10 November 2018

- In 1989, X, a minor executed a will. Is the will valid? It depends on W/N R.A. 6809 already took
effect. For instance, if the will was executed during December, the testator might already be an
adult here under the special law.
- Stated the Testament scenario, can the will be probated there?
- If the will is not dated, may it be probated? Yes, notarial wills. These are always dated in the
end.
- May a nuncupative will be probated? No. Duh, it’s oral. Every will must be in writing.
- If the testator lived for a significant amount of time in a certain place and the will was executed
in the language of the place where he lived? Can the will be probated. Yes, per Abangan v.
Abangan where there can be presumption of the knowledge of the testator on the language of
the place.
- Emphasized that the signature must be at the logical end of the will. Subsequent stuff is of no
matter if they merely deal with superfluous stuff.
- Opportunity to see anent signing in Art. 805, the views here must be unobstructed.
- One witness signed 31 December, the other two on 1 January. Can the will be probated? Yes,
date is of no matter as long as the witnesses and the testator were in the presence of each
other.
- If the attestation clause does not provide the numbering of pages, can the will still be probated?
Yes, the number of pages and numbering PER PAGE, are two different things.
- Even if number of pages are not stated in the attestation clause, the will can still be probated.
- Caveat, if there is nothing in the notarial will that stated that the witnesses and testator signed
in front of each other, the will would be void, especially if it’s not at the attestation clause.
There would be no way to ascertain in the face of the will that such a stringent signing was
done.
- Strict requirement of signing under Icasiano v. Icasiano.
- If the testator and the witnesses went to the Notary Public and did some chilling and
acknowledged before him. Even if the acknowledgement was signed at a latter time, will is still
valid per Javellana v. Ledesma. The “Acknowledgement” that we are used to is a mere certificate
and does not refer to the act itself. Take note that the law does not require the certificate under
Art. 806.
- At the time of the execution of the will, one of the witnesses was domiciled in New York. During
probate, he’s already domiciled in Manila. Can the probate push through? -- Supervening
incompetency is provided in Art. 822, but supervening competency can in fact be applied here.
Applicable for witnesses only since in the testator, supervening competence does not in any way
validate a void will (according to Prof.)
- If a person is a blind person, may he validly execute a will? Can he be a competent witness? t
- Must the will be read to the blind testator? No, if it’s a holographic will.
- Discussed insertions under the Kalaw case, where insertions cannot be given effect due to lack
of FULL signature by the testator