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(iii) Must be signed at the end by the testator or another person in his
presence and at his express direction (Art. 805, id.).
Person signing should not be one of the attesting witnesses, unless
there are more than 3 such witnesses.
Signature of Testator
ATTESTATION CLAUSE
(ACKNOWLEDGEMENT)
ACKNOWLEDGEMENT
NOTARY PUBLIC
Doc. No. _____
Page No. _____
Book No. _____
Series No. _____
(ix) If the testator is deaf or a deaf-mute, he must
personally read the will, or he must
designate two persons (need not be the
attesting witnesses) to read or communicate
the will to him, but they must know the sign
language (Art. 807).
(x) If the testator is blind, the will should be
read to him twice: one, by one of the
subscribing witnesses, and again, by the
notary public, (Art. 808).
But: (a) A blind, deaf, and dumb man cannot
make a will because of difficulty of
communication.
(b) The notary public cannot be one of the
attesting witnesses, because he cannot
acknowledge his own act.
b) Holographic Will
Requirements:
(i) Language must be known to the testator. (Art. 804,
NCC).
(ii) It must be entirely written, dated, and signed by the
testator. (Art. 810)
(iii) Insertions, cancellations, erasures, or alterations must
be authenticated by the full signature of the testator
(Art.814); otherwise, the alterations, etc. are void,
but not the will itself.
(iv) If there are dispositions written below the signature,
they must be dated and signed in order to be valid
(Art. 812)
(v) When there are dispositions that are signed but not
dated, but the last disposition has a signature and a
date, such date validates the dispositions preceding
it (Art. 813).
Advantages of holographic wills:
(i) More intimate and personal.
(ii) Unlikely to be influenced by fraud or undue influence
(iii) No witnesses, no marginal signatures, no notarization and
acknowledgment needed.
(iv) Subject to no other form. (Art. 810)
(v) Can be made in or out of the Philippines (id.)
Note:
But the testator can still revoke his will
although already probated during his
lifetime.
b) After the testators death.
6. Grounds for disallowance of wills (Art.
839, NCC)
a) Formalities required by law were not complied with.
b) Testator had no testamentary capacity at the time of
execution of the will.
c) Will was executed through force, duress, or influence of
fear or threats.
d) Will was procured by undue and improper pressure and
influence on the part of the beneficiary or some other
person.
e) Signature of the testator on the will was procured by
fraud.
f) Testator acted by mistake or did not intend that the
instrument he signed should be his will when he
signed it.
Remember:
CHILD
(Propositus)
Explanation:
a) Mother gave land to child by donation or in her will; i.e., by
gratuitous title.
b) Child died with no descendant and no will, so father
inherited land intestate. Or child gave land to father as the
latters legitimate in a will.
c) Father owns land only until he dies. Land is reserved by law
in favor of the relatives of the mother within the 3rd degree
from the child, who are the reservees or reservatarios.
d) The reservees or reservatarios within the 3rd degree from the
child are any of the following:
(i) Maternal half-brothers and half-sisters (second degree)
(ii) Maternal half-nephews and half-nieces (third degree)
(iii) Maternal grandparents (second degree)
(iv) Maternal great grandparents (third degree)
(v) Maternal aunts and uncles (third degree)
MGGP
Reservatarios 3
or Reservees
(Relatives of MGP
the propositus
within the 3rd 2
degree in the 3 3
maternal line.)
MA MU Mother (Origin)
2 1
2
A B C D
A-1 B-1
Answer:
Xs estate is actually P90,000 (the P60,000 donation to
A and the remainder of his estate of P30,000). The legitime
of A, B and C is, therefore P45,000. Divide this into three,
and A, B and C each gets a legitime of P15,000. B and C
should get the remaining P30,000 of Xs estate as their
legitime. X gets his legitime of P15,000, and the free portion
of P45,000 (imputing his donation to his legitime and the
free portion). So Xs donation is not inofficious.
c) T has two legitimate children A and B. In his will, T
gave A a legacy of P80,000. However, when T died, his
estate minus As legacy would only be P20,000. Should As
legacy be reduced?
Answer:
The total estate of T is P100,000 (P80,000 plus
P20,000), so the legitime of A and B is P50,000 or P25,000
each. In order to complete Bs legitime of P25,000, reduce
As legacy by P5,000 and add it to the remaining estate of
P20,000. So both A and B would receive a legitime of
P25,000 each, while the rest of As legacy would be taken
from the free portion.
KNOW ALL MEN BY THESE PRESENTS:
Signature of Testator
ATTESTATION CLAUSE
(ACKNOWLEDGEMENT)
ACKNOWLEDGEMENT
NOTARY PUBLIC
Doc. No. _____
Page No. _____
Book No. _____
Series No. _____