Requisites Common to Notarial and Holographic Wills | Kinds of Wills: Notarial and Holographic Wills | Testamentary Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Testamentary Succession: Kinds of Wills - Notarial and Holographic Wills (Requisites Common to Both)

In the context of Testamentary Succession in Philippine civil law, two main types of wills are recognized: Notarial Wills and Holographic Wills. Both types are legal instruments through which an individual can direct the distribution of their estate upon death. Despite their differences in form and execution, they share certain requisites to be legally valid under Philippine law. These requisites, governed by the Civil Code of the Philippines, are mandatory to ensure that the will is enforceable, respects the decedent’s wishes, and complies with legal safeguards against fraud or coercion.

1. Legal Capacity and Testamentary Capacity of the Testator

• The testator (person making the will) must have the legal capacity to make a will. Under Article 796 of the Civil Code, a person who is at least 18 years old and of sound mind is considered legally capable.
• Testamentary capacity requires that the testator understands:
  • The nature of the testamentary act they are performing.
  • The extent of their property.
  • The individuals who are the natural objects of their bounty (usually close relatives).
  • The act of distributing their property to specified beneficiaries.
• A will executed by someone lacking testamentary capacity (due to conditions like senility, mental illness, or under undue influence) can be contested and invalidated.

2. Freedom of Disposition with Respect to Compulsory Heirs

• Testamentary freedom is a fundamental principle in civil law, but it is limited by the legitimes owed to compulsory heirs.
• Compulsory heirs include children (legitimate and illegitimate), parents, and the spouse. The legitime is the portion of the estate that the testator cannot dispose of freely and is reserved for these heirs. The will must respect the legitimes; failure to do so renders the excessive dispositions invalid.

3. Intention to Create a Testamentary Document

• Both types of wills require a clear intention by the testator to create a legal document governing the disposition of their property upon death.
• Language that is vague or non-specific can be grounds for contesting the will’s validity if it raises doubts about whether it was truly intended as a testamentary document.

4. Capacity of Witnesses (for Notarial Wills Only)

• Although this applies specifically to notarial wills, it is a general requirement whenever witnesses are involved.

• Witnesses must be:

  • At least 18 years old.
  • Of sound mind.
  • Able to read and write.
  • Not beneficiaries or interested parties in the will.

• Any disqualified witness can invalidate the will. Additionally, a notarial will requires at least three witnesses who meet these qualifications.

5. Revocability

• A fundamental trait common to all wills is that they are revocable at any time during the testator’s lifetime.
• The testator can amend or revoke their will as long as they maintain testamentary capacity. A subsequent will can revoke a previous will either expressly or by implication (where the two wills are incompatible).

6. Formality and Clarity in Language

• Wills, whether notarial or holographic, must be written in a language understood by the testator to ensure clarity and that the testator fully comprehends their dispositions.
• If written in a foreign language, the testator must understand that language, and the witnesses should ideally also comprehend it in the case of notarial wills.

7. Absence of Vitiated Consent

• Consent must be freely given without fraud, intimidation, undue influence, or mistake.
• A will executed under coercion, threats, or misrepresentation is invalid. Evidence of fraud or undue influence at the time of execution can nullify the document.

Special Notes on Notarial and Holographic Wills

Notarial Wills

Notarial wills require certain formalities not necessary for holographic wills, including acknowledgment before a notary public and the signatures of three credible witnesses. While these requisites are more stringent, they are designed to provide safeguards against fraud and coercion.

Holographic Wills

Holographic wills are characterized by being entirely handwritten by the testator. They are not required to be notarized or witnessed, which makes them easier to prepare but more vulnerable to claims of forgery or questions regarding authenticity.

Summary of Common Requisites

Requisite	Notarial Will	Holographic Will	Common Requisite to Both Wills
Legal Capacity and Testamentary Capacity	✓	✓	Yes
Freedom of Disposition/Respect for Legitimes	✓	✓	Yes
Intention to Create a Testamentary Document	✓	✓	Yes
Capacity of Witnesses	✓	No	Yes (if witnesses are used)
Revocability	✓	✓	Yes
Formality and Clarity in Language	✓	✓	Yes
Absence of Vitiated Consent	✓	✓	Yes

Conclusion

The shared requisites of notarial and holographic wills ensure that the testator’s intentions are clearly documented, legally protected, and free from fraud or undue influence. While they differ in formalities, the common requisites focus on capacity, intent, clarity, and compliance with legitimes. These safeguards protect the decedent’s final wishes and the rights of compulsory heirs.