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Article 810 of the Civil Code: Holographic will

Status: In force

What does Article 810 say?

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.

Read the full text on the Supreme Court E-Library

What does it mean in plain language?

Article 810 of the Civil Code allows a holographic will: a will written entirely by the testator's own hand. It must be entirely handwritten, dated and signed by the testator. It needs no witnesses and no notary when it is made, and it may be made in or outside the Philippines. But like every will, it passes no property until a court allows it in probate.

How does it work in real life?

Maria's handwritten will

Maria writes her whole will by hand, dates it and signs it. No one else is present. The will meets the form of Article 810 without witnesses. A will typed on a computer and only signed by hand would not be holographic.

The ring added later

After signing, Maria writes one more line below her signature giving her ring to a niece. Under Article 812, that added line is valid only if Maria also dates and signs it.

A contested will

After Maria dies, one of her children opposes the will. Under Article 811, at least three witnesses who know Maria's handwriting and signature must declare that the will and signature are hers.

These are made-up examples to show how the rule works. They are not advice for any real case.

What does this mean in practice?

What does Article 810 say?

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.

Article 810, Civil Code

In plain words, a holographic will needs three things, all by the testator's own hand:

  1. Entirely written by hand. Not typed, not written by someone else.
  2. Dated.
  3. Signed.

Like every will, it must also be in a language or dialect the testator knows (Article 804).

What about additions, cuts and changes?

The next articles cover changes to a handwritten will:

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.

Article 812, Civil Code

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.

Article 813, Civil Code

In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature.

Article 814, Civil Code

How is a holographic will proved in court?

Article 811 sets the rule for probate:

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.

Article 811, Civil Code

If there is no competent witness, the court may use expert testimony if it deems it necessary.

In Codoy v. Calugay (1999), the Supreme Court held that Article 811 is mandatory: "The word 'shall' connotes a mandatory order." The Court was not convinced that the will was in the deceased's handwriting and sent the case back to the trial court to hear the evidence of those opposing the will.

How do courts read a handwritten will?

In Seangio v. Reyes (2006), a handwritten document disinheriting a son was found to meet the formalities of a holographic will because it was written, dated and signed by the testator himself. The Court said holographic wills, usually prepared by people not learned in the law, should be read more liberally than wills drawn by an expert. It also said that because the law favors testacy over intestacy, the probate of the will cannot be dispensed with.

In Gaspi v. Pacis-Trinidad (2020), the Court noted that wills may be notarial or holographic, and in either case the formalities are more elaborate than for most other transfers of property.

Which Supreme Court rulings are relevant?

Frequently asked questions

What is a holographic will?

It is a will entirely written, dated and signed by the hand of the testator. Article 810 says it is subject to no other form and need not be witnessed.

Is a typed will with a handwritten signature a holographic will?

No. Article 810 requires the will to be entirely written by the hand of the testator. A typed will must follow the rules for notarial wills in Article 805.

Does a holographic will need witnesses or a notary?

Not when it is made. Article 810 says it need not be witnessed. Witnesses who know the testator's handwriting are needed later, at probate (Article 811).

How many witnesses are needed to probate a holographic will?

Article 811 requires at least one witness who knows the handwriting and signature of the testator. If the will is contested, at least three such witnesses are required. In Codoy v. Calugay (1999), the Supreme Court held that this rule is mandatory.

What if the testator adds something below the signature?

Article 812 says dispositions written below the signature must be dated and signed by the testator to be valid.

Can an OFW make a holographic will abroad?

Article 810 says a holographic will may be made in or out of the Philippines. Article 815 also lets a Filipino abroad make a will in any form allowed by the law of the country where he is, and it may be probated in the Philippines.

General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.

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