A last will and testament is a legal instrument by which a person directs how his or her estate will be distributed upon death, subject to the limits and formalities imposed by Philippine law. In the Philippines, making a valid will is not only a matter of writing down one’s wishes. The law is strict. A will that does not follow the required legal forms may be denied probate and treated as void, in which case the estate may be settled as if no will had been made.

This article explains, in Philippine context, what a will is, who may make one, the kinds of wills recognized, the formal requirements for validity, the limits on what a person may give away, how a will is proved in court, and the common errors that invalidate wills.

I. What a will is

A will is an act by which a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate upon death. It speaks only upon death. While the testator is alive, the will has no operative effect as a conveyance of property. The maker remains free to revoke it, replace it, or alter it within the bounds allowed by law.

A will is therefore:

personal,
revocable during the testator’s lifetime,
effective only upon death, and
subject to probate before it can be enforced.

A document may express wishes about property, family, burial, recognition of children, appointment of an executor, and other matters, but unless it satisfies the formal legal requirements of a will, it may not be enforceable as one.

II. Who may make a will

Under Philippine law, a person may make a will if he or she:

is at least eighteen years old, and
is of sound mind at the time of execution.

A. Age requirement

A minor cannot make a valid will. The minimum age is eighteen.

B. Soundness of mind

Soundness of mind does not require perfect memory or freedom from sickness. A person may be old, weak, bedridden, physically impaired, or even suffering from illness and still be capable of making a valid will, provided that at the time the will is executed the person understands:

the nature of the act being done,
the nature and extent of the property being disposed of,
the persons who are the natural objects of his or her bounty, and
the way the will distributes the estate.

The crucial point is mental capacity at the time of making the will. Even a person with mental decline may have a lucid interval during which a valid will may be executed. Conversely, a person who signs during a period of incapacity may have made no valid will at all.

Because capacity can later be challenged, it is wise in practice to prepare evidence showing competence at execution, especially if the testator is elderly or seriously ill. This may include medical certifications, video recording, and careful documentation, though these are not substitutes for the legal requirements.

III. Why a will matters in the Philippines

A will matters because without one, the estate is distributed according to intestate succession. The law decides who inherits and in what shares. A valid will allows the testator to do things that intestacy may not accomplish, such as:

choosing who receives the free portion of the estate,
making specific legacies and devises,
appointing an executor,
recognizing an illegitimate child where proper,
making certain charitable gifts,
imposing lawful conditions,
directing the partition of property within legal limits,
reducing conflict by clarifying intent.

But a will does not allow complete freedom. Philippine law protects compulsory heirs through the system of legitime. This is one of the most important rules to understand.

IV. The limit of testamentary freedom: legitime and compulsory heirs

In the Philippines, a testator cannot freely dispose of the entire estate if compulsory heirs exist. Certain heirs are entitled by law to a reserved portion called the legitime. Any testamentary disposition that impairs legitime may be reduced.

A. Who are compulsory heirs

Compulsory heirs generally include, depending on the circumstances:

legitimate children and descendants,
legitimate parents and ascendants, in default of legitimate children and descendants,
the surviving spouse,
acknowledged natural children and other illegitimate children, subject to the governing legal rules,
in some contexts, parents of illegitimate children may have rights under older legal frameworks, but the modern practical core is that legitimate descendants, ascendants, surviving spouse, and illegitimate children are central.

The exact composition of compulsory heirs depends on who survives the decedent.

B. Free portion and legitime

The estate is conceptually divided into:

the legitime, reserved by law for compulsory heirs, and
the free portion, which the testator may generally dispose of by will.

A person who writes a will must therefore understand that he cannot simply disinherit a spouse or child at will, nor can he validly leave everything to one favorite heir, a caregiver, a friend, or a religious institution if that would prejudice the legitime of compulsory heirs.

C. Why this matters in drafting

A will may be formally valid and still be ineffective in part because its dispositions violate legitime. Thus, validity of form and validity of substance are separate concerns. To make a useful will, one must comply with both.

V. Kinds of wills recognized in the Philippines

Philippine law recognizes two principal kinds of wills:

notarial wills, and
holographic wills.

These differ in form, witnesses, and authentication.

VI. The notarial will

A notarial will is the formal, attested will executed with witnesses and acknowledged before a notary public. This is the more structured type and is often used where the estate is significant, the dispositions are complex, or the testator wants a stronger record of due execution.

A. Essential formalities of a notarial will

For a notarial will to be valid, the formalities must be followed strictly.

1. It must be in writing

The will must be written. It may be in English, Filipino, or any language or dialect known to the testator.

2. The testator must sign the will at the end

The will must be subscribed by the testator himself or herself at the end of the will.

If the testator is physically unable to sign, another person may sign the testator’s name in the testator’s presence, and by the testator’s express direction. This is allowed, but because it invites scrutiny, the circumstances should be clearly stated and carefully documented.

3. There must be at least three credible witnesses

The will must be attested and subscribed by at least three credible witnesses in the presence of the testator and of one another.

This is a critical requirement.

The witnesses must generally be competent, of sufficient age, not blind, deaf, or dumb in a way that would prevent them from performing the attestation role, and able to understand what they are witnessing. Their credibility may later matter in probate.

4. Signing must occur in one another’s presence

The testator and the witnesses must sign in the presence of each other. This means there must be such physical arrangement that each could see the others sign if each chose to do so. Actual watching is not always required, but there must be conscious presence and opportunity for visual perception.

Signing in separate rooms, or at entirely different times without the required mutual presence, can invalidate the will.

5. Each and every page must be signed on the left margin

The testator or the person requested by him to write his name, and the instrumental witnesses, must sign each and every page of the will on the left margin, except the last page, where the subscription at the end appears.

The purpose is to prevent insertion or substitution of pages.

6. The pages must be numbered correlatively in letters on the upper part of each page

The pages of the will must be numbered in letters. This is one of the technical requirements that courts have treated seriously, though case law has sometimes discussed substantial compliance depending on the defect and the absence of bad faith or fraud. It remains best practice to follow the rule exactly.

7. The will must contain an attestation clause

The witnesses must sign an attestation clause stating essentially:

the number of pages used,
that the testator signed the will, or caused another to sign for him, in the presence of the witnesses, and
that the witnesses signed the will and every page thereof in the presence of the testator and of one another.

The attestation clause is not a decorative paragraph. It is a required formal statement. Defects in the attestation clause are a frequent ground for disallowance.

8. The will must be acknowledged before a notary public

The testator and the witnesses must acknowledge the will before a notary public.

This is different from merely signing before a notary. The acknowledgment is the formal act by which they declare that the document is their voluntary act and deed. A defective notarization may fatally affect the will.

B. Language of the will

The will may be in a language or dialect known to the testator. It is important that the testator understand the language used. If the will is in a language not understood by the testator, that may undermine validity.

When a will is written in a language not known to the witnesses or likely to be disputed, extra care should be taken to prove that the testator fully understood its contents.

C. Blind testators

Special rules apply when the testator is blind. The will must be read to the blind testator twice:

once by one of the subscribing witnesses, and
once by the notary public before whom the will is acknowledged.

Failure to comply with this special requirement can invalidate the will.

D. Deaf or deaf-mute testators

A deaf testator who can read must personally read the will. If unable to read, special precautions should be taken to show communication and understanding. These cases require exceptional care.

E. Witnesses: who may and may not serve

The law requires credible witnesses. Practical caution suggests the witnesses should be disinterested persons with no substantial benefit under the will.

A devise or legacy to a witness, or to the witness’s spouse, parent, or child, may be void unless there are enough other competent witnesses. While such a gift does not always invalidate the whole will, it creates avoidable complications.

Best practice is simple: use disinterested witnesses.

F. Common problems that invalidate a notarial will

A notarial will may be denied probate for defects such as:

fewer than three credible witnesses,
witnesses not present together,
missing signatures on pages,
improper page numbering,
defective or incomplete attestation clause,
acknowledgment not properly made before a notary,
testator not signing at the end,
evidence that the testator did not know the contents,
fraud, duress, undue influence, or lack of capacity.

Because the notarial will is formalistic, even seemingly minor defects can be dangerous.

VII. The holographic will

A holographic will is a will entirely written, dated, and signed by the hand of the testator. It does not require witnesses, notarization, or an attestation clause.

This is often the simplest type in form, but it must satisfy very strict handwriting requirements.

A. Essential formalities of a holographic will

To be valid, a holographic will must be:

entirely written by the testator,
dated by the testator, and
signed by the testator.

All of these must be in the testator’s own handwriting.

B. “Entirely written” means entirely handwritten

A typed, printed, computer-generated, or partly typewritten document is not a valid holographic will. The core feature of this kind of will is that the whole body is in the handwriting of the testator.

This rule is strict. If another person writes portions of it, validity may be challenged. A pre-printed form filled in by hand is risky. The safest approach is a completely handwritten document from beginning to end.

C. Date requirement

The will must be dated. The date helps establish testamentary capacity, sequence of revocation, and whether it is the last will where multiple writings exist.

While courts may discuss date sufficiency in context, best practice is to state the full date clearly: day, month, and year.

D. Signature requirement

The testator must sign the holographic will. The signature should be placed at the end. The purpose is to show finality and authentication.

E. Insertions, cancellations, erasures, and alterations

Alterations in a holographic will can create serious problems. As a rule, dispositions altered by insertion, cancellation, erasure, or alteration must be authenticated by the full signature of the testator.

If changes are made without proper authentication, the altered part may be invalid, and disputes may arise as to whether only the change or the entire instrument is affected.

The practical lesson is that substantial edits should be avoided on the face of the document. If changes are needed, making a new holographic will or a properly executed codicil is far safer.

F. Advantages of a holographic will

A holographic will offers:

privacy,
simplicity,
no need for witnesses,
no notarial process,
convenience in urgent situations.

G. Risks of a holographic will

It also presents serious risks:

handwriting may be challenged,
authenticity may be disputed,
language may be vague,
there may be no lawyer or witnesses to explain intent,
alterations may invalidate parts,
the original may be lost, destroyed, or concealed.

A holographic will is easy to make but often harder to prove in court.

VIII. Which is better: notarial or holographic?

Neither is universally better. The choice depends on the circumstances.

A notarial will is generally stronger where:

the estate is substantial,
the family situation is complicated,
compulsory heirs may contest,
specific parcels of land or corporate interests are involved,
the testator wants an executor clearly appointed,
the risk of challenge is high.

A holographic will may be suitable where:

privacy is important,
the estate plan is simple,
the testator can personally write the whole document,
immediate execution is necessary,
witnesses and a notary are impractical.

From a litigation standpoint, notarial wills often provide a clearer record of due execution, but only if all formalities are meticulously followed.

IX. The contents of a will

A valid will may include many kinds of provisions, subject to law, morals, good customs, public order, and public policy.

It may contain:

institution of heirs,
specific legacies of personal property,
specific devises of real property,
designation of substitute heirs,
conditions not contrary to law,
appointment of an executor,
directions for partition,
recognition of an illegitimate child where legally effective,
burial wishes,
charitable dispositions,
statement revoking prior wills.

A. Institution of heirs

The testator may name one or more heirs to the whole or a portion of the estate, subject to legitime.

B. Legacies and devises

A legacy is a gift of personal property by will. A devise is a gift of real property by will.

Specific gifts should be described clearly. Ambiguous descriptions create litigation. For land, technical descriptions and title references are highly advisable in actual drafting.

C. Appointment of an executor

The testator may appoint an executor to carry out the will. The executor is subject to court appointment and supervision during probate and estate settlement. Naming a reliable executor is often one of the most useful parts of a will.

D. Conditions

A will may impose conditions, but unlawful, impossible, or immoral conditions may be void. Conditions that unlawfully restrain marriage, compel illegal acts, or violate public policy are problematic.

X. What a will cannot validly do

A will cannot legally do everything the testator may want. It cannot validly:

defeat the legitime of compulsory heirs,
dispose of property not owned by the testator at death, subject to exceptions on after-acquired property depending on the terms and law,
order acts contrary to law or public policy,
retroactively transfer ownership during the testator’s lifetime,
validly disinherit a compulsory heir without legal cause and proper form,
bypass required probate.

A will is powerful, but not absolute.

XI. Disinheritance in the Philippines

A compulsory heir cannot be deprived of legitime except by valid disinheritance for a cause expressly allowed by law.

A. Disinheritance must be express

Disinheritance must be made in a valid will. It cannot be presumed.

B. It must state a legal cause

The will must specify a cause recognized by law. General statements such as “I disinherit my son because he is ungrateful” are not enough unless the facts amount to a legal ground and are properly stated.

C. The cause must be true

If the cause is false, unproved, or not one of those allowed by law, the disinheritance fails.

D. Effect of invalid disinheritance

If disinheritance is ineffective, the compulsory heir may still receive legitime, though other testamentary provisions may remain valid if separable.

Disinheritance is one of the most technical areas in succession law and frequently fails when casually attempted.

XII. Preterition

Preterition is the complete omission in the direct line of a compulsory heir, especially a compulsory heir in the direct descending line, from the inheritance.

This doctrine is important because if a compulsory heir in the direct line is entirely omitted, the institution of heirs may be annulled, though devises and legacies may remain valid insofar as they do not impair legitime.

A person making a will must be careful not to accidentally omit a compulsory heir such as a legitimate child.

XIII. Codicils and amendments

A codicil is a supplement to a will made after the execution of the will, adding to, explaining, or altering it. A codicil must be executed with the same formalities as a will, depending on its type.

Thus:

a codicil to a notarial will should observe notarial will formalities,
a holographic codicil should satisfy holographic formalities if made in that form.

In practice, when major changes are needed, making an entirely new will is often cleaner than making piecemeal changes.

XIV. Revocation of wills

A will is revocable during the lifetime of the testator.

Revocation may be done by:

implication of law,
a subsequent will, codicil, or written instrument executed with the formalities required by law,
burning, tearing, canceling, or obliterating the will with intent to revoke.

A. Revocation by a later will

A later valid will may expressly revoke a prior will, or it may revoke prior provisions by inconsistency.

Best practice is to include an express revocation clause.

B. Physical revocation

Physical destruction must be accompanied by intent to revoke. Accidental destruction is not revocation.

C. Revival issues

If a later revoking will is itself revoked, questions may arise as to whether the earlier will revives. These issues can be technically complex, so succession planning should not rely on assumptions about revival.

XV. Probate: why a valid will still needs court approval

No will passes property by itself without probate. In the Philippines, a will must be allowed by the court before it can be given effect.

Probate is the judicial process of proving the due execution and validity of the will.

A. Why probate is mandatory

Even if everyone in the family agrees, a will must still be probated before rights under it can be enforced as a will. This is because the court must determine:

whether the document is indeed the will of the decedent,
whether it was executed according to law,
whether the testator had capacity,
whether there was duress, fraud, mistake, or undue influence,
whether the will should be allowed.

B. Probate of a notarial will

A notarial will is proved by presenting the subscribing witnesses, if available, and other required evidence showing due execution.

C. Probate of a holographic will

A holographic will is proved by at least one witness who knows the handwriting and signature of the testator, if no contest arises. If contested, more rigorous proof may be required, often including expert comparison and testimony from persons familiar with the handwriting.

D. Lost or destroyed wills

A lost or destroyed will may in some instances still be probated, but the evidentiary burden is high. The proponent must prove due execution, contents, and that it was not revoked. This is difficult and expensive.

For holographic wills especially, preservation of the original is very important.

XVI. Foreign wills and Filipinos abroad

Philippine succession law has conflict-of-law aspects. A Filipino abroad or a foreigner with property in the Philippines may raise questions about:

intrinsic validity,
extrinsic validity,
nationality,
domicile,
property location,
applicable succession law.

As a general practical matter:

the form of the will may be governed by the law of the place of execution or other connecting factors recognized by law,
intrinsic validity of testamentary provisions may depend on nationality principles,
Philippine property, especially real property, can trigger Philippine legal consequences.

For Filipinos residing abroad, care must be taken to ensure the will is valid both where executed and in Philippine proceedings if it affects Philippine assets.

XVII. Joint wills and mutual wills

Joint wills by Filipinos are generally prohibited. A joint will is one instrument executed by two or more persons, usually spouses, disposing of their property. Even if authorized by the law of the place where executed, joint wills by Filipinos are not favored under Philippine law.

Spouses should ordinarily execute separate wills.

This is an area where many laypersons make serious mistakes by trying to prepare one combined “husband and wife will.”

XVIII. Wills by spouses

A spouse may make a will disposing only of what he or she may legally transmit. This is especially important in the context of marriage settlements, absolute community, conjugal partnership, or separation of property.

A married person cannot validly devise the entire conjugal or community property as if it were exclusively his or hers. The will can dispose only of the decedent’s transmissible interest, after liquidation and subject to the rights of the surviving spouse and compulsory heirs.

XIX. Property regimes and the will

In the Philippines, the marital property regime matters greatly.

Depending on the applicable property regime, the estate may include:

exclusive property of the decedent,
the decedent’s share in community or conjugal property,
fruits, income, and accretions depending on the regime.

Before distributing by will, the estate must first be determined. This often requires:

identifying exclusive and common property,
liquidating the property regime,
paying debts, taxes, and expenses,
then partitioning the net estate.

A will that loosely says “I give our house to X” may create confusion if the house is community property and the testator owned only an undivided share.

XX. Debts, taxes, and estate settlement

A will does not avoid debts. The estate remains liable for:

debts of the decedent,
funeral expenses,
expenses of administration,
estate taxes and other lawful charges.

Heirs generally inherit the net estate, not gross assets free of obligations.

A testator may include directions regarding payment of debts and expenses, but these directions cannot defeat creditors’ lawful rights.

XXI. How to make a valid will in practice

A. For a notarial will

A prudent Philippine notarial will should do the following:

Clearly identify the testator.
State that the document is the last will and testament.
Revoke all prior wills and codicils.
State civil status, family circumstances, and relevant heirs.
Identify properties or intended shares with clarity.
Respect the legitime of compulsory heirs.
Appoint an executor, and possibly an alternate.
Be signed at the end by the testator.
Be signed on the left margin of each page by the testator and three credible witnesses.
Include page numbers in letters.
Include a proper attestation clause.
Be acknowledged before a notary public by the testator and witnesses.
If the testator is blind, comply with the special reading requirement.
Keep the original in secure custody.

B. For a holographic will

A prudent holographic will should:

Be entirely handwritten by the testator.
Clearly state that it is the last will and testament.
Be dated clearly.
Be signed by the testator at the end.
State heirs and dispositions clearly.
Avoid scratch-outs and interlineations.
If changes are necessary, authenticate them properly or execute a new will.
Be stored safely where it can be found after death.
Preferably inform a trusted person that it exists and where the original is located.

XXII. Common drafting mistakes

Some of the most common mistakes in Philippine wills are the following:

A. Confusing a will with a simple letter of wishes

A handwritten letter saying “I want my children to divide my property equally” may not qualify as a valid holographic will unless it is entirely handwritten, dated, and signed with testamentary intent.

B. Using a template not adapted to Philippine law

Foreign templates often ignore legitime, compulsory heirs, attestation rules, and notarization requirements under Philippine law.

C. Leaving everything to one child while ignoring others

This often impairs legitime and triggers reduction or litigation.

D. Using interested witnesses

This may invalidate a gift to the witness and raise credibility issues.

E. Improper notarization

A notarized document is not automatically a valid notarial will. The specific formalities for wills are unique and stricter than for ordinary notarized contracts.

F. Failing to identify property correctly

This creates disputes over what exactly was bequeathed.

G. Omitting after-born or overlooked compulsory heirs

This can produce preterition issues and partial failure of testamentary dispositions.

H. Making informal edits later

Crossing out clauses, inserting names, and writing corrections in the margins can compromise validity.

I. Hiding the will too well

A perfectly valid will that cannot be found may be useless in practice.

XXIII. Can a will be notarized without witnesses?

For an ordinary Philippine notarial will, no. Witnesses are essential. Three credible witnesses are required.

A holographic will, on the other hand, does not need witnesses or notarization, but it must be entirely handwritten, dated, and signed by the testator.

XXIV. Can a typed will be valid without notarization?

Generally, no as a will. A typed will that is not executed with the formalities of a notarial will is highly vulnerable to invalidity. And because a holographic will must be entirely handwritten, a typed document cannot qualify as holographic.

XXV. Can a video or audio recording serve as a will?

No. A video may help prove intent or capacity, but it is not a substitute for the formal legal requirements of a will.

XXVI. Can a digital or electronic will be valid in the Philippines?

As a traditional rule, Philippine succession law requires compliance with the Civil Code formalities for wills. An electronic note, phone memo, email draft, or unsigned computer file is generally not a valid will merely because it records the person’s wishes. The law on wills remains formal and paper-based in operation.

XXVII. Can a notarial will be handwritten?

Yes. A notarial will may be handwritten or typed, provided all the formalities for a notarial will are met. The crucial point is not whether it is typed or handwritten, but whether the legal requirements for an attested and acknowledged will are followed.

XXVIII. Can one person sign for the testator?

Yes, but only if:

the testator is unable to sign,
the signing is done in the testator’s presence, and
it is done under the testator’s express direction.

This should be used cautiously and documented well.

XXIX. What happens if the will is invalid?

If the will is denied probate, the estate may be settled under intestate succession, unless there is another valid will or a valid portion that can still operate.

This can radically change who inherits. For example, a favorite niece, friend, or charity named in an invalid will may receive nothing if the estate passes by intestacy and compulsory heirs exist.

XXX. Contesting a will

A will may be contested on grounds such as:

lack of testamentary capacity,
failure to comply with formal requirements,
fraud,
duress,
undue influence,
forgery,
revocation,
existence of a later valid will.

Contests are common where there are large estates, second families, disputed properties, alleged caregivers’ influence, or strained family relations.

XXXI. Practical evidence that helps defend a will

Though not always legally required, the following can help support a will later:

medical evidence of soundness of mind,
lawyer’s notes on instructions,
witnesses who are disinterested and credible,
video of execution, especially in difficult cases,
proof that the will was read and understood,
secure custody of the original,
clear descriptions of heirs and assets.

These do not replace statutory formalities, but they help defeat later attacks.

XXXII. Safe storage and disclosure

After execution, the original will should be stored securely. A lost original creates major problems.

Common prudent measures include:

keeping the original in a secure location,
leaving a copy with counsel,
informing the executor or a trusted person where the original is kept,
maintaining a record of the execution date and witnesses.

For holographic wills in particular, the existence and location of the original should not be a mystery.

XXXIII. Burial wishes, guardianship, and personal directions

A will may contain burial wishes and other personal directions, though practical enforceability can vary.

As to guardianship of minor children, Philippine law treats custody and guardianship as matters ultimately subject to law and court supervision. A will may express a preference, but the court remains guided by the child’s best interests and governing law.

XXXIV. Recognition of children in a will

A will may, in proper cases, contain recognition of an illegitimate child, subject to the legal requirements for recognition. This can have important consequences for status and successional rights. Because family law rules intersect here, the wording and legal basis must be handled with care.

XXXV. Substitution and accretion

A sophisticated will may include provisions on:

substitution, naming another heir if the first cannot inherit,
accretion, where shares may pass to co-heirs in certain circumstances,
representation rules, where descendants may inherit in place of a predeceased heir under legal principles.

These doctrines affect how the estate is ultimately distributed and should be considered in detailed estate planning.

XXXVI. Intestate succession as the fallback rule

Every will should be prepared with the awareness that any invalid clause, omitted property, lapsed devise, or ineffective disposition may lead to partial intestacy. A carefully drafted will minimizes the need for fallback to intestate rules.

XXXVII. The best way to avoid invalidity

In Philippine practice, the safest path is to focus on five things:

1. Capacity

Make the will only when capacity is clear and provable.

2. Proper form

Choose either a fully compliant notarial will or a fully compliant holographic will. Do not mix forms carelessly.

3. Respect for legitime

Do not ignore compulsory heirs.

4. Clarity

Identify heirs, shares, and property precisely.

5. Preservation

Keep the original safe and discoverable.

XXXVIII. A practical Philippine summary

To make a valid last will and testament in the Philippines:

the testator must be at least eighteen and of sound mind;
the will must be either a valid notarial will or a valid holographic will;
a notarial will must be signed by the testator at the end, attested and subscribed by at least three credible witnesses in one another’s presence, signed on each page as required, contain a proper attestation clause, and be acknowledged before a notary public;
a holographic will must be entirely handwritten, dated, and signed by the testator;
the will must not unlawfully impair the legitime of compulsory heirs;
disinheritance must follow strict legal grounds and form;
the will must be probated in court after death before it can be enforced.

XXXIX. Final legal takeaway

In the Philippines, a will is not valid merely because it reflects genuine wishes. It must comply with exact legal formalities, and even a formally valid will remains subject to the law on compulsory heirs and legitime. The most legally sound will is one that is executed in the proper form, drafted with precision, respectful of mandatory shares, and preserved in a manner that makes probate feasible. A defective will can fail completely. A careful will can preserve order, reduce litigation, and ensure that the testator’s lawful intentions are carried out.