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Last Will and Testament

A Last Will and Testament is a document of property disposition which takes effect upon death of the Estate Owner-Testator.  Provided that the document conforms with the formalities and requirements of law concerning its execution and provisions, the will shall operate as the law in so far as the distribution of the estate is concerned. 

 

There are two types of wills: the Notarial Will and the Holographic Will.

 

A  Notarial Will is one that is subject to the following requirements:

 

1.       It must be in writing;

2.       It must be executed in a language or dialect know to the testator;

3.       It must be subscribed (signed) by the testator himself at the end thereof or by the testator’s name on the same place by some other person in the testator’s presence and by his express direction;

4.       It must be attested and subscribed by three or more credible witnesses in the presence of the testator and of one another;

5.       It must be signed on the lest margin, on each and every page thereof except the last by the testator (or the person requested by him to write his name) as well as by the instrumental witnesses;

6.       All pages must be numbered correlatively in letters placed on the upper part of each page;

7.       It must contain an attestation clause which shall state the number of pages upon which the will is written; and

8.       It must be acknowledged before a notary public by the testator and the witnesses.

 

A Holographic Will has the following requirements:

 

1.       It must be handwritten in its entirety;

2.       It must be dated; and

3.       It must be signed by the testator himself.

For help in drafting a last will and testament, please click here




Last Will and Testament
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