LAST WILL AND TESTAMENT

Grana, Luis Mari

Prades, Michaela
Salles, Mariane Theresa
Group 4
What is a Will?
• A will is an act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of his
estate, to take effect after his death. (Article 783, NCC)

Decedent – a deceased person whose property is transmitted whether

he left a will or not
Testator – a person who left a will
Two Kinds of Wills
1) Holographic Will (Art 810, NCC)

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.
Two Kinds of Wills
2) Notarial Will (Art 805, NCC)
Every will, other than a 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.
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 the last, on the left
margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each
page.
The attestation shall state the number of pages used upon which the will is written, and the fact
that the 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 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.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them
Common requirements of holographic will and
notarial will

1. In writing
2. Must be in a language known to the testator
Additional requisites for a valid holographic
will
• Entirely written, dated and signed by the hand of the testator. It is
subject to no other form, may be made in or out of the Philippines
and need not be witnessed.
Additional requisites for a valid notarial will
1. Subscribed by the testator himself or by the testator’s agent, under his express direction and in
his presence, at the end thereof and in the presence of at least three (3) credible witnesses;
2. Attested and subscribed by at least three (3) credible witnesses in the presence of the testator
and of one another;
3. Each and every page of the will must be signed by the testator, or his agent (in his presence and
under his express direction) and by the witnesses in the presence of one another;
4. Each and every page must be number correlatively in letters paged on each page;
5. Must contain an attestation clause stating the following:
i. The total number of pages of the will;
ii. The fact that the testator or the agent be asked to subscribe and sign his name in his
presence and under the express direction, signed in the presence of the three (3) instrumental
witnesses; and
iii. All witnesses signed the will on every page thereof and subscribed their names at the
bottom of the attestation clause in the presence of the testator and of one another.
6. Must be acknowledged before a notary public.
Under what rule do we execute this
document?
Section 1 Rule 75 of ROC
Section 1. Allowance necessary. Conclusive as to execution. — No will
shall pass either real or personal estate unless it is proved and allowed
in the proper court. Subject to the right of appeal, such allowance of
the will shall be conclusive as to its due execution.
Where to file?
Section 1 Rule 73 of ROC
Section 1. Where estate of deceased persons settled. — If the decedents is
an inhabitant of the Philippines at the time of his death, whether a citizen or
an alien, his will shall be proved, or letters of administration granted, and his
estate settled, in the Court of First Instance in the province in which he
resides at the time of his death, and if he is an inhabitant of a foreign
country, the Court of First Instance of any province in which he had estate.
The court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other courts. The
jurisdiction assumed by a court, so far as it depends on the place of
residence of the decedent, or of the location of his estate, shall not be
contested in a suit or proceeding, except in an appeal from that court, in the
original case, or when the want of jurisdiction appears on the record.
Who may petition for the allowance of the
will?
Section 1 Rule 76 of ROC
Section 1. Who may petition for the allowance of will. — Any executor,
devisee, or legatee named in a will, or any other person interested in
the estate, may, at any time after the death of the testator, petition the
court having jurisdiction to have the will allowed, whether the same be
in his possession or not, or is lost or destroyed.
The testator himself may, during his lifetime, petition the court for the
allowance of his will
What are the contents of the petition?
Section 2 Rule 76 of ROC
Section 2. Contents of petition. — A petition for the allowance of a will must show,
so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residence of the heirs, legatees, and devisees of the
testator or decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person to whom the letters are prayed; and
(e) If the will has not been delivered to the court, the name of the person having
custody of it.
But no defect in the petition shall render void the allowance of the will, or the
issuance of letters testamentary or of administration with the will annexed.
Jurisdictional Facts
The “jurisdictional facts” in probate proceedings are the death of the
decedent, his residence at the time of his death in the province where
the probate court is sitting, or if he is an inhabitant of a foreign country,
his having left his estate in such province and that the testament or
last will of the deceased has been delivered to the court and is in the
possession thereof.
Letters Testamentary
Section 4. Letters testamentary issued when will allowed. — When a
will has been proved and allowed, the court shall issue letters
testamentary thereon to the person named as executor therein, if he is
competent, accepts the trust, and gives bond as required by these
rules.
Letters Administration
Section 6. When and to whom letters of administration granted. — If
no executor is named in the will, or the executor or executors are
incompetent, refuse the trust, or fail to give bond, or a person dies
intestate, administration shall be granted:

xxx