Holographic Will: Meaning

So there are three requirements: the whole will is in the testator's own handwriting, it is dated, and it is signed by him or her. A will that is typed or written by someone else is not holographic, even if the testator signs it. See Article 810 for the full explanation.

• Additions below the signature must be dated and signed to be valid (Article 812).
• Several undated dispositions are validated by the date of the last one, if the last one is signed and dated (Article 813).
• Insertions, cancellations, erasures or alterations must be authenticated by the testator's full signature (Article 814).
• A Filipino abroad may also make a will in the forms allowed by the law of the country where he is, and it may be probated in the Philippines (Article 815).

In Seangio v. Reyes (2006), the Supreme Court said that holographic wills, usually prepared by people not learned in the law, "should be construed more liberally than the ones drawn by an expert".

No will passes property until a court allows it (Article 838). For a holographic will, Article 811 requires at least one witness who knows the testator's handwriting and signature to declare that both are the testator's. If the will is contested, at least three such witnesses are needed, and expert testimony may be used if there is no competent witness. In Codoy v. Calugay (1999), the Supreme Court held that Article 811 is mandatory.

The testator may also ask the court to allow the will while still alive. Under Rule 76, Section 12 of the Rules of Court, if no one contests it, the testator's own statement that the will and signature are in his handwriting is enough. See probate.

A notarial will may be typed, but it must be signed by the testator and three or more witnesses, with an attestation clause, and acknowledged before a notary public (Articles 805 and 806). A holographic will skips the witnesses and the notary, but every word must be in the testator's own hand.

For the two forms side by side, see holographic vs notarial will.

Made-up illustration: Maria writes her whole will by hand, dates it and signs it. It is valid in form without witnesses. Later she adds a line below her signature giving her ring to a niece; that line must also be dated and signed. If her children contest the will in probate, at least three witnesses who know her handwriting are needed.

For more, see Holographic will requirements and Legitime shares, because a will cannot take away the share the law reserves for compulsory heirs.

For an overview, see wills and probate in the Philippines.