holographic wills

kalaw v. relova, 132 scra 237

Art. 814
Kalaw v. Relova (1984) [125]
Effect of non-compliance.
Issue: whether the original unaltered text after subsequent alterations and
insertions were voided by the Trial Court for lack of authentication by full signature
of the testatrix, should be probated or not.
Velasco v. Lopez: when a number of erasures, corrections, and interlineations
made by the testator in a holographic will have not been noted under his signature,
the will is not thereby invalidated as a whole, but at most only as respects the
particular words, erased, or interlined.
However, when as in this case, the holographic will in dispute had only one
substantial provision, which was altered by substituting the original heir with
another, but which alteration did not carry the requisite of full authentication by the
full signature of the testator, the effect must be that the entire will is voided or
revoked for the simple reason that nothing remains in the will after that which could
remain valid. To state that the will as first written should be given efficacy is to
disregard the seeming change of mind of the testatrix. But that change of mind can
neither be given effect because she failed to authenticate it in the manner required
by lay by affixing her full signature.
Velasco ruling must be held confined to such insertions, cancellations, erasures or
alterations in a holographic will, which affect only the efficacy of the altered words
themselves but not the essence and validity of the will itself.

What are the effects of insertions or interpolations made by a 3rd person?

General Rules:

When a number of erasures, corrections, cancellation, or insertions are made by the

testator in the will but the same have not been noted or authenticated with his full
signature, only the particular words erased, corrected, altered will be invalidated,
not the entirety of the will.

Exception:

1. Where the change affects the essence of the will of the testator; Note: When the
holographic will had only one substantial provision, which was altered by

substituting the original heir with another, and the same did not carry the requisite
full signature of the testator, the entirety of the will is voided or revoked.

Reason: What was cancelled here was the very essence of the will; it amounted to
the revocation of the will. Therefore, neither the altered text nor the original
unaltered text can be given effect. (Kalaw v. Relova, G.R. No. L-40207, Sept. 28,
1984)

2. Where the alteration affects the date of the will or the signature of the testator.

3. If the words written by a 3rd person were contemporaneous with the execution of
the will, even though authenticated by the testator, the entire will is void for
violation of the requisite that the holographic will must be entirely in the testators
handwriting.

Kalaw v. Relova
G.R. No. L-40207 September 28, 1984
Melencio-Herrera, J. (Ponente)

Facts:

1. Gregorio Kalaw, the private respondent, claiming to be the sole heir of sister
Natividad, filed a peition for probate of the latter's holographic will in 1968. The will
contained 2 alterations: a) Rosa's name, designated as the sole heir was crossed out
and instead "Rosario" was written above it. Such was not initialed, b) Rosa's name
was crossed out as sole executrix and Gregorio's ma,e was written above it. This
alteration was initialed by the testator.

2. Rosa contended that the will as first written should be given effect so that she
would be the sole heir. The lower court denied the probate due to the
unauthenticated alterations and additions.

Issue: Whether or not the will is valid

RULING: No, the will is voided or revoked since nothing remains in the will which
could remain valid as there was only one disposition in it. Such was altered by the
substitution of the original heir with another. To rule that the first will should be
given effect is to disregard the testatrix' change of mind. However, this change of
mind cannot be given effect either as she failed to authenticate it in accordance
with Art. 814, or by affixing her full signature.