CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 1. Testamentary Succession > b. Wills

Overview of Wills in the Philippines

Under Philippine law, a will is a legal document by which a person, called the "testator," voluntarily disposes of their estate upon death. Testamentary succession refers to the succession process governed by the expressed intent of the testator as stated in a will. The primary legal basis for wills and testamentary succession in the Philippines is found in the Civil Code, specifically Articles 783 to 837, along with procedural requirements under the Rules of Court.

Wills in the Philippines are strictly governed by procedural requirements to ensure they reflect the true intent of the testator, who must have the legal capacity and freedom to dispose of their estate. Philippine law also sets out two main types of wills: notarial (or ordinary) wills and holographic wills, each with specific formalities for validity.

1. Types of Wills in the Philippines

A. Notarial (Ordinary) Will

A notarial will, often simply called an "ordinary will," must meet specific formal requirements outlined in Article 805 of the Civil Code.

Formalities for a Notarial Will:

Written Form: A notarial will must be in writing and signed by the testator or by another person in the testator's presence and under their express direction.
Language Requirement: It should be in a language or dialect known to the testator.
Presence of Witnesses: It must be witnessed by at least three (3) competent witnesses who are present at the time of the testator’s signing or acknowledgment of the will.
Page Numbering and Signatures: Each page, except the last, must be numbered and signed by the testator and the witnesses.
Acknowledgment and Attestation Clause: The will must contain an attestation clause signed by the witnesses, confirming compliance with all formalities. The testator and witnesses must also acknowledge the will before a notary public.

B. Holographic Will

A holographic will is a will entirely written, dated, and signed by the testator. It does not require witnesses or notarization but must comply with specific conditions.

Formalities for a Holographic Will:

Handwritten by the Testator: The will must be entirely handwritten by the testator, including any modifications, insertions, or deletions.
Date and Signature: The will must be dated and signed by the testator, typically at the end of the document.
No Witness Requirement: Unlike a notarial will, a holographic will does not require witnesses. However, to prove its authenticity during probate, at least three (3) witnesses may be called to confirm the handwriting of the testator.

2. Legal Capacity and Intent of the Testator

For a will to be valid, the testator must have the legal capacity to make a will at the time of its execution. According to the Civil Code:

Age Requirement: The testator must be at least eighteen (18) years of age.
Soundness of Mind: The testator must be of sound mind at the time of execution. Soundness of mind implies an understanding of the nature of the testamentary act, the extent of their property, and the identities of people who would ordinarily be expected to benefit from the estate.

Under Philippine law, the presumption is that a person is of sound mind unless proven otherwise. In cases of doubt, the burden of proof rests on the party challenging the testator's capacity.

3. Content and Structure of Wills

A will typically contains the following parts:

Title: Identifying it as the “Last Will and Testament” of the testator.
Preamble: Statement identifying the testator, residence, and declaration of intent to make a will.
Revocation of Previous Wills: Express revocation of any prior wills or codicils to prevent inconsistency.
Distribution of Estate: Provisions specifying the testator's intent for distributing their estate, naming beneficiaries, and detailing specific bequests.
Appointment of Executors and Trustees: Naming the executor who will administer the estate, and trustees if any trusts are established.
Guardian for Minor Children: Appointing a guardian for minor children, if applicable.
Signature and Attestation Clause: Formal signature of the testator and witnesses, if required by the will type (i.e., notarial or holographic).

4. Limitations on Testamentary Dispositions

Philippine law imposes certain restrictions on testamentary freedom to protect compulsory heirs under the rule of "legitime."

Compulsory Heirs and Legitime: The law designates specific heirs (spouse, children, legitimate descendants, and legitimate ascendants) who are entitled to fixed portions of the estate, known as the “legitime.” The testator cannot freely dispose of the portion reserved for these compulsory heirs.
Free Portion: After satisfying the legitime of compulsory heirs, the testator may dispose of the remaining estate (the “free portion”) to anyone.

5. Revocation of Wills

The Civil Code permits the testator to revoke a will, either expressly or impliedly.

Express Revocation: A testator can revoke a will by executing a new will that explicitly revokes the previous one.
Implied Revocation: Implied revocation can occur if the testator executes a new will that is incompatible with a prior will or if they intentionally destroy, cancel, or obliterate the will.

Revocation can be partial (applicable to specific clauses) or complete, and it may not be automatically reinstated even if the new will is subsequently revoked.

6. Probate Process and Admission to Probate

Under Philippine law, no will can be effective until it has been submitted for probate and declared valid by a court. Probate is the judicial procedure to authenticate the will.

Steps in the Probate Process:

Filing of Petition: Any interested party may file a petition for the probate of the will, whether notarial or holographic.
Notice Requirement: The court will issue notice to heirs, legatees, devisees, and other interested parties.
Presentation of Witnesses: For notarial wills, the subscribing witnesses are presented to testify to the will's due execution. For holographic wills, proof of the testator's handwriting is required.
Court Decree of Probate: If the will complies with all legal requirements, the court will admit it to probate and allow the estate to be distributed according to its terms.

7. Grounds for Contesting a Will

A will may be contested on various grounds:

Lack of Capacity: Challenging the testator's mental competence at the time of execution.
Improper Execution: Failure to comply with the legal formalities (e.g., insufficient witnesses or lack of attestation clause).
Undue Influence: Proving that the testator was unduly influenced by another, impacting the free will of the testator.
Fraud or Forgery: Showing that the will or part of it is forged or fraudulently altered.
Revocation: Evidence that the will was revoked by a subsequent will or by physical acts such as tearing or burning.

8. Special Considerations

Certain special considerations may arise:

Conflict of Laws: In cases where a Filipino citizen has property abroad or a foreigner has property in the Philippines, the "nationality rule" generally applies, where the national law of the person governs issues of succession.
Joint Wills: The Civil Code prohibits joint wills, where two or more persons combine their wills into a single document, even if allowed by the law of their country.
Waivers and Renunciations: A waiver of rights or a renunciation of inheritance may be made but must comply with the formal requirements under Philippine law.

Conclusion

The Philippine legal system is meticulous in its regulation of wills to prevent fraud and ensure the decedent’s intent is respected while safeguarding the rights of compulsory heirs. The requirements for notarial and holographic wills reflect this careful balance, as does the probate process, which is essential for the will’s effectiveness. Understanding the nuances of testamentary succession under Philippine law is vital for drafting a legally compliant will and protecting the decedent’s legacy.