LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, ____name of testator_____ , Filipino citizen, of legal age, single/married to

___insert name of spouse if any___, born on the ____th of ______________, ____ , a
resident of __insert address__ , being of sound and disposing mind and memory, and
not acting under undue influence or intimidation from anyone, do hereby declare and
proclaim this instrument to be my Last Will and Testament, in English, the language
which I am well conversant. And I hereby declare that:

I. I desire that should I die, it is my wish to be buried according to the rites of

the Roman Catholic Church and interred at our family mausoleum in Manila;

II. To my beloved wife _____name of wife_____, I give and bequeath the

following property to wit:_________________________ ;

III. To my esteemed children, ________________________ and

______________________I give and bequeath the following properties to
wit:_______________________________ in equal shares;

IV. To my dear brother, __________________________I give and bequeath

the following properties to wit:_______________________________.

V. To my loyal assistant, __________________________I give and bequeath

the following properties to wit:_______________________________.

VI. I hereby designate ____name of executor_____ the executor and

administrator of this Last Will and Testament, and in his incapacity, I name and
designate _____________________ as his substitute.

VII. I hereby direct that the executor and administrator of this Last Will and
Testament or his substitute need not present any bond;

VIII. I hereby revoke, set aside and annul any and all of my other will or
testamentary dispositions that I have made, executed, signed or published
preceding this Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of

_____________, 20__, in ________________, Philippines.

_______________________________________
(Signature of Testator over Printed Name)
 ATTESTATION CLAUSE

We, the undersigned attesting witnesses, do hereby affirm that the forgoing is the last
Will and Testament of ___name of testator___ and we certify that the testator executed
this document while of sound mind and memory. That the testator signed
this document in our presence, at the bottom of the last page and on the left hand
margin of each and every page, and we, in turn, at the testator's behest have witnessed
and signed the same in every page thereof, on the left margin, in the presence of the
testator and of the notary public, this _____ day of __________, 20__ at____________.

______________________________ ______________________________
Signature of Witness Address

______________________________ ______________________________
Signature of Witness Address

______________________________ ______________________________
Signature of Witness Address

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the city of ________________, personally
appeared:

The testator ________________, with CTC No. __________ issued at ___________

on____________;

Witness, ___________________, with CTC No. __________ issued at ___________

on____________;

Witness, ___________________, with CTC No. __________ issued at ___________

on ____________;

Witness, ___________________, with CTC No. __________ issued at ___________

on ____________;

all known to me to be the same persons who executed the foregoing Will, the first as
testator and the last three as instrumental witnesses, and they respectively
acknowledged to me that the same as their own free act and deed.

This Last Will and Testament consists of __ page/s, including the page on which this
acknowledgment is written, and has been signed on the left margin of each and every
page thereof by the testator and his witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above
written.

Notary Public

Doc.No._____;
PageNo._____;
BookNo._____;
Series of 20__.
 LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, (single / married / widow), a citizen of _____________

and currently a resident of _____________, with sound and disposing mind and
memory, and without having been forced, intimidated or unduly influenced by anybody,
have hereby voluntarily executed and proclaimed this instrument, as my Last Will and
Testament, in English, a language I speak and write with and of which I am well
conversant:

1. That should I finally rest in eternal peace, it is my wish and desire that internment,
vigil and burial be made in accordance with the customs and traditions of the
_____________ Church;
2.That I am the owner of the following properties:
(List and Description of Real and Personal Properties)
3.That should the Lord Almighty finally summon this soul from its earthly abode, it is my
wish and desire to bequeath, grant and devise my properties above-mentioned, as
follows:
a)To my beloved (wife/husband) _____________, I hereby bequeath the properties
listed as nos. _______ above;
b)To my beloved children _____________, _____________, and _____________, I
hereby bequeath in equal shares, the properties listed as nos. _______ above;
c)To _____________ who has been my constant companion and nurse in my illness, I
hereby devise the property listed as no. _______ above;
d)To my (brother/sister/friend/etc.) _____________ I give the property listed as no.
_______ above;
4.That should Divine Providence will it that I die ahead of my beloved (wife/husband), I
hereby proclaim as my wish and desire which my heirs, devisees and legatees should
respect, that the provisions of the foregoing Paragraph 3, Sub-Paragraphs b, c, and d
be rendered temporarily without force and effect, and my surviving (wife/husband) shall
have full use and enjoyment of all the above-listed properties; and only upon (his/her)
demise shall the provisionsof Paragraph 3, Sub-Paragraphs b, c, and d come
into effect;
5.That for the purpose of rendering this Last Will and Testament effective thru the
proper proceeding in Court, I hereby name and constitute _____________ as Executor
and Administrator of this Last Will and Testament, and that in his incapacity, I hereby
name _____________ as his substitute;
6.That the Executor and Administrator I hereby nominate shall be excused from posting
any bond;
7.That I hereby revoke, set aside, and annul any other will or testamentary disposition I
have made, signed, or proclaimed.

IN WITNESS WHEREOF, I have hereunto set my this ______ at _____, Philippines.

 ATTESTATION CLAUSE

WE, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and
'Testament of _____________ and we hereby certify: That (he/she) executed the same
while of sound and disposing mind and memory; That he signed the same in our
presence, at the bottom of the last page and on the left hand margin of each and every
page, and we, at his behest, have signed hereunder and on the left hand
margin of each and every page, in (his/her) presence, in the presence of the Notary
Public, and in the presence of each and every one of us this _____________ at
_____________, Philippines.

WITNESS ADDRESS
1. ____________________________________

2. ____________________________________

3. ____________________________________

Republic of the Philippines)

Province of ____________________)S.S.
City/Municipality of _____________)
x---------------x

ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the
(Province/City/Municipality) of _____________, personally appeared the following
persons, with their respective Community Tax Certificates as follows:
Name C.T.C. No.Date / Place Issued

1. TESTATOR _____________ _____________

2. WITNESS_____________ _____________

3. WITNESS_____________ _____________

4. WITNESS_____________ _____________

known to me and to me known to be the same person who executed the foregoing Last
Will and Testament, which he acknowledged to me to be (his/her) own free and
voluntary act and deed and which (he/she) executed and signed in the presence of the
three (3) above-named attesting witnesses, who all signed their names as proof of their
attestation on this page before the Testator _____________ and in the
presence of each and everyone of them, and they acknowledged the same to be their
free and voluntary act and deed.
This Last Will and Testament consists of _____________.(______) pages, including the
page on which the ratification and acknowledgment are written.
WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 201
Wills and Compulsory Heirs

Compulsory heirs are legitimate children or descendants, legitimate parents or

ascendants, surviving spouse, and illegitimate children.

And it’s important to note that a testator cannot use a will to disinherit compulsory heirs
without sufficient legal cause.

Usually, accepted reasons for disinheritance are proven attempts to take the testator’s
life, or receiving maltreatment from the compulsory heirs, among others.

Short to say, there is a lot of legal notes here so it’s always best to just consult a lawyer
if this is an important concern for you.

Art. 804. Every will must be in writing and executed in a language or dialect known to
the testator.

Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof
by the testator himself or by the testator’s name written by some other person in his
presence, and by his express direction, and attested and subscribed by three or more
credible witnesses in the presence of the testator and of one another. The testator or
the person requested by him to write his name and the instrumental witnesses of the
will, shall also sign, as aforesaid, each and every page thereof, except the last, on the
left margin, and all the pages shall be numbered correlatively in letters placed on the
upper part of each page. The attestation shall state the number of pages used upon
which the will is written, and the fact that the testator signed the will and every page
thereof, or caused some other person to write his name, under his express direction, in
the presence of the instrumental witnesses, and that the latter witnessed and signed the
will and all the pages thereof in the presence of the testator and of one another. If the
attestation clause is in a language not known to the witnesses, it shall be interpreted to
them.

Art. 806. Every will must be acknowledged before a notary public by the testator and
the witnesses. The notary public shall not be required to retain a copy of the will, or file
another with the office of the Clerk of Court.

Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able
to do so; otherwise, he shall designate two persons to read it and communicate to him,
in some practicable manner, the contents thereof.

Art. 808. If the testator is blind, the will shall be read to him twice; once, by one of the
subscribing witnesses, and again, by the notary public before whom the will is
acknowledged.
Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure
and influence, defects and imperfections in the form of attestation or in the language
used therein shall not render the will invalid if it is proved that the will was in fact
executed and attested in substantial compliance with all the requirements of article 805.

In a case, the Supreme Court succintly discussed the foregoing provisions, it held
that:

“In addition to the requirements under Article 805, the ordinary will must be
acknowledged before a notary public by the testator and the attesting witnesses (Art.
806, Civil Code), hence it is likewise known as a notarial will. Where the testator is deaf
or a deaf-mute, Article 807 requires that he must personally read the will, if able to do
so. Otherwise, he should designate two persons who will read the will and communicate
its contents to him in a practicable manner. On the other hand, if the testator is blind,
the will should be read to him twice; once, by anyone of the witnesses thereto, and then
again, by the notary public before whom it is acknowledged (Art. 808, Civil Code).”

The other kind of will is the holographic will, under Article 810 of the New Civil Code:

“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.”

This kind of will, unlike the ordinary type, requires no attestation by witnesses. A
common requirement in both kinds of wills is that they should be in writing and must
have been executed in a language or dialect known to the testator (Art. 804, Civil
Code).

However, before a person may execute a will, he or she must possess the following:

a. That the testator must must be at least eighteen years of age, and;
b. That he must be of sound mind.(Article 797 and 798, New Civil Code)

To be of sound mind, it is not necessary that the testator be in full possession of all
his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered
by disease, injury or other cause. It shall be sufficient if the testator was able at the time
of making the will to know the nature of the estate to be disposed of, the proper objects
of his bounty, and the character of the testamentary act. (Article 799, New Civil Code)

In filing a petition for probate, it is important to know that the venue for its filing is in the
Regional Trial Court of the place where your deceased sister, as the testator, resides at
the time of her death. (Rule 73, Section 1, Id.)
 For computation purposes only, find out the value of half of the deceased person's
estate. Think of 1/2 as the "free portion" mandated by law. The other 1/2 (referred to as
"hereditary estate") is what is, in theory, immediately ready for division.

 One legitimate child is entitled to 1/2 of the hereditary estate. Two or more
legitimate children are entitled to divide the 1/2 of the hereditary estate equally among
themselves.
 The surviving spouse is entitled to 1/4 of the hereditary estate if there is only one
legitimate child. With two or more legitimate children, he or she is entitled to a portion
equal to the legitime of a legitimate child. The legitime of the surviving spouse is taken
from the free portion of the estate.
 The legitime of illegitimate children is taken from the free portion of the hereditary
estate, provided that this does not exceed the free portion. The Family Code of the
Philippines provides that the legitime of each illegitimate child is 1/2 that of a
legitimate child.