Preparing a Will

By: Eric Benjamin D. Lavadia / April 18, 2025

No one likes to dwell on the thought of passing on, but preparing a will is one of the most thoughtful and practical things you can do for your loved ones. A properly executed will ensures that your assets are distributed according to your wishes, prevents confusion or conflict among heirs, and helps avoid unnecessary legal delays and expenses.

Philippine succession law recognizes two forms of wills under the Civil Code: (a) holographic wills; and (b) notarial wills.

A holographic will must be completely written, dated, and signed by the testator’s own hand. No other formality is required, and it may be executed in or outside the Philippines. Because it does not require any witnesses, the signature and date are critical; any insertion, erasure, or alteration must be authenticated by the testator’s full signature. During probate, at least one witness familiar with the testator’s handwriting must attest to its authenticity, or the court may rely on expert testimony if none is available.

Practical tips:

• Write legibly on durable paper and include a complete date (day‑month‑year).

• Sign again beside any later corrections.

• Store the original in a fire‑safe place or deposit it with a trusted person; photocopies cannot substitute for the original in probate.

A notarial will must be typewritten or handwritten but executed with the formalities of law, attested and subscribed by at least three credible witnesses, and notarized. A notarial will must:

1. Be subscribed at the end by the testator (or by another person in the testator’s presence and by his express direction) and signed on the left margin of every page except the last;

2. Be attested and signed by at least three credible witnesses in the presence of the testator and of one another;

3. Contain an attestation clause stating the number of pages and the fact of signing;

4. Be acknowledged before a notary public by the testator and the witnesses.

Practical tips:

• Choose witnesses who are of legal age, able to read and write, and not beneficiaries of the will.

• Ensure every page is numbered in words (e.g., “One,” “Two”).

• Have the notary read the will aloud if the testator is blind or cannot read.

• Keep at least one certified copy in a secure location separate from the original.

The choice between a holographic and a notarial will depends on the testator’s purpose and circumstances. If the testator prefers a quick, inexpensive and private way to prepare a will, a holographic will is often the recommended option. However, for substantial estates or in situations where family disputes are anticipated, a notarial will is generally advisable. Its stricter execution requirements provide added evidentiary weight, which can be crucial during probate proceedings.

While Philippine law allows individuals to prepare wills on their own, professional legal guidance ensures compliance with legitime rules especially when there are compulsory heirs. It also helps ensure proper safekeeping, timely probate, and alignment with the broader estate plan or other legal instruments, such as deeds of donation or insurance designations.

At Lavadia Law Firm, we assist clients in drafting, reviewing, and supervising the execution of both holographic and notarial wills. We also represent heirs in probate proceedings to help ensure that the testator’s intentions are fully respected and carried out in accordance with the law.

Disclaimer: This advisory is for general informational purposes only and does not constitute legal advice. Laws and jurisprudence may change. For guidance tailored to your specific circumstances, please consult our Firm directly.