LAST HOLOGRAPHIC WILL AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS:
I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert name of spouse if any___, born on the ____th of ______________ , 19__ , a resident of __insert address__ , being of sound and disposing mind and memory, and not acting under undue influence or intimidation from anyone, do hereby declare and proclaim this instrument to be my Last Will and Testament, in English, the language which I am well conversant. And I hereby declare that:
I. I desire that should I die, it is my wish to be buried according to the rites of the Roman Catholic Church and interred at our family mausoleum in Manila;
II. To my beloved wife _____name of wife_____, I give and bequeath the following property to wit:_________________________ ;
III. To my esteemed children, ________________________ and ______________________I give and bequeath the following properties to wit:_______________________________ in equal shares;
IV. To my dear brother, __________________________I give and bequeath the following properties to wit:_______________________________.
V. To my loyal assistant, __________________________I give and bequeath the following properties to wit:_______________________________.
VI. I hereby designate ____name of executor_____ the executor and administrator of this Last Will and Testament, and in his incapacity, I name and designate _____________________ as his substitute.
VII. I hereby direct that the executor and administrator of this Last Will and Testament or his substitute need not present any bond;
VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary dispositions that I have made, executed, signed or published preceding this Last Will and Testament.
VII. I hereby direct that the executor and administrator of this Last Will and Testament or his substitute need not present any bond;
VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary dispositions that I have made, executed, signed or published preceding this Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of _____________, 2008, in ________________, Philippines.
_______________________________________
(Signature of Testator over Printed Name)
http://legal-forms.philsite.net/will-testament.htm
HERE ARE SOME OTHER SAMPLES BUT REMEMBER NO WITNESSES NECESSARY AND YOU MUST DO IT IN YOUR OWN HANDWRITING
http://answers.yahoo.com/question/index?qid=20071130092618AAALEeC
http://www.willarchives.com/
I would like to ask the best thing to about our situation. My grandmothers own the house we live in, another house and 2 other apartments in the province and a 30-hectare land in another province as well. I don't think they were able to make a will before they passed away. Both of them are old maids and they only raised their nephew (our uncle) and their niece (our mother). They were both legally adopted when they were still babies. My uncle who is a drunkard and hooked on drugs is claiming that he is the older than my mother so he has all the rights to all the properties left by my grandmothers. My mother had 4 children and as the grandchildren, we were the ones who took care of our grandmothers when they grew old. Our uncle never had a job despite being a graduate of a very prestigious school in Naga. We live all live in Pasig by he way. Whenever our uncle is drunk or high, he would threaten us that he would kick us all out of HIS house. he's been this way even when my grandmothers were still alive. He is one of the reasons why our grandmothers are always in the hospital. Whenever he would need to ask money from our grandmothers, he would get drunk and scare the wits out of them even with him knowing that they both have heart ailments. We don't know what to do with parting the properties and we don't know the first thing to do. Please help.
ReplyDeleteif they were legally adopted then by law, all the rights of legitimate children would be the same with them. thus as legitimate children, if alive, they(uncle and mother) shall inherit together.
DeleteGet a trusted attorney that is reputable or your trust be careful when choosing a attorney! ok!
ReplyDeletespecially a moneys involve very very careful!
ReplyDeletecan a married couple (one not able to write because of old age but can sign his name) make a joint holographic Last Will and Testament. One can write in full the will and both can sign. Can it be valid?
ReplyDeleteIf the married couple are Filipino citizens, they can't make a joint will here in the Philippines nor can it be probated in the country. Joint wills are void under Philippine law.
DeleteHolographic wills to be valid must be written personally. The task of physically writing it can't be left to another person even if such person is his/her spouse.
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ReplyDeleteWhat paper can i use to write a holographic will? Is white or yellow pad ok because there is line to write on? Thank you!
ReplyDeletecan i include bank account on holographic will?
ReplyDeletearticle 810 of the Philippines civil code states that holographic must entirely written (own handwriting) , dated and signed by the hands of the testator himself. It is not subject to no other forms. maybe made in or out of the Philippines and need not be witnessed. meaning you can used white of yellow pad paper as you wished.
ReplyDeleteyou can include anything you legally own whether real or personal property..
ReplyDeleteWhat should I write if I want to disinherit a legal heir? Specifically, my husband, for abandoning us. I have one child and I want him to have all of what little I have when I die.
ReplyDelete