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    Notarial V Holographic Wills

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    ronhuman14
    Notarial wills require more formalities like being signed by the testator and witnesses in each other's presence and being notarized. They must be signed on all pages. Holographic wills just need to be entirely handwritten, dated, and signed by the testator without witnesses or notarization. Both require proof of validity in probate, though holographic wills have an easier standard using witnesses familiar with the testator's handwriting rather than subscribing witnesses.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Notarial V Holographic Wills

    Uploaded by

    ronhuman14
    439 views1 page
    Notarial wills require more formalities like being signed by the testator and witnesses in each other's presence and being notarized. They must be signed on all pages. Holographic wills just need to be entirely handwritten, dated, and signed by the testator without witnesses or notarization. Both require proof of validity in probate, though holographic wills have an easier standard using witnesses familiar with the testator's handwriting rather than subscribing witnesses.

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    Original Title

    Notarial v Holographic wills

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    Notarial wills require more formalities like being signed by the testator and witnesses in each other's presence and being notarized. They must be signed on all pages. Holographic wills just need to be entirely handwritten, dated, and signed by the testator without witnesses or notarization. Both require proof of validity in probate, though holographic wills have an easier standard using witnesses familiar with the testator's handwriting rather than subscribing witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    439 views1 page

    Notarial V Holographic Wills

    Uploaded by

    ronhuman14
    Notarial wills require more formalities like being signed by the testator and witnesses in each other's presence and being notarized. They must be signed on all pages. Holographic wills just need to be entirely handwritten, dated, and signed by the testator without witnesses or notarization. Both require proof of validity in probate, though holographic wills have an easier standard using witnesses familiar with the testator's handwriting rather than subscribing witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Notarial Wills Holographic Wills

    Requirements (Art. 805-806) Requirements (Art. 810)


    1. Subscribed by the testator or his agent in 1. Entirely handwritten by the testator
    his presence and by his express direction at 2. Dated by him (should include the day,
    the end thereof, in the presence of the month and year of execution; Roxas v. De
    witnesses. Jesus, G.R. No. L-38338, 1985)
    3. Signed by him
    2. Attested and subscribed by at least three
    credible witnesses in the presence of the *Holographic wills are not subject to any form,
    testator and of one another. may be made in or out of the Philippines, and
    need not be witnessed.
    3. The testator or his agent must sign every
    page, except the last, on the left margin in the
    presence of the witnesses.

    4. The witnesses must sign every page,


    except the last, on the left margin in the
    presence of the testator and of one another.

    5. All pages must be numbered correlatively in


    letters on the upper part of each page.

    6. Attestation clause, stating:


    a. the number of pages of the will,
    b. the fact that the testator or his agent under
    his express direction signed the will and every
    page thereof, in the presence of the witnesses,
    c. the fact that the witnesses witnessed and
    signed the will and every page thereof in the
    presence of the testator and one another.

    7. Acknowledgement before a notary public.


    Probate requirement; Proof of extrinsic Probate requirement; Proof of extrinsic
    Validity (Rule 76, ROC) Validity

    1. Present the will 1. Present original will or at least a photostatic,


    scanned or any legible copy
    2. Present any attesting witnesses and/or
    notary public to prove due 2. One person familiar with the handwriting of
    execution/testamentary capacity; and the testator, unless contested in which case,
    three witnesses familiar with the handwriting of
    3. If no one is available, present any available the testator must be presented to prove that
    evidence to show authenticity or validity of the will was written in the handwriting
    contents of attestation clause.

    Uncontested; one subscribing witness only, if Uncontested; at least one witness who knows
    such witness testify that the will was executed the handwriting and signature of the testator
    as is required by law explicitly declare that the will and the signature
    are in the handwriting of the testator
    Contested; all the subscribing witnesses, and
    the notary Contested; at least three witnesses who
    knows the handwriting and signature of the
    testator explicitly declare that the will and the
    signature are in the handwriting of the testator
    (Art. 811)

    In the absence of any competent witness, and


    if the court deems it necessary, expert
    testimony may be resorted to.

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