Art. 783. A will is an act whereby a Art. 789.

When there is an imperfect

person is permitted, with the formalities description, or when no person or
prescribed by law, to control to a certain property exactly answers the
degree the disposition of this estate, to description, mistakes and omissions
take effect after his death. (667a) must be corrected, if the error appears
from the context of the will or from
Art. 784. The making of a will is a extrinsic evidence, excluding the oral
strictly personal act; it cannot be left in declarations of the testator as to his
whole or in part of the discretion of a intention; and when an uncertainty
third person, or accomplished through arises upon the face of the will, as to
the instrumentality of an agent or the application of any of its provisions,
attorney. (670a) the testator's intention is to be
ascertained from the words of the will,
Art. 785. The duration or efficacy of the taking into consideration the
designation of heirs, devisees or circumstances under which it was made,
legatees, or the determination of the excluding such oral declarations. (n)
portions which they are to take, when
referred to by name, cannot be left to Art. 790. The words of a will are to be
the discretion of a third person. (670a) taken in their ordinary and grammatical
sense, unless a clear intention to use
Art. 786. The testator may entrust to a them in another sense can be gathered,
third person the distribution of specific and that other can be ascertained.
property or sums of money that he may Technical words in a will are to be taken
leave in general to specified classes or in their technical sense, unless the
causes, and also the designation of the context clearly indicates a contrary
persons, institutions or establishments intention, or unless it satisfactorily
to which such property or sums are to appears that he was unacquainted with
be given or applied. (671a) such technical sense. (675a)

Art. 787. The testator may not make a Art. 791. The words of a will are to
testamentary disposition in such manner receive an interpretation which will give
that another person has to determine to every expression some effect, rather
whether or not it is to be operative. (n) than one which will render any of the
expressions inoperative; and of two
Art. 788. If a testamentary disposition modes of interpreting a will, that is to
admits of different interpretations, in be preferred which will prevent
case of doubt, that interpretation by intestacy. (n)
which the disposition is to be operative
shall be preferred. (n)
Art. 792. The invalidity of one of Art. 799. To be of sound mind, it is not
several dispositions contained in a will necessary that the testator be in full
does not result in the invalidity of the possession of all his reasoning faculties,
other dispositions, unless it is to be or that his mind be wholly unbroken,
presumed that the testator would not unimpaired, or unshattered by disease,
have made such other dispositions if the injury or other cause.
first invalid disposition had not been
made. (n) It shall be sufficient if the testator was
able at the time of making the will to
Art. 793. Property acquired after the know the nature of the estate to be
making of a will shall only pass thereby, disposed of, the proper objects of his
as if the testator had possessed it at the bounty, and the character of the
time of making the will, should it testamentary act. (n)
expressly appear by the will that such
was his intention. (n) Art. 800. The law presumes that every
person is of sound mind, in the absence
Art. 794. Every devise or legacy shall of proof to the contrary.
cover all the interest which the testator
could device or bequeath in the property The burden of proof that the testator
disposed of, unless it clearly appears was not of sound mind at the time of
from the will that he intended to convey making his dispositions is on the person
a less interest. (n) who opposes the probate of the will; but
if the testator, one month, or less,
Art. 795. The validity of a will as to its before making his will was publicly
form depends upon the observance of known to be insane, the person who
the law in force at the time it is made. maintains the validity of the will must
(n) prove that the testator made it during a
lucid interval. (n)
Art. 796. All persons who are not
expressly prohibited by law may make a Art. 801. Supervening incapacity does
will. (662) not invalidate an effective will, nor is the
will of an incapable validated by the
Art. 797. Persons of either sex under supervening of capacity. (n)
eighteen years of age cannot make a
will. (n) Art. 802. A married woman may make
a will without the consent of her
Art. 798. In order to make a will it is husband, and without the authority of
essential that the testator be of sound the court. (n)
mind at the time of its execution. (n)
Art. 803. A married woman may
dispose by will of all her separate
property as well as her share of the
conjugal partnership or absolute
community property. (n) Art. 806. Every will must be
acknowledged before a notary public by
SUBSECTION 3. - Forms of Wills the testator and the witnesses. The
notary public shall not be required to
retain a copy of the will, or file another
Art. 804. Every will must be in writing with the Office of the Clerk of Court. (n)
and executed in a language or dialect
known to the testator. (n)
Art. 807. If the testator be deaf, or a
Art. 805. Every will, other than a deaf-mute, he must personally read the
holographic will, must be subscribed at will, if able to do so; otherwise, he shall
the end thereof by the testator himself designate two persons to read it and
or by the testator's name written by communicate to him, in some
some other person in his presence, and practicable manner, the contents
by his express direction, and attested thereof. (n)
and subscribed by three or more
credible witnesses in the presence of the Art. 808. If the testator is blind, the will
testator and of one another. shall be read to him twice; once, by one
of the subscribing witnesses, and again,
The testator or the person requested by by the notary public before whom the
him to write his name and the will is acknowledged. (n)
instrumental witnesses of the will, shall
also sign, as aforesaid, each and every Art. 809. In the absence of bad faith,
page thereof, except the last, on the left forgery, or fraud, or undue and
margin, and all the pages shall be improper pressure and influence,
numbered correlatively in letters placed defects and imperfections in the form of
on the upper part of each page. attestation or in the language used
therein shall not render the will invalid if
The attestation shall state the number it is proved that the will was in fact
of pages used upon which the will is executed and attested in substantial
written, and the fact that the testator compliance with all the requirements of
signed the will and every page thereof, Article 805. (n)
or caused some other person to write
his name, under his express direction, in Art. 810. A person may execute a
the presence of the instrumental holographic will which must be entirely
witnesses, and that the latter witnessed written, dated, and signed by the hand
and signed the will and all the pages of the testator himself. It is subject to
thereof in the presence of the testator no other form, and may be made in or
and of one another. out of the Philippines, and need not be
witnessed. (678, 688a)
If the attestation clause is in a language
not known to the witnesses, it shall be
interpreted to them. (n)
Art. 811. In the probate of a Art. 816. The will of an alien who is
holographic will, it shall be necessary abroad produces effect in the Philippines
that at least one witness who knows the if made with the formalities prescribed
handwriting and signature of the by the law of the place in which he
testator explicitly declare that the will resides, or according to the formalities
and the signature are in the handwriting observed in his country, or in conformity
of the testator. If the will is contested, with those which this Code prescribes.
at least three of such witnesses shall be (n)
required.

In the absence of any competent Art. 817. A will made in the Philippines
witness referred to in the preceding by a citizen or subject of another
paragraph, and if the court deem it country, which is executed in
necessary, expert testimony may be accordance with the law of the country
resorted to. (619a) of which he is a citizen or subject, and
which might be proved and allowed by
Art. 812. In holographic wills, the the law of his own country, shall have
dispositions of the testator written the same effect as if executed according
below his signature must be dated and to the laws of the Philippines. (n)
signed by him in order to make them
valid as testamentary dispositions. (n) Art. 818. Two or more persons cannot
make a will jointly, or in the same
Art. 813. When a number of instrument, either for their reciprocal
dispositions appearing in a holographic benefit or for the benefit of a third
will are signed without being dated, and person. (669)
the last disposition has a signature and
a date, such date validates the Art. 819. Wills, prohibited by the
dispositions preceding it, whatever be preceding article, executed by Filipinos
the time of prior dispositions. (n) in a foreign country shall not be valid in
the Philippines, even though authorized
Art. 814. In case of any insertion, by the laws of the country where they
cancellation, erasure or alteration in a may have been executed. (733a)
holographic will, the testator must
authenticate the same by his full Art. 820. Any person of sound mind
signature. (n) and of the age of eighteen years or
more, and not bind, deaf or dumb, and
Art. 815. When a Filipino is in a foreign able to read and write, may be a
country, he is authorized to make a will witness to the execution of a will
in any of the forms established by the mentioned in Article 805 of this Code.
law of the country in which he may be. (n)
Such will may be probated in the
Philippines. (n)
Art. 821. The following are disqualified Art. 826. In order that a codicil may be
from being witnesses to a will: effective, it shall be executed as in the
(1) Any person not domiciled in the case of a will. (n)
Philippines;
(2) Those who have been convicted of Art. 827. If a will, executed as required
falsification of a document, perjury or by this Code, incorporates into itself by
false testimony. (n) reference any document or paper, such
document or paper shall not be
Art. 822. If the witnesses attesting the considered a part of the will unless the
execution of a will are competent at the following requisites are present:
time of attesting, their becoming
subsequently incompetent shall not (1) The document or paper referred to
prevent the allowance of the will. (n) in the will must be in existence at the
time of the execution of the will;
Art. 823. If a person attests the (2) The will must clearly describe and
execution of a will, to whom or to whose identify the same, stating among other
spouse, or parent, or child, a devise or things the number of pages thereof;
legacy is given by such will, such devise (3) It must be identified by clear and
or legacy shall, so far only as concerns satisfactory proof as the document or
such person, or spouse, or parent, or paper referred to therein; and
child of such person, or any one (4) It must be signed by the testator
claiming under such person or spouse, and the witnesses on each and every
or parent, or child, be void, unless there page, except in case of voluminous
are three other competent witnesses to books of account or inventories. (n)
such will. However, such person so
attesting shall be admitted as a witness
as if such devise or legacy had not been Art. 828. A will may be revoked by the
made or given. (n) testator at any time before his death.
Any waiver or restriction of this right is
Art. 824. A mere charge on the estate void. (737a)
of the testator for the payment of debts
due at the time of the testator's death Art. 829. A revocation done outside the
does not prevent his creditors from Philippines, by a person who does not
being competent witnesses to his will. have his domicile in this country, is valid
(n) when it is done according to the law of
the place where the will was made, or
according to the law of the place in
Art. 825. A codicil is supplement or which the testator had his domicile at
addition to a will, made after the the time; and if the revocation takes
execution of a will and annexed to be place in this country, when it is in
taken as a part thereof, by which accordance with the provisions of this
disposition made in the original will is Code. (n)
explained, added to, or altered. (n)
Art. 830. No will shall be revoked
except in the following cases:
(1) By implication of law; or
(2) By some will, codicil, or other
writing executed as provided in case of
wills; or
(3) By burning, tearing, cancelling, or
obliterating the will with the intention of
revoking it, by the testator himself, or
by some other person in his presence,
and by his express direction. If burned,
torn, cancelled, or obliterated by some
other person, without the express
direction of the testator, the will may
still be established, and the estate
distributed in accordance therewith, if
its contents, and due execution, and the
fact of its unauthorized destruction,
cancellation, or obliteration are
established according to the Rules of
Court. (n)

Art. 831. Subsequent wills which do not

revoke the previous ones in an express
manner, annul only such dispositions in
the prior wills as are inconsistent with or
contrary to those contained in the latter
wills. (n)

Art. 832. A revocation made in a

subsequent will shall take effect, even if
the new will should become inoperative
by reason of the incapacity of the heirs,
devisees or legatees designated therein,
or by their renunciation. (740a)

Art. 833. A revocation of a will based

on a false cause or an illegal cause is
null and void. (n)

Art. 834. The recognition of an

illegitimate child does not lose its legal
effect, even though the will wherein it
was made should be revoked