Documente Academic
Documente Profesional
Documente Cultură
BY PERSIDA ACOSTA
JANUARY 04, 2019
HOME
/
LEGAL ADVICE
/
DEARPAO
/
TWO KINDS OF WILL
Persida Acosta
Dear PAO,
I am 80 years old. I have three children with my first wife and another
four children with my second wife. I want to make a will for the
disposition of my properties in order to avoid conflict between my
children. At the same time, I want to preserve my will even after my
death because I am worried that my will may be altered or falsified.
Please enlighten me on the difference between a notarial will and a
holographic will.
Arturo
Dear Arturo,
In the execution of both notarial and holographic wills, they must be
in writing and in the language or dialect known to the person making
his last will and testament. This is in accordance with our Civil Code,
to wit:
“The testator or the person requested by him to write his name and the
instrumental witnesses of the will, shall also sign, as aforesaid, each
and every page thereof, except the last, on the left margin, and all the
pages shall be numbered correlatively in letters placed on the upper
part of each page.
“The attestation shall state the number of pages used upon which the
will is written, and the fact that the testator signed the will and every
page thereof, or caused some other person to write his name, under his
express direction, in the presence of the instrumental witnesses, and
that the latter witnessed and signed the will and all the pages thereof in
the presence of the testator and of one another.
Advertisements
“If the attestation clause is in a language not known to the witnesses, it
shall be interpreted to them. (n)
“The testator himself may, during his lifetime, petition the court for
the allowance of his will.”