Category Archives: Succession / Inheritance

Notarial Wills: Form and Requirements of Last Will and Testament

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A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death (Civil Code, Art. 783). The person who makes the Will is called the testator. The elements are discussed below. For easy reference, the provisions are cited (unless stated otherwise, the provisions are from the Civil Code).

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Holographic Wills: Form, Requirements for Validity and Probate

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A holographic will is one which is entirely written, dated, and signed by the hand of the testator himself/herself. The only requirements for the validity, and probate, of a holographic will are those contained in Article 810 of the Civil Code, which reads in full: “A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed.”

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Extrajudicial Settlement of Estate: Basic Discussion

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When a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor is incompetent, or refuses the trust, or fails to furnish the bond required by the Rules of Court. One exception to this is the extrajudicial settlement of estate.

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Last Will and Testament in the Philippines: Basic Discussion

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The settlement of a person’s estate after his/her death, based on our experience, is potentially one of the more bitter litigations. It’s never good to see relatives fighting each other. Some persons, with the intent of controlling the disposition of his/her properties after his/her death (and hopefully prevent fighting among his/her heirs over the properties left), prepare a “last will and testament”. Let’s have a brief discussion on this matter.

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