Under Philippine law, a notarial will must comply with strict requirements to be considered valid, as stipulated in the Civil Code. These requirements are intended to ensure the authenticity, voluntariness, and accuracy of the will, safeguarding the decedent’s testamentary wishes.

1. Definition and Purpose of a Notarial Will

A notarial will, sometimes referred to as an attested will, is a formal document prepared with the assistance of witnesses and executed before a notary public. The formality of a notarial will helps prevent fraud and undue influence by requiring the participation of a notary and witnesses who can attest to the testator's intent and capability.

2. Requisites of a Valid Notarial Will

The requisites of a valid notarial will in the Philippines are outlined in Articles 804–809 of the Civil Code. The key requirements are as follows:

a. Legal Capacity of the Testator

Age: The testator must be at least 18 years old.
Soundness of Mind: The testator must be of sound mind at the time of making the will. Soundness of mind implies that the testator understands the nature of the will, the extent of his or her estate, and the names of the natural heirs.

b. Writing Requirement

A notarial will must be in writing and can be either handwritten or typewritten. It must be signed by the testator or by someone else in the testator’s presence and under their direction if the testator cannot sign due to illness or disability.

c. Language of the Will

The will must be written in a language or dialect known to the testator to ensure comprehension. If the testator cannot read or understand the document, the will is invalid, as there is no clear indication that they knew and intended the provisions.

d. Signature Requirements

Testator’s Signature: The testator must sign at the end of the will to avoid adding provisions post-signature. This signature should be placed at the end of the document to signify completion.
Subscription and Acknowledgment by Witnesses: The testator must acknowledge the will in the presence of at least three credible witnesses, who must also sign the will in the presence of the testator and each other. The witnesses affirm that the testator signed the will voluntarily and with an understanding of its contents.
Placement of Signatures: The witnesses and testator must sign every page of the will. This prevents tampering and confirms that all pages constitute part of the same document.

e. Date and Place of Execution

The date and place of execution must be stated on the will, typically at the beginning or end of the document. This ensures clarity in the event of multiple wills or questions about the timing of execution, especially when subsequent wills may have been created.

f. Attestation Clause

The will must contain an attestation clause following the dispositive provisions. This clause, signed by the witnesses, confirms:
1. That the testator signed the will in their presence.
2. That the testator declared it to be their last will and testament.
3. That they observed the testator signing with full mental faculties and voluntary intent.
The attestation clause is critical, as it verifies that all statutory formalities were observed. However, even if the attestation clause is imperfect or incomplete, the will may still be valid if compliance with statutory requirements can be demonstrated.

g. Notarization Requirement

After the testator and witnesses have signed, the will must be acknowledged before a notary public. This acknowledgment involves the testator and witnesses affirming that they executed the document freely and with full awareness. The notary public then applies an official seal, confirming the authenticity of the signatures.
Notarization is a safeguard, adding a layer of formality and authenticity. However, it does not validate an otherwise flawed document; the presence of all other statutory elements is essential.

3. Additional Points of Importance

Capacity and Credibility of Witnesses

Witnesses to a notarial will must be at least 18 years old, able to read and write, and of sound mind. Importantly, they cannot be beneficiaries or related to the testator by affinity or consanguinity within the fourth civil degree. This ensures impartiality and the lack of vested interests.

Role of the Notary Public

The notary public, while not a direct participant in the will’s contents, plays a crucial role in affirming the genuineness of the will’s execution. The notary ensures that all legal procedures are followed correctly and verifies that the testator and witnesses understand their actions.

Effect of Non-Compliance

Total Nullity: Any significant deviation from these formal requirements can render the will void. For example, failing to sign every page, missing witnesses, or an incomplete attestation clause can invalidate the document. The strictness in compliance stems from the presumption that deviations could compromise the authenticity and voluntariness of the will.
Curable Defects: Some minor technicalities may be considered “curable” if they do not impact the voluntariness or authenticity of the will. The Supreme Court may uphold a will’s validity if the overall compliance is adequate and the intent of the testator is clear.

Revocation and Alteration

A notarial will can be revoked or amended by the testator at any time. However, any revocation or alteration must also comply with the formalities of a notarial will. Destruction of the will or creating a subsequent inconsistent will can also revoke it.

4. Probate Requirement

Under Philippine law, a notarial will must undergo probate proceedings to be implemented. Probate involves presenting the will to a court to confirm its authenticity and compliance with legal requirements. Once the court approves the will, its provisions can be executed as directed by the testator.

5. Summary of Key Requisites

Capacity and Sound Mind: The testator must be of legal age and sound mind.
Written and Signed Document: Must be written and signed by the testator, witnessed by three credible witnesses.
Attestation Clause: Witnesses confirm the testator’s voluntariness and mental state.
Notarization: Notary public’s acknowledgment and seal.
Probate: Court confirmation of compliance for execution.

Strict adherence to these requirements ensures the will’s enforceability, reflecting the testator's true intentions and protecting the interests of all parties involved.