How can a deaf or deaf-mute person make a valid will?

The law protects, it does not exclude

A deaf or deaf-mute person is fully entitled to make a will. Article 807 does not bar such a testator; it adds a safeguard to make sure he truly knows and approves what the document says. The concern the law addresses is comprehension: because the usual reading-aloud of a will may not reach a deaf testator, the article prescribes an alternative way for the contents to register with him. The provision reads: If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof.

First option: read it yourself

The article's first preference is direct. If the deaf or deaf-mute testator can read, he must personally read the will. This is the surest proof that he understood every disposition, and it is required whenever he is literate and physically able. There is no need to involve intermediaries where the testator can take in the contents with his own eyes. The point is that the person disposing of his property must actually grasp what the paper provides, and self-reading achieves that most reliably. Only when this is not possible does the law move to its second method.

Second option: two persons read and communicate it

If the testator cannot read the will himself, he must designate two persons to read it and then communicate its contents to him in some practicable manner. "Practicable manner" is deliberately flexible — it can include sign language, writing, or any reliable means suited to the particular testator, as long as the message genuinely gets through. Both designated persons participate, giving a double assurance that the testator learned what the will actually says. This step is in addition to the ordinary formalities every will must meet, not a replacement for them; it layers a comprehension check on top of the standard execution requirements.

This is one requirement among several

Article 807 covers only the reading-and-communication safeguard for a deaf testator. It does not dispense with the other conditions of a valid will — the writing, the signatures, and the presence of the required witnesses under the general rules on execution. A will that satisfies Article 807 but ignores those formalities can still fail. Conversely, skipping this comprehension step for a deaf-mute testator who could not read the document himself is a serious defect that can be raised to challenge the will. The safest course is to observe both the general formalities and this specific protection together, and to document that they were followed.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• Alejandra Arado, et al. vs. Anacleto Alcoran and Elenette Sunjaco, G.R. No. 163362, July 8, 2015 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 807 — If the Testator Is Deaf or a Deaf-Mute