Thursday, October 8, 2009

Holographic will, under Article 810 of the New Civil Code Philippines

...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)

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