How to Make a Valid Will: Notarial vs Holographic Wills

Quick Answer: Philippine law recognizes both notarial and holographic wills. A notarial will must comply with the Civil Code’s formal execution and attestation requirements, while a holographic will must be entirely written, dated, and signed by the testator’s own hand. A will that fails mandatory formalities may be denied probate even if the testator’s intentions seem clear.

What Both Types of Will Have in Common

Article 804 requires every will to be in writing and executed in a language or dialect known to the testator. The testator must also have testamentary capacity under the Civil Code.

Notarial vs Holographic Will

Requirement	Notarial will	Holographic will
Writing	Written document	Entirely handwritten by testator
Date	Must comply with applicable execution requirements	Must be dated by testator
Signature	Testator signs as required by law	Signed by testator
Witnesses	Attesting witnesses required	No attesting witnesses required for execution
Notarization	Acknowledgment before notary required	Not required for validity as a holographic will

Requirements of a Notarial Will

Articles 805 and 806 govern the ordinary or notarial will. Among the formal requirements are proper signing by the testator, attestation and subscription by the required witnesses in the prescribed manner, page-signing requirements, an attestation clause, and acknowledgment before a notary public by the testator and witnesses.

The attestation clause is not decorative. It records essential facts surrounding execution, including the number of pages and the required acts of signing in the presence of the proper persons.

Requirements of a Holographic Will

Article 810 recognizes a holographic will that is entirely written, dated, and signed by the hand of the testator. It does not require attesting witnesses for execution. Alterations, insertions, deletions, and cancellations should also be handled in the manner required by the Civil Code to avoid later authenticity problems.

Common Errors That Can Cause Problems

A typed document is treated as holographic even though it is not entirely handwritten.
The holographic will lacks a date or signature.
The notarial will has an incomplete or defective attestation clause.
Required signatures are missing from pages.
The notarial execution was not properly acknowledged.
The testator uses a language the testator does not understand.
The will attempts to impair the legitime of compulsory heirs.
The original will cannot later be located or authenticated.

Can a Will Ignore Compulsory Heirs?

No will should be drafted without checking the rights of compulsory heirs. The testator’s freedom of disposition is limited by legitimes. See Compulsory Heirs and Legitime.

Does a Will Still Need Probate?

Yes. Article 838 provides that no will shall pass real or personal property unless it is proved and allowed in accordance with the Rules of Court. Probate generally addresses the will’s due execution and formal validity, although particular proceedings can raise additional issues.

Which Type of Will Is Better?

Neither form is automatically superior for every person. A holographic will can be simpler to execute because it does not require attesting witnesses, but handwriting, authenticity, alterations, storage, and probate proof can become important. A notarial will has more formal execution requirements but may provide a clearer contemporaneous record of compliance when prepared and executed carefully.

Practical Checklist Before Signing

List all major assets.
Identify compulsory heirs.
Separate property that is not solely owned by the testator.
Choose the will form before drafting.
Follow the statutory formalities exactly.
Avoid handwritten alterations that are not properly authenticated.
Store the original securely.
Tell a trusted person where the original can be found.

Name consistency matters: A will should identify the testator and beneficiaries clearly. If a birth-record discrepancy creates doubt, review which errors may be corrected without court.

Frequently Asked Questions

Can I type a holographic will and sign it?

No. A holographic will under Article 810 must be entirely written, dated, and signed by the hand of the testator.

Does a holographic will need notarization?

Notarization is not one of the execution requirements in Article 810 for a holographic will. The will must still later be proved in probate.

Can I make a will without a lawyer?

The Civil Code does not make lawyer participation an element of validity, but mistakes in form, legitime, ownership, or drafting can produce expensive disputes. Professional review can be valuable, especially for substantial or complicated estates.

Can spouses make one joint will?

Philippine law generally prohibits joint wills in the situations covered by Articles 818 and 819. Each person should use a legally valid individual testamentary instrument.

Related inheritance path: Before making a will, check Compulsory Heirs and Legitime. If there is no valid will, succession shifts to Who Inherits When Someone Dies Without a Will?. Browse the Succession and Inheritance hub.

After a will is signed, it still has to satisfy the rules on probate before it can govern succession. If the will omits or intentionally excludes a compulsory heir, compare preterition with disinheritance.