WITNESSES IN WILLS

What are the qualifications of witnesses?

Witnesses to a will must be:

1. Of Sound mind.

2. At least 18 years of age.

3. Able to read and write

4. Not Blind, deaf or dumb

5. Not have been Convicted by final judgment of falsification of a document, perjury or false testimony.

6. Domiciled in the Philippines

Will the beneficial interest of a witness in a will disqualify him as such?

Beneficial interest in a notarial will does not disqualify one as a subscribing witness, but it may, or may not nullify the devise or legacy given to the said witness. A witness who attests the execution of a will, and to whom, or to whose spouse, parent or child, or anyone claiming the right of said witness, spouse, parent or child, a devise or legacy given, shall be void, unless there are 3 other competent witnesses to such will. (Art. 823 NCC)

Note: If the witness is instituted as heir, not as devisee or legatee, the rule would still apply, because undue influence or pressure on the part of the attesting witness would still be present.

Creditors of the testator are not disqualified to be a witness to the will.