NOTARIAL WILLS

What are the formalities in the execution of a notarial will?

1. In Writing;

2. Executed in a language or dialect known to the testator;

3. Subscribed by the testator himself or by the testator’s name written by some other person in his presence and under his express direction at the end thereof, at the presence of witnesses;

4. Attested to and subscribed by at least 3 credible witnesses in the presence of the testator and of one another;

5. Each and every Page must be signed by the testator or by the person requested by him to write his name, and by instrumental witnesses in the presence of each other, on the left margin;

6. Each and every page of the will must be Numbered correlatively in letters placed on the upper part of each page;

7. Must contain an Attestation clause, stating the following:

     a. The number of pages of the will,

     b. Fact that the testator signed the will and every page in the presence of witnesses, or caused some other person to write his name under his express direction, c. All witnesses signed the will and every page thereof in the presence of the testator and of one another;

8. Must be acknowledged before a Notary public.

What are the special requirements if the testator is deaf or mute?

a. If the testator is able to read, he must personally read the will; or

b. If the testator is unable to read, he must designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. (Art. 807; see Rabuya, Civil Law Reviewer, p. 559)

Note: The law does not require that the persons reading and communicating the contents of the will be the instrumental witnesses. (id., p. 560)

What are the special requirements if the testator is blind?

The will shall be read to him twice, once by one of the subscribing witnesses, and another time by the notary public before whom the will is acknowledged. (Art. 808; id.)

Note: Art. 808 applies not only to blind testators but also to those who, for one reason or another, are incapable of reading their wills, either because of poor or defective eye sight or because of illiteracy. (id.)