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; its essence lies in the testator (the person making the will) disposing of their estate to take effect after their death.

To be legally enforceable, a will must strictly comply with the formal requirements set by law. Failure to observe even one of these formalities can result in the entire will being declared void during probate.

Fundamental Qualifications of the Testator

Before addressing the document's form, the testator must meet specific legal qualifications:

Age: The testator must be at least 18 years of age.
Mental Capacity: The testator must be of sound mind at the precise time of the will's execution. This means they must know the nature of the estate to be disposed of, the proper objects of their bounty (their heirs), and the character of the testamentary act.
Voluntariness: The will must be executed freely, without duress, fear, threats, or undue influence.

The Two Types of Wills in the Philippines

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

1. Notarial (Ordinary) Will

A notarial will is a formal document that requires the intervention of witnesses and a notary public. Its requirements under Articles 805 and 806 of the Civil Code are as follows:

In Writing: It must be written in a language or dialect known to the testator.
Subscription (Signature): The testator must sign at the end of the will. If the testator is physically unable, they may direct another person to sign their name in their presence and by their express direction.
Attestation by Witnesses: There must be at least three (3) credible witnesses.
- The witnesses must sign the will and every page thereof in the presence of the testator and of one another.
- Witnesses must be of sound mind, at least 18 years old, not blind/deaf/dumb, and able to read and write.
Marginal Signatures: The testator and the instrumental witnesses must sign each and every page of the will on the left margin, except the last page where the signature appears at the end.
Pagination: All pages must be numbered correlatively in letters (e.g., "Page One," "Page Two") placed on the upper part of each page.
Attestation Clause: The will must contain a clause signed by the witnesses stating:
1. The total number of pages used.
2. That the testator signed the will (or caused another to sign) in their presence.
3. That the witnesses signed the will and all its pages in the presence of the testator and of each other.
Acknowledgment: The will must be acknowledged before a notary public by the testator and the witnesses. The notary cannot be one of the three instrumental witnesses.

2. Holographic Will

A holographic will is a simpler, private document. Under Article 810, its validity depends on only three strict criteria:

Entirely Handwritten: The entire document must be written by the hand of the testator. Typewritten or printed portions render the will void as a holographic will.
Dated: It must contain the full date (day, month, and year) written by the testator.
Signed: It must be signed by the hand of the testator.

Note on Alterations: Any insertion, cancellation, or erasure in a holographic will must be authenticated by the testator's full signature (not just initials) to be valid.

Critical Prohibitions and Limitations

Joint Wills

Under Article 818, joint wills—where two or more persons sign the same document as a single will for their reciprocal benefit or for the benefit of a third person—are strictly prohibited in the Philippines. This applies even if the will was executed by Filipinos in a foreign country where joint wills are legal.

The Concept of Legitime

Unlike some jurisdictions with "testamentary freedom," the Philippines follows the system of Legitimes. A testator cannot dispose of their entire estate if they have compulsory heirs (e.g., legitimate children, spouse, or illegitimate children).

A portion of the estate is reserved by law for these heirs.
A will can only validly dispose of the "Free Portion" of the estate.
If a will "preterits" (omits) a compulsory heir in the direct line, it may result in the total annulment of the institution of heirs.

The Necessity of Probate

In the Philippines, no will passes property until it has been probated. Probate is a mandatory court proceeding where the judge verifies:

The extrinsic validity (whether the formal requirements listed above were met).
The testamentary capacity of the testator.
The identity of the document as the true last will.

For a notarial will, at least one witness must testify. For a holographic will, if uncontested, at least one witness familiar with the handwriting must testify; if contested, three witnesses or expert testimony may be required.

Summary Checklist for Validity

Feature	Notarial Will	Holographic Will
Medium	Typed or handwritten	Strictly handwritten
Witnesses	At least three (3)	None required
Notarization	Mandatory	Not required
Signatures	Every page (left margin)	At the end (and by alterations)
Date	Recommended	Mandatory
Language	Must be known to testator	Must be known to testator