Article 804. Every Will Must Be in Writing and Executed in A Language or Dialect Known To The Testator. (N)

Article 804. Every will must be in writing and executed in a language or dialect known to the testator.
(n)
Article 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by
the testator's name written by some other person in his presence, and by his express direction, and attested and
subscribed by three or more credible witnesses in the presence of the testator and of one another.
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.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. (n)
Article 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public
shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court.(n)
Article 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall
designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. (n)
Article 808. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and
again, by the notary public before whom the will is acknowledged. (n)
Article 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and
imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that
the will was in fact executed and attested in substantial compliance with all the requirements of article 805. (n)
Article 810. 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. (678, 688a)
Article 811. In the probate of a holographic will, it shall be necessary that at least one witness who knows the
handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the
testator. If the will is contested, at least three of such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary,
expert testimony may be resorted to. (619a)
Article 812. In holographic wills, the dispositions of the testator written below his signature must be dated and signed by
him in order to make them valid as testamentary dispositions. (n)
Article 813. When a number of dispositions appearing in a holographic will are signed without being dated, and the last
disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior
dispositions. (n)
Article 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must
authenticate the same by his full signature. (n)
Article 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the
law of the country in which he may be. Such will may be probated in the Philippines. (n)
Article 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed
by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with
those which this Code prescribes. (n)
Article 817. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance
with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his
own country, shall have the same effect as if executed according to the laws of the Philippines. (n)
Article 818. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit
or for the benefit of a third person. (669)
Article 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be valid in the
Philippines, even though authorized by the laws of the country where they may have been executed. (733a)

Article 804. Every Will Must Be in Writing and Executed in A Language or Dialect Known To The Testator. (N)

Uploaded by

Copyright:

Available Formats

Article 804. Every Will Must Be in Writing and Executed in A Language or Dialect Known To The Testator. (N)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Article 804. Every Will Must Be in Writing and Executed in A Language or Dialect Known To The Testator. (N)

Uploaded by

Copyright:

Available Formats

Article 804. Every will must be in writing and executed in a language or dialect known to the testator.

You might also like