting witnesses; and The number of pages upon which the will was written
(3) that the attesting witnesses (Azuela v. CA)
a. witnessed the signing by the testator of the will and all its pages, Wrong number of pages (Conflicting jurisprudence but accdg to RFB,
b. and that said witnesses also signed the will and every page thereof in it can be verified by mere VISUAL inspection.
the presence of the testator and of one another.
NOTARIZED/ACKNOWLEDGEMENT REQUIREMENTS
10 DULY NOTARIZED FOR COMPLETION: A will is complete after it is acknowledged before a notary TERRITORIAL limits must be observed by the notary public
public since its acknowledgment is essential for its formal validity. Can be an attesting witness but his signature WILL NOT BE
COUNTED.
Need not sign in the presence of the Testator and Witnesses