In the Philippines, the execution of a Last Will and Testament is governed primarily by the Civil Code of the Philippines (Republic Act No. 386). A will is a strictly personal act; it allows a person, called the testator, to control to a certain degree the disposition of their estate after death.

To be legally enforceable, a will must strictly adhere to specific formal requirements. Failure to comply with these formalities can render the entire document void, resulting in intestate succession, where the law (not the deceased) determines how assets are distributed.

General Requirements for All Wills

Before looking at the specific types of wills, two foundational requirements apply to every testator:

Capacity to Make a Will: The testator must be at least 18 years of age.
Soundness of Mind: At the time of execution, the testator must be of "sound mind." This does not require perfect mental health; it simply means the testator knows the nature of the estate to be disposed of, the proper objects of their bounty (their heirs), and the character of the testamentary act.

Types of Wills in Philippine Law

Philippine law recognizes two distinct forms of wills. A testator may choose either, provided the specific formalities of that choice are met.

1. Notarial Will (Ordinary Will)

A Notarial Will is a formal document that requires the intervention of a Notary Public and witnesses. Under Articles 805 and 806 of the Civil Code, the requirements are:

In Writing: It must be written in a language or dialect known to the testator.
Subscription: The testator must sign the will at the end, or have another person sign the testator’s name in their presence and by their express direction.
Attestation and Subscription: It must be attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.
Marginal Signatures: The testator and the witnesses must sign each and every page of the will (except the last page) on the left margin.
Pagination: All pages must be numbered correlatively in letters placed on the upper part of each page (e.g., "Page One," "Page Two").
Attestation Clause: The will must contain an attestation clause stating the number of pages used and that the testator signed the will (or caused it to be signed) and that the witnesses signed in the presence of the testator and each other.
Acknowledgement: The will must be acknowledged before a Notary Public by the testator and the witnesses.

2. Holographic Will

A Holographic Will is a more informal option but is subject to very strict "handwriting" rules under Article 810.

Entirely Handwritten: The entire will must be written by the hand of the testator. If any part of the dispositive portion is typed or written by another person, the will is void.
Signed: It must be signed by the hand of the testator.
Dated: It must be dated by the hand of the testator.
No Witnesses Required: Unlike a notarial will, a holographic will does not require witnesses or notarization to be validly executed, though witnesses will be needed during probate to verify the handwriting.

The Concept of Legitime (Compulsory Heirs)

One of the most critical aspects of Philippine succession law is that a testator cannot freely dispose of their entire estate if they have compulsory heirs.

The law reserves a portion of the estate called the Legitime. The testator can only control the "free portion" of their estate. Compulsory heirs include:

Legitimate children and descendants.
In the absence of the above, legitimate parents and ascendants.
The surviving spouse.
Illegitimate children.

If a will "preterits" (omits) a compulsory heir in the direct line, the institution of heirs may be annulled, potentially reverting the distribution to the rules of intestacy.

Probate: The Final Step

No will passes property until it has been proved and allowed in a court of justice. This legal process is called Probate.

Post-mortem Probate: The most common form, initiated after the testator's death.
Ante-mortem Probate: Under Philippine law, a testator may also petition the court for the allowance of their will during their lifetime to ensure its validity and prevent future disputes.

During probate, the court does not look at the wisdom of the bequests, but rather focuses on the extrinsic validity: whether the testator was of sound mind, whether there was undue influence or fraud, and whether all the formal requirements mentioned above were strictly followed.

Common Grounds for Disallowance

Under Article 839, a will shall be disallowed if:

The formalities required by law were not complied with.
The testator was insane or mentally incapable at the time of execution.
It was executed through force, duress, fear, or threats.
It was procured by undue and improper pressure and influence.
The signature of the testator was forged.
The testator acted by mistake or did not intend for the instrument to be a last will.