Kinds of Wills: Notarial and Holographic Wills

III. Special Requirements

Under Philippine civil law, the preparation and execution of wills—whether notarial or holographic—are governed by stringent requirements to ensure validity and prevent fraud. These requirements are prescribed in Articles 804 to 814 of the Civil Code of the Philippines, as well as related jurisprudence. Below is a comprehensive discussion of the special requirements for each kind of will:

A. Notarial Will

A notarial will is a formal will executed in accordance with specific requirements under the Civil Code. These are detailed as follows:

Writing and Language (Art. 804)
- A notarial will must be in writing and written in a language or dialect known to the testator.
Testamentary Capacity
- The testator must possess testamentary capacity at the time of execution, meaning:
  - At least 18 years old.
  - Sound mind, which includes the ability to:
    - Understand the nature of the estate.
    - Comprehend the act of making a will.
    - Know the disposition of the estate.
Form and Signature (Art. 805)
- The will must be subscribed (signed) by the testator or by another person under the testator's express direction in the presence of the witnesses.
- The will must also be attested and subscribed by at least three credible witnesses in the presence of the testator and one another.
Attestation Clause (Art. 805)
- An attestation clause must be included to ensure the validity of the will. The attestation clause must:
  - State the number of pages used.
  - Declare that the testator signed or caused the signing of the will in the presence of all the witnesses.
  - Affirm that the witnesses signed the will in the presence of the testator and one another.
Acknowledgment Before a Notary Public (Art. 806)
- The will must be acknowledged before a notary public by the testator and the witnesses. This step authenticates the document and ensures that proper formalities were observed.
Pagination (Art. 805)
- Each page of the will must be numbered consecutively and signed by the testator or a proxy, as well as the witnesses, to prevent tampering.
Integration Doctrine
- The will must reflect the intent of the testator as a unified document. All pages must be physically or logically connected to prevent fraudulent inclusion or exclusion of pages.
Incapacity of Witnesses (Art. 820-821)
- Witnesses must:
  - Be at least 18 years old.
  - Be of sound mind.
  - Not be blind, deaf, or dumb.
  - Not be beneficiaries under the will (to avoid partial or total invalidity).

B. Holographic Will

A holographic will is one that is entirely written, dated, and signed by the hand of the testator. It is less formal than a notarial will but subject to specific requirements:

Entirely Handwritten (Art. 810)
- The holographic will must be entirely written by the hand of the testator.
- Any mechanical or printed content renders the will invalid.
Date and Signature
- The will must be dated. The date must include the day, month, and year. Jurisprudence allows for some flexibility if the date is sufficiently ascertainable (e.g., Estate of Buenaventura).
- The will must also be signed by the testator at the end of the document. Partial execution or unsigned portions are invalid.
No Witnesses Required
- Unlike a notarial will, a holographic will does not require witnesses at the time of execution. This simplicity is its hallmark.
Subsequent Alterations (Art. 814)
- Any modification to a holographic will must also be entirely handwritten, dated, and signed by the testator to be valid.
Authentication During Probate
- Since no witnesses are required during execution, witnesses may be called during probate to authenticate the handwriting and signature of the testator.
- If there are no available witnesses, expert evidence on handwriting may suffice.

Comparison of Notarial and Holographic Wills

Requirement	Notarial Will	Holographic Will
Writing	May be handwritten or typewritten	Must be entirely handwritten by the testator
Witnesses	Three witnesses required	None required during execution
Acknowledgment	Acknowledgment before a notary public required	Not required
Attestation Clause	Mandatory	Not applicable
Alterations	Governed by formal rules, requiring witnesses	Must also be handwritten, dated, and signed
Probate Authentication	Easier due to witnesses	Requires handwriting proof during probate

Key Jurisprudence

Abangan v. Abangan (1919)
- Clarified that substantial compliance with formalities is insufficient; strict adherence to the law is required.
Kalaw v. Relova (1981)
- Highlighted that alterations to a holographic will must also be signed and dated by the testator.
Estate of Buenaventura (2008)
- Allowed flexibility in determining the date of a holographic will, provided the intent and chronology are clear.
Gan v. Yap (2010)
- Reinforced that a notarial will’s attestation clause must explicitly state compliance with formalities.

Important Notes

Void Provisions
- Any provision contrary to law, public policy, or good customs is deemed null and void.
Preterition and Legitime
- In both kinds of wills, omission of compulsory heirs can result in partial nullity (preterition).
Revocation of Wills
- Wills can be revoked by a subsequent will, destruction, or express declaration by the testator.

Adherence to these specific requirements ensures the validity and enforceability of a will, safeguarding the testator's final wishes.