ARTICLE 810.

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. Reviewer Page 14 A holographic will is a will that is entirely written, dated and signed by the hand of the testator himself. Advantages and disadvantages of a HW In the execution of the holographic will mentioned in NCC, the testator may either: 1. 2. divulge its contents, or keep secret as he may please and thus he may execute what other Codes call public notarial, mystic, secret or closed will.

1. 2. 3. 4. 5.

Whether the instrument submitted is indeed the decedents last will & testament Whether the said will is in accordance with the formalities prescribed by law Whether the decedent had the testamentary capacity at the time the will is executed Whether its signing was the voluntary act of the decedent The will must be SIGNED by the testator himself. -The full or customary signature is needed. Hence, the full name is not required. -The signature must appear at the end of the will. dispositions may be written below his signature. Additional

6.

There must be an animus testandi. -A will in the form of letter is all right, as long as the intent is clear. But a letter w/c contains testamentary dispositions or probate property dispositions is void.

HW may be utilized more frequently in the future. It has the merit of being more intimate & personal and is likely to be influenced by fraud or undue pressure. Formalities of HW: 1. 2. The language must be known to the testator. The will must be entirely written in the hand of the testator himself. -If it is typewritten, printed, computer print-out, or mimeographed, it is void. If the testator has no hands but he can write w/ his foot, it is valid, since what the law requires is personal distinctiveness. The will must be DATED. -In the case of a revision of the will, that of the later date should be preferred as expressing truly the last will & testament. -Generally, the date should be a true one. An incorrect one, as long as it was made in good faith, does not invalidate the will. But if it is inserted intentionally, it is as if there is no date, hence the will is considered void. -Unless the unauthorized alterations, cancelations or insertions were made on the date of the HW or on the testators signature, their presence does not invalidate the will -In a petition to admit a HW to probate, the only issues to be resolved are:

7.

Must be executed at the time the HW are allowed, not before, the time of death being immaterial.

3.

Other features of the HW: 1. No witnesses, marginal signatures, acknowledgement are required. 2. In case of any insertion, cancellation, erasure or alteration, the testator must authenticate the same by his full signature. 3. May be made in and out of the Philippines, even by Filipinos. 4. May be made by a blind testator as long as he is literate. 5. Mechanical act of drafting a HW may be left to someone other than the testator, as long as the testator himself copies the draft in his own handwriting, dates it, signs it. HW must be construed liberally than the ones made by experts because the one who prepared it is not learned in law Function of Probate Court: -to settle & liquidate the estate of the deceased persons either summarily or through the process of administration.

ARTICLE 811. In the probate of a holographic will, it shall be necessary that at least one witness who knows the

handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. If the will is contested, at least three of such witnesses shall be required. In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to. Probate is the allowance of the will by the court after its due execution is proved Proof of identity of the signature & handwriting of the testator is important, otherwise, the will is valid. Probate may be contested or uncontested. If uncontested, 1 witness. If none, experts may be resorted to. If contested, 3 witnesses. If none, experts may be called upon. Even if ordinary witnesses are available, if they are unconvincing Effect if the holographic will is lost or destroyed: -if it is without intent to revoke, no other copy is available, it can never be probated because the best & only evidence therefor is the handwriting of the testator in the said will. If the will is contested, at least three of the witnesses shall be required. MANDATORY

1.

If the last disposition is signed & dated: -preceding dispositions w/c are signed but not dated are validated. - But those w/c are not signed but dated are void. -Those w/c are not signed and not dated are void unless written on the same date and occasion as the latter disposition

2. -

The 1st discussion presupposes that the latter disposition was dated and signed by the testator himself. If done by another, w/o the testators consent, same will not affect the previous dispositions, w/c remain void if in themselves void; and remain valid if in themselves valid. If done by another w/ the testators consent, same effects as because the latter disposition is not really holographic

Authentication of Correction of Full Signature -Full signature means the full, customary or usual signature. (not necessarily the full name). If both the 1st & second names are merely initials, it is believed that this would be contrary to the intent of the law. -If there is an alteration w/o full signature, only the alteration is void. However, if what is altered is the date or signature, alteration w/o the full signature is void. Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he may be. Such will may be probated in the Philippines. Formalities of Wills executed by Filipinos abroad -permissive, not mandatory. -A Filipino, if in California, can make a will in accordance w/ the forms (extrinsic validity) of: 1. California 2. Or Philippines Exception to the Rule: Art. 819

ARTICLE 812. In holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions. Dispositions written below the signature -Dispositions after the testator must be dated and signed by the testator to be valid. If it lacks one requisite, it is void.

ARTICLE 813. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. Rules of curing defects

Effect of Foreign Probate

-In one sense, there is no need of of ordinary usual probate. What is required however is that there must be a proceeding that the will was already been probated abroad. Rule is the same as proving foreign judgment. Art. 816 The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. Formalities for wills executed by aliens abroad An alien abroad may make a will in accordance w/ the formalities (EV) prescribed by law of: 1. 2. 3. 4. Place of his residence or domicile His own country or nationality The Philippines The law of place of execution (lex loci celebrationis)

though authorized by the laws of the country where they may have been executed. -This is one exception of lex loci celebrationis -Prohibition refers only to Filipinos

Art. 817. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines Formalities for wills executed by aliens in the Philippines

If a Chinese lives in Manila, he can follow the extrinsic formalities of the wills required. a. b. In China- lex nationalii Or in the Philippines- lex loci celebrationis

ARTICLE 818. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. Ex. A joint will was probated by RTC. No appeal was made, judgment became final. Can the joint will be given effect? -Yes. This is an instance of erroneous judgment. ARTICLE 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be valid in the Philippines, even