Notarial Will Philippines: Requirements and Witnesses

A notarial will (also called an attested or ordinary will) is valid in the Philippines only if it is in writing, in a language the testator knows, signed by the testator at the end and on every page, signed by at least three qualified witnesses in each other’s presence, carries a complete attestation clause, and is acknowledged before a notary public by the testator and all the witnesses (Civil Code, Arts. 804–806).

These are strict rules. The Supreme Court has refused probate to wills whose testators’ wishes were perfectly clear, only because a blank for the page count was never filled in or the notary used the wrong certificate. This guide covers each requirement, the defects that have actually voided wills, and what to do whether you are making a will or holding one after a death.

What are the requirements of a notarial will?

Use this checklist when drafting the will, at the signing, and when you review a will you have found. Each row is a separate requirement; missing any one of them puts the will at risk.

Requirement	What it means in practice	Legal basis
Written in a language the testator knows	Typed or printed is fine. The testator must actually understand the language used.	Civil Code, Art. 804
Testator signs at the end	The testator’s signature (or the testator’s name written by another at his express direction and in his presence) follows the last provision.	Civil Code, Art. 805
Signatures on every page	Testator and witnesses sign each page except the last on the left margin.	Civil Code, Art. 805
Pages numbered in letters	Every page is numbered correlatively in letters (“Page One of Four”) on its upper part.	Civil Code, Art. 805
Three or more credible witnesses	They attest and sign in the presence of the testator and of one another.	Civil Code, Arts. 805, 820, 821
Complete attestation clause	States the number of pages, that the testator signed every page before the witnesses, and that the witnesses signed in the testator’s and each other’s presence.	Civil Code, Art. 805
Witnesses sign the attestation clause	Margin signatures alone do not count as attestation.	Azuela v. Court of Appeals
Acknowledgment before a notary	The testator and every witness acknowledge the will before a notary public; a jurat is not enough.	Civil Code, Art. 806

The text of Articles 804 to 806 is quoted in Gaspi v. Pacis-Trinidad (G.R. No. 229010, November 23, 2020), and the full Article 805 attestation requirements in Caneda v. Court of Appeals (G.R. No. 103554, May 28, 1993).

Who can be a witness to a notarial will?

Under Article 820, any person of sound mind, at least eighteen years old, not blind, deaf or dumb, and able to read and write may witness a will. Article 821 disqualifies two groups: anyone not domiciled in the Philippines, and anyone convicted of falsification of a document, perjury or false testimony (both articles are quoted in Gonzales v. Court of Appeals, G.R. No. L-37453, May 25, 1979).

“Credible” in Article 805 does not mean the witness must first prove a good reputation. In Gonzales, the Court read “credible witness” as a competent witness: someone who has the Article 820 qualifications and none of the Article 821 disqualifications. Whether the witness is believed is decided later, when the court hears the witness’s testimony at probate.

One practical caution: avoid using as witnesses the people who will receive property under the will, or their spouses or close relatives. The Civil Code has a separate rule on gifts to an attesting witness that can cost that witness the gift, and an interested witness invites a challenge. Choosing three neutral adults removes the issue.

What must the attestation clause say?

The attestation clause is the witnesses’ own statement of what happened at the signing. Article 805 requires it to state three things: the number of pages the will is written on; that the testator signed the will and every page (or had someone sign at his express direction) in the presence of the witnesses; and that the witnesses witnessed and signed the will and all its pages in the presence of the testator and of one another. If the clause is in a language the witnesses do not know, it must be interpreted to them.

Article 809 forgives “defects and imperfections in the form of attestation or in the language used therein” if it is proved that the will was in fact executed and attested in substantial compliance with Article 805, in the absence of bad faith, forgery, fraud or undue pressure. The Court in Caneda drew the line: Article 809 covers defects that can be supplied by examining the will itself, not the total absence of a required statement that only outside testimony could prove.

So in Caponong-Noble v. Abaja (G.R. No. 147145, January 31, 2005), a 1932 will decided under the older Code of Civil Procedure, a clause that did not state the number of witnesses was saved because the three signatures were visible on the will itself, applying the same substantial-compliance reasoning. A clause that never says the witnesses signed in each other’s presence was not saved in Caneda.

Which defects have voided notarial wills?

These are outcomes the Supreme Court actually reached. Use them to check a draft, or to judge how strong an objection to a will may be.

Defect	Outcome	Case
Attestation clause never states that witnesses signed in the testator’s and each other’s presence	Fatal. A total omission cannot be cured by Article 809.	Caneda v. CA, G.R. No. 103554
Blank for the number of pages left unfilled, and no page count anywhere in the will	Fatal. The page count could not be found by reading the will.	Azuela v. CA, G.R. No. 122880
Witnesses signed the page margins but not the attestation clause	Fatal. An unsigned attestation clause is not the witnesses’ act.	Azuela v. CA, G.R. No. 122880
Notary wrote a jurat (“signed and notarized”) instead of an acknowledgment	Fatal. Article 806 requires an acknowledgment, even if the will was sworn to.	Azuela v. CA, G.R. No. 122880
Attestation clause does not state the number of witnesses	Not fatal (older law). The three signatures on the will showed compliance.	Caponong-Noble v. Abaja, G.R. No. 147145

In Azuela v. Court of Appeals (G.R. No. 122880, April 12, 2006), the will was in Filipino and the notary closed with “Nilagdaan ko at ninotario ko…” (“I signed and notarized this…”). The Court held that a notarial will not acknowledged by the testator and the witnesses “is fatally defective, even if it is subscribed and sworn to.”

Why does the notarial acknowledgment matter?

A jurat certifies that a person swore to a document’s contents. An acknowledgment certifies that the testator and each witness personally appeared before the notary and declared the will to be their free act and deed. Article 806 requires the acknowledgment. When you sign, check that the notarial certificate is worded as an acknowledgment and names the testator and all three witnesses as having appeared.

What if the testator is blind, cannot read, or does not know the language?

Article 808 says that if the testator is blind, the will must be read to him twice: once by one of the subscribing witnesses and again by the notary public. In Alvarado v. Gaviola (G.R. No. 74695, September 14, 1993), the Court applied this to a testator who could not read because of poor eyesight. A single reading by the lawyer, while the witnesses and notary followed their own copies, was accepted as substantial compliance, but the safer course is to follow Article 808 exactly.

On language, Caponong-Noble v. Abaja, which also quotes Article 804, held that the will need not state that the testator knew the language; this can be proved by other evidence, such as testimony that the testator habitually spoke it. Even so, write the will in the language the testator is most comfortable reading.

Your options and what to do next

Your next step depends on where you are in the process.

If you are making a notarial will

What to do: have a lawyer draft the will and attestation clause, then hold one signing session with the testator, three qualified witnesses and the notary in the same room.
What to bring: valid government IDs for the testator and each witness (the notary must identify everyone who appears), and enough printed copies for review.
At the signing: confirm the page numbering, that every page is signed on the left margin, that the attestation clause states the page count, and that the witnesses sign the clause itself.
Optional: under Rule 76, Section 1 of the Rules of Court, the testator may petition the court to allow the will during his lifetime, which settles questions of form while the testator can still testify.
Where to get help: a private lawyer, or the Public Attorney’s Office (PAO) if you qualify for free legal assistance.

If you hold the will of someone who has died

Deliver the will: under Rule 75, Section 2 of the Rules of Court, whoever has custody must deliver it to the court within twenty days after learning of the death. An executor named in the will has the same twenty days to present it and accept or refuse the trust (Section 3). Failing to do so can lead to a fine, and willful withholding to imprisonment (Section 4).
File for probate: no will passes property until a court allows it (Rule 75, Section 1). The petition is filed in the province where the deceased lived at death (Rule 73, Section 1). See our guide on probate of a will: process and requirements.
What to bring: the original will, the death certificate, a list of heirs, devisees and legatees with addresses, and a list of the estate’s property with estimated values.
Witnesses: if no one contests, the testimony of one subscribing witness can prove the will (Rule 76, Section 5). If it is contested, all subscribing witnesses who are available must be produced (Section 11), so locate them early.

If you want to oppose a notarial will

Check the form first: compare the will against the checklist and defect table above, especially the attestation clause and the notary’s certificate.
File an opposition in the probate case: objections to due execution are raised in the probate court, not in a separate case.
Check your share: even a valid will cannot impair a compulsory heir’s legitime. See compulsory heirs and legitime and preterition.
First action: get a copy of the will and the probate petition, and bring them to a lawyer or PAO before the hearing date.

Key takeaways

A notarial will needs writing in a known language, the testator’s signature at the end and on every page, three qualified witnesses, a complete attestation clause and a notarial acknowledgment (Civil Code, Arts. 804–806).
Witnesses must sign the attestation clause itself, not only the margins.
Article 809 saves imperfect wording that the will itself can verify; it does not save a required statement that is missing entirely.
A jurat in place of an acknowledgment has voided a will.
After a death, the will must be delivered to the court within twenty days of learning of the death and probated before it can transfer property.

Frequently asked questions

Can a notarial will be typed and printed?

Yes. Article 804 only requires that the will be in writing and in a language the testator knows. A typed will is valid as a notarial will if it meets the signing, witnessing and acknowledgment rules. A will written entirely in the testator’s own hand may instead qualify as a holographic will.

Can relatives of the testator be witnesses?

Being a relative is not one of the Article 821 disqualifications. But witnesses who, or whose families, receive something under the will create avoidable problems, including possible loss of the gift. Use three neutral adults who meet Article 820.

Is a will void if the attestation clause leaves the page count blank?

In Azuela v. Court of Appeals, the Supreme Court held a will fatally defective where the page count was blank and could not be found anywhere in the will. If the page count appears elsewhere in the will itself, substantial compliance may still be argued.

Does a notarial will still need probate?

Yes. No will passes real or personal property unless it is proved and allowed by the proper court. A perfectly executed notarial will must still go through probate after the testator’s death, or during the testator’s lifetime if the testator files the petition.

Related guides

Our holographic will guide covers the handwritten alternative.
See notarial vs holographic wills compared to choose between the two forms.
Read what happens when there is no valid will.

Sources

Sources rechecked as of: October 6, 2026

This is general legal information, not legal advice. CivilLaw.ph is independent and is not a government office, court or law firm. Before making, signing or contesting a will, consult a Philippine lawyer or the Public Attorney’s Office.

Notarial Will in the Philippines: Requirements and Witnesses