description, mistakes and omissions

must be corrected, if the error appears

Art. 783. A will is an act whereby a from the context of the will or from
person is permitted, with the formalities extrinsic evidence, excluding the oral
prescribed by law, to control to a certain declarations of the testator as to his
degree the disposition of this estate, to intention; and when an uncertainty
take effect after his death. (667a) arises upon the face of the will, as to
the application of any of its provisions,
Art. 784. The making of a will is a the testator's intention is to be
strictly personal act; it cannot be left in ascertained from the words of the will,
whole or in part of the discretion of a taking into consideration the
third person, or accomplished through circumstances under which it was made,
the instrumentality of an agent or excluding such oral declarations. (n)
attorney. (670a)
Art. 785. The duration or efficacy of the Art. 790. The words of a will are to be
designation of heirs, devisees or taken in their ordinary and grammatical
legatees, or the determination of the sense, unless a clear intention to use
portions which they are to take, when them in another sense can be gathered,
referred to by name, cannot be left to and that other can be ascertained.
the discretion of a third person. (670a) Technical words in a will are to be taken
in their technical sense, unless the
Art. 786. The testator may entrust to a context clearly indicates a contrary
third person the distribution of specific intention, or unless it satisfactorily
property or sums of money that he may appears that he was unacquainted with
leave in general to specified classes or such technical sense. (675a)
causes, and also the designation of the
persons, institutions or establishments Art. 791. The words of a will are to
to which such property or sums are to receive an interpretation which will give
be given or applied. (671a) to every expression some effect, rather
than one which will render any of the
Art. 787. The testator may not make a expressions inoperative; and of two
testamentary disposition in such manner modes of interpreting a will, that is to
that another person has to determine be preferred which will prevent
whether or not it is to be operative. (n) intestacy. (n)

Art. 788. If a testamentary disposition Art. 792. The invalidity of one of

admits of different interpretations, in several dispositions contained in a will
case of doubt, that interpretation by does not result in the invalidity of the
which the disposition is to be operative other dispositions, unless it is to be
shall be preferred. (n) presumed that the testator would not
have made such other dispositions if the
Art. 789. When there is an imperfect first invalid disposition had not been
description, or when no person or made. (n)
property exactly answers the
Art. 793. Property acquired after the
making of a will shall only pass thereby, Art. 800. The law presumes that every
as if the testator had possessed it at the person is of sound mind, in the absence
time of making the will, should it of proof to the contrary.
expressly appear by the will that such
was his intention. (n) The burden of proof that the testator
was not of sound mind at the time of
Art. 794. Every devise or legacy shall making his dispositions is on the person
cover all the interest which the testator who opposes the probate of the will; but
could device or bequeath in the property if the testator, one month, or less,
disposed of, unless it clearly appears before making his will was publicly
from the will that he intended to convey known to be insane, the person who
a less interest. (n) maintains the validity of the will must
prove that the testator made it during a
Art. 795. The validity of a will as to its lucid interval. (n)
form depends upon the observance of
the law in force at the time it is made. Art. 801. Supervening incapacity does
(n) not invalidate an effective will, nor is the
will of an incapable validated by the
Art. 796. All persons who are not supervening of capacity. (n)
expressly prohibited by law may make a
will. (662) Art. 802. A married woman may make
a will without the consent of her
Art. 797. Persons of either sex under husband, and without the authority of
eighteen years of age cannot make a the court. (n)
will. (n)
Art. 803. A married woman may
Art. 798. In order to make a will it is dispose by will of all her separate
essential that the testator be of sound property as well as her share of the
mind at the time of its execution. (n) conjugal partnership or absolute
community property. (n)
Art. 799. To be of sound mind, it is not
necessary that the testator be in full SUBSECTION 3. - Forms of Wills
possession of all his reasoning faculties,
or that his mind be wholly unbroken,
unimpaired, or unshattered by disease, Art. 804. Every will must be in writing
injury or other cause. and executed in a language or dialect
known to the testator. (n)
It shall be sufficient if the testator was
able at the time of making the will to
know the nature of the estate to be
disposed of, the proper objects of his
bounty, and the character of the
testamentary act. (n)
Art. 805. Every will, other than a Art. 807. If the testator be deaf, or a
holographic will, must be subscribed at deaf-mute, he must personally read the
the end thereof by the testator himself will, if able to do so; otherwise, he shall
or by the testator's name written by designate two persons to read it and
some other person in his presence, and communicate to him, in some
by his express direction, and attested practicable manner, the contents
and subscribed by three or more thereof. (n)
credible witnesses in the presence of the
testator and of one another. Art. 808. If the testator is blind, the will
shall be read to him twice; once, by one
The testator or the person requested by of the subscribing witnesses, and again,
him to write his name and the by the notary public before whom the
instrumental witnesses of the will, shall will is acknowledged. (n)
also sign, as aforesaid, each and every
page thereof, except the last, on the left Art. 809. In the absence of bad faith,
margin, and all the pages shall be forgery, or fraud, or undue and
numbered correlatively in letters placed improper pressure and influence,
on the upper part of each page. defects and imperfections in the form of
attestation or in the language used
The attestation shall state the number therein shall not render the will invalid if
of pages used upon which the will is it is proved that the will was in fact
written, and the fact that the testator executed and attested in substantial
signed the will and every page thereof, compliance with all the requirements of
or caused some other person to write Article 805. (n)
his name, under his express direction, in
the presence of the instrumental Art. 810. A person may execute a
witnesses, and that the latter witnessed holographic will which must be entirely
and signed the will and all the pages written, dated, and signed by the hand
thereof in the presence of the testator of the testator himself. It is subject to
and of one another. no other form, and may be made in or
out of the Philippines, and need not be
If the attestation clause is in a language witnessed. (678, 688a)
not known to the witnesses, it shall be
interpreted to them. (n) Art. 811. In the probate of a
holographic will, it shall be necessary
Art. 806. Every will must be that at least one witness who knows the
acknowledged before a notary public by handwriting and signature of the
the testator and the witnesses. The testator explicitly declare that the will
notary public shall not be required to and the signature are in the handwriting
retain a copy of the will, or file another of the testator. If the will is contested,
with the Office of the Clerk of Court. (n) at least three of such witnesses shall be
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
from being witnesses to a will:
Art. 816. The will of an alien who is (1) Any person not domiciled in the
abroad produces effect in the Philippines Philippines;
if made with the formalities prescribed (2) Those who have been convicted of
by the law of the place in which he falsification of a document, perjury or
resides, or according to the formalities false testimony. (n)
observed in his country, or in conformity
with those which this Code prescribes. Art. 822. If the witnesses attesting the
(n) execution of a will are competent at the
time of attesting, their becoming
subsequently incompetent shall not
prevent the allowance of the will. (n)
Art. 827. If a will, executed as required
Art. 823. If a person attests the by this Code, incorporates into itself by
execution of a will, to whom or to whose reference any document or paper, such
spouse, or parent, or child, a devise or document or paper shall not be
legacy is given by such will, such devise considered a part of the will unless the
or legacy shall, so far only as concerns following requisites are present:
such person, or spouse, or parent, or
child of such person, or any one (1) The document or paper referred to
claiming under such person or spouse, in the will must be in existence at the
or parent, or child, be void, unless there time of the execution of the will;
are three other competent witnesses to (2) The will must clearly describe and
such will. However, such person so identify the same, stating among other
attesting shall be admitted as a witness things the number of pages thereof;
as if such devise or legacy had not been (3) It must be identified by clear and
made or given. (n) satisfactory proof as the document or
paper referred to therein; and
Art. 824. A mere charge on the estate (4) It must be signed by the testator
of the testator for the payment of debts and the witnesses on each and every
due at the time of the testator's death page, except in case of voluminous
does not prevent his creditors from books of account or inventories. (n)
being competent witnesses to his will.
(n) SUBSECTION 6. - Revocation of
Wills and Testamentary Dispositions
SUBSECTION 5. - Codicils and
Incorporation by Reference
Art. 828. A will may be revoked by the
Art. 825. A codicil is supplement or testator at any time before his death.
addition to a will, made after the Any waiver or restriction of this right is
execution of a will and annexed to be void. (737a)
taken as a part thereof, by which
disposition made in the original will is Art. 829. A revocation done outside the
explained, added to, or altered. (n) Philippines, by a person who does not
have his domicile in this country, is valid
Art. 826. In order that a codicil may be when it is done according to the law of
effective, it shall be executed as in the the place where the will was made, or
case of a will. (n) according to the law of the place in
which the testator had his domicile at
the time; and if the revocation takes
place in this country, when it is in
accordance with the provisions of this
Code. (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