A last will and testament ensures your property goes to your chosen heirs according to your wishes. In the Philippines, wills are governed by the Civil Code. Many Filipinos die intestate (without a will), leaving their heirs to navigate a complex legal process. This guide explains how to make a valid will.
Types of Wills in the Philippines
- Notarial Will — must be in writing, in a language known to the testator, signed by the testator and 3 witnesses, and notarized. The most common type.
- Holographic Will — entirely handwritten, dated, and signed by the testator. No witnesses needed, but may be easier to contest.
Requirements for a Valid Notarial Will
- In writing (printed or typewritten)
- In a language or dialect known to the testator
- Subscribed at the end by the testator or by another person at their direction
- Attested and subscribed by 3 or more credible witnesses in the presence of the testator and each other
- Each page must be signed by the testator and witnesses
- Must contain an attestation clause
- Must be notarized
Legitime: The Forced Heirs
Under Philippine law, you cannot disinherit certain heirs completely. The legitime (forced share) is reserved for:
- Legitimate children — one-half of the estate divided equally
- Illegitimate children — one-half of the share of a legitimate child
- Spouse — equal share with a legitimate child
- Parents/ascendants — if no children survive
Why You Need a Will
- Control who inherits your property
- Appoint a guardian for minor children
- Avoid lengthy court proceedings
- Reduce potential family disputes
- Ensure your estate is distributed efficiently
Need Legal Assistance?
KCJ Law Office in Manila provides expert legal guidance on this topic. Contact us today for a consultation.
Disclaimer: This article is for general information only and is not legal advice. Consult a qualified lawyer for your specific situation.