Holographic Will in the Philippines: Requirements

Article 810 sets three requirements:

So the will must be:

1. Entirely handwritten by the testator (the person making the will). A typed or printed will, even if signed by hand, is not holographic.
2. Dated by the testator's own hand.
3. Signed by the testator's own hand.

The general rules for every will also apply. It must be in writing and in a language or dialect the testator knows (Article 804). The testator must be at least eighteen (Article 797) and of sound mind when making it (Article 798). Two or more persons cannot make a joint will in the same document (Article 818).

For a holographic will and a notarial will side by side, see holographic vs notarial will.

The Code has specific rules for holographic wills:

• Additions below the signature must also be dated and signed by the testator to be valid (Article 812).
• Several undated dispositions: if they are signed but not dated, and the last one has a signature and a date, that date validates the earlier ones (Article 813).
• Insertions, cancellations, erasures or alterations must be authenticated by the testator's full signature (Article 814).

This page does not say what happens to an alteration that was not signed, or how complete the date must be. The decisions we read do not settle those points; ask a lawyer.

Yes. Article 838 says "No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court." A holographic will is no exception. In Seangio v. Reyes (2006), the Supreme Court said the law favors testacy over intestacy, so "the probate of the will cannot be dispensed with." See the Article 838 page.

In probate, the court looks at the will's form and execution. In Gaspi v. Pacis-Trinidad (2020), the Court said probate generally "only involves its extrinsic validity", meaning whether the will was properly made, and not whether each gift in it is valid.

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

Article 811 sets the rule for witnesses in probate:

If there is no competent witness and the court deems it necessary, expert testimony may be used.

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 satisfied that the will was in the deceased's handwriting and sent the case back so that the persons opposing it could present their evidence.

The testator may also ask a court to allow the will while still alive (Article 838). Under Rule 76, Section 12 of the Rules of Court, if the testator himself asks for probate and no one contests it, his statement that the will and signature are in his handwriting is enough evidence.

It can, if it meets Article 810 and makes a disposition to take effect at death. In Seangio, a handwritten document titled "Kasulatan ng Pag-Aalis ng Mana" (a document of disinheritance) was treated as a holographic will because it was "written, dated and signed by the hand" of the deceased. The Court said holographic wills, usually made by people not trained in law, should be "construed more liberally" than those drawn by an expert. Whether a particular note is a will depends on its words and on the probate court.

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

Maria writes her whole will by hand on two pages, writes the date and signs it. No witnesses are present. It is valid in form under Article 810.

After signing, Maria adds a line below her signature leaving her ring to her niece. Under Article 812, that line must also be dated and signed by Maria.

When Maria dies, her children disagree about the will. Because it is contested, at least three witnesses who know her handwriting must testify in probate (Article 811).

Rico types his will on a computer and signs it by hand. It is not a holographic will. To be valid, it must follow the rules for a notarial will.

Talk to a lawyer if you want to make a will that leaves property unequally among your heirs, if you are keeping someone's will after their death, or if you want to contest or probate a will. A will cannot take away the share the law reserves for compulsory heirs: see Legitime shares and Can parents disinherit a child?

If you cannot afford a lawyer, see Free legal help in the Philippines. For the full rule, see the Article 810 page.