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It is important to know how to make a Last Will and Testament, whether to choose a Notarial Will or a Holographic Will and how to undertake a Probate of Will.
You&rsquo;ll need to make a Will especially if you want to leave any of your Estate to people who are not your&nbsp;<a href="https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/" target="_blank" rel="noopener">Compulsory Heirs</a>.
If you are a Filipino and you want to write a Will, you will need to follow Philippine Law so that the Will is valid (Probate of Will) and can be executed.
Below, we list considerations you need to take into account so that your Will can be put into effect by the courts.
We&rsquo;ll discuss:
<ul>
<li>What makes a Will valid</li>
<li>The 2 forms of a Will such as the Notarial form and the Holographic Will</li>
<li>The process of enforcing a Will through court (Probate of Will)</li>
<li>And how to prove a Will belongs to a certain person.</li>
</ul>
Let&rsquo;s jump right in.

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A Will must comply with Philippine legal requirements, whether it is a Notarial or Holographic Will
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&nbsp;
A Philippine Will is a legal document.
It permits a person to control the distribution of his Estate after his death in line with Philippine Law.
A Will is a physical document which must follow certain formalities.
A valid Philippine Will must always be in written form.
The Will must be either: 1) executed, signed, and sworn to by the Testator and three witnesses before a Notary (A Notarial Will); or 2) entirely handwritten, dated, and signed by the Testator (A Holographic Will).

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<img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/Nop2XIWQTMLXVzYqFpn1R1OPrHUQngTS3CCWn4pJ.webp" alt="A magnifying glass for looking at the handwriting of a Last Will and Testament Philippines, with some crumpled papers to the right side." width="890" height="452">In the Philippines, a valid Will is always a signed and Notarized document
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&nbsp;
Because a Philippine Will must always be in written form, other modes of expressing how one wants his Estate to be distributed are not considered Wills under Philippine Law.
A video recording of the deceased in which he narrates how he wants his property divided among his Heirs is not a Will.
A private letter written by the deceased to her children in which she merely suggests to them how to divide the Estate among themselves is not a Will.
These cannot be enforced as a Last Will and Testament in a Philippine Probate Court.
Note &ndash;
An Estate can still be divided among the Heirs if there is no Will. This is done through an&nbsp;<a href="https://lawyerphilippines.org/how-to-transfer-land-heirs-philippines-extrajudicial-settlement-philippine-land-inheritance/#Part_6_Extrajudicial_Settlement">Extrajudicial Settlement of the Estate</a>, which is a legal document through which the Heirs unanimously agree how to divide the Estate
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Extrajudicial Settlement cases are filed in the BIR upon payment of the Estate Tax.
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[An Extrajudicial Settlement has the virtue of avoiding court costs, such as the significant filing fees for a Probate Case (which is about 2% of the estimated value of the Estate for large Estates) and the costs of trial itself. But it is completely dependent on the Heirs&rsquo; unanimous agreement as to the division of Property.
If the Heirs cannot unanimously agree with each other, then an Extrajudicial Settlement is not possible. Such an Estate cannot be settled without going to court, in which case a Will should have been made in any event.]

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One must know the rules that govern Wills in the Philippines before drafting one
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&nbsp;
Drafting a Last Will and Testament in the Philippines must be done in accordance with Philippine Law.
The first requirement is that the Testator must be of sound mind when he makes the Will. He must know the Estate to be disposed of, to whom it is given, and he must be aware of what he is doing in making his Will.
The Will itself must respect certain limits because the freedom to dispose of one&rsquo;s Estate is not absolute.
Philippine law reserves portions of the Estate for Compulsory Heirs such as children and a Legal Spouse.
These Compulsory Heirs cannot be excluded without cause.
Failing to provide their compulsory shares &ndash; known as Legitimes &ndash; can result in the&nbsp;<a href="https://lawyerphilippines.org/excluded-heirs-and-disinherited-children/">entire Will being ruled invalid</a>.
There are also formal requirements which must be complied with when drafting a valid Will.
Failure to follow these requirements can result in an invalid Will.
One should be aware of these legal restrictions and how to comply with them in order to ensure the document is deemed valid when it goes through Probate of Will after the persons death. Consulting with counsel is important for this and other aspects.

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There are only two types of Wills in the Philippines: a Notarial Will and a Holographic Will
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&nbsp;
There are two different kinds of Wills 1) a Notarial Will; and 2) a Holographic Will. They each have their own, specific formal requirements.
Notarial Will
A Notarial Will is a notarized document.
It must be signed and sworn to by the Testator himself or signed for him by a person in his presence at his express direction, and also signed and sworn to by three or more credible Witnesses all in each other&rsquo;s presence.
The three Witnesses should not be beneficiaries of the Will or, if they are, additional Witnesses must also duly witness the signing of the Will.
The Testator (or the person requested by him to write his name) and the Witnesses shall also sign each and every page of the Notarial Will in the left margin, except on the last page which will be signed at the end of the document. All pages should be numbered in letters placed on the upper part of each page (one, two, three etc.)
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A Notarial Will has many formal requirements but has several advantages over a Holographic Will
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The Attestation of this Notarized Will should state the number of pages of the Will. It should also state that the Testator signed every page, or caused another person to write his name, under his express direction, in the presence of the instrumental Witnesses, and that the latter Witnessed and signed all the pages in the presence of the Testator and of each other.
Holographic Will
A Holographic Will is a completely handwritten document.
It need not be Witnessed or Notarized.
It must be entirely written, dated, and signed by the hand of the Testator himself.
The Testator should sign at the bottom of the Holographic Will.
Any additional provisions written below his signature must be dated and signed by him to make them valid.
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A Holographic Will, which is hand-written is more complicated than it seems
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Any insertion, cancellation, erasure, or alteration in a Holographic Will must be authenticated by the Testator with his full signature.
A Holographic Will only requires the Testator to write it by hand rather than have the elaborate ritual of having it signed and Notarized with three competent Witnesses all in each other&rsquo;s presence.
Since it does not require Witnesses, it also has the character of being entirely private, so that the Testator need not even disclose to anyone that he made it. Or inform them of its dispositions.
Still, it should be made with the advice of counsel because all Wills have to comply with the Laws of Succession such as those for&nbsp;<a href="https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/" target="_blank" rel="noopener">Compulsory Heirs</a>. This also ensures that the Holographic Will can be found after the Testator&rsquo;s death.

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The Will must be Probated in court before it can be enforced
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&nbsp;
To enforce a Will in the Philippines a court case for Probate of Will is required to take place.
Probate of Will is required so that the Will can be used.
A Probate of Will proves to the court that the document is really the Last Will and Testament of the Testator.
A court case for the settlement of the Estate must be filed with the Regional Trial Court. Notice of the case must be sent to the Heirs and a trial is needed. Evidence must be presented and Witnesses called so that the court can admit the Will to Probate.
A Will that is not Probated has no effect and no property can be transferred under it.&nbsp; A Will must go through a Probate of Will Court Hearing
See other articles on Probate:
<a href="https://lawyerphilippines.org/how-to-probate-a-will-in-the-philippines/">How to Probate a Will in the Philippines</a>
<a href="https://lawyerphilippines.org/philippine-inheritance-and-foreign-wills/#How_is_probate_initiated">How is Probate initiated?</a>
<a href="https://lawyerphilippines.org/reprobate-of-wills-in-the-philippines/">Reprobate in the Philippines</a>

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Proving a Last Will and Testament is easier when the Testator is alive and can act as a Witness
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&nbsp;
Yes, a Probate of Will can be done while the Testator is still alive.&nbsp; But, a Last Will and Testament cannot transfer Property until after the Testator&rsquo;s death.
The Probate of Will case itself can be done while the Testator is still alive. It is recommended because it is easier to prove that these are the Testator&rsquo;s final wishes since he is on hand to testify to it. It is much better and easier for all involved.
The person who created the Will can file in court and spare his Heirs the cost and difficulty of Probating a Will.

During a Probate of Will court case the Will itself must be presented in court.
If it is a&nbsp;Notarial Will, the fact of its Notarization in the presence of Witnesses has to be proven in court.
At least one of the Witnesses named in the Will should testify to its authenticity and execution.
If it is a&nbsp;Holographic Will, at least one Witness must be present at the court case to testify that the handwriting and signature on the documents are those of the Testator. If the Will is contested, at least three of such Witnesses shall be required.
In the absence of any competent witness&nbsp;<a href="https://lawyerphilippines.org/the-courts-and-the-testimony-of-handwriting-experts/">a handwriting expert&rsquo;s testimony</a>&nbsp;may be resorted to if the court deems it necessary.
It is helpful for Holographic Wills, that the testator plan for the Probate of Will by making sure to leave samples of his handwriting and signatures for comparison. It would also be helpful for him to video record himself with the handwritten Will declaring that it is indeed his free act.
As with the drafting of the Will itself, the advice of counsel is helpful in order to ensure that they are admissible in court.
If you need any assistance or wish to make an appointment regarding your Will or Probating a Will you can&nbsp;<a href="https://lawyerphilippines.org/contact-us/" target="_blank" rel="noopener">contact us here</a>
Atty. Francesco C. Britanico,&nbsp;<a href="https://lawyerphilippines.org/">FCB Law Office</a> Lawyers In the Philippines

How do you make a Last Will and Testament in the Philippines?

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How do you make a Last Will and Testament in the Philippines? - Lawyers in the Philippines

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Lawyer

Atty. Francesco C. Britanico

It is important to know how to make a Last Will and Testament, whether to choose a Notarial Will or a Holographic Will and how to undertake a Probate of Will. You’ll need to make a Will especially if you want to leave any of your Estate to people who are not your Compulsory Heirs.