Short answer. Three or more credible witnesses. Under Article 805 they must attest and subscribe the will in the presence of the testator and of one another, sign the left margin of every page except the last, and the pages must be numbered correlatively in letters on the upper part of each page.
What the law says
attested and subscribed by three or more credible witnesses in the presence of the testator and of one another
Civil Code, Article 805 — Formalities of a Notarial Will. Read the full provision →
Three signatures, in each other's sight
Three is the minimum and more are permitted. What trips up otherwise careful executions is the second half of the requirement — the witnesses must sign in the presence of the testator and of one another. Passing the document from office to office for signature, or having one witness sign the following morning, defeats it however genuine the will. Everyone signs in one sitting, in a position to see the others do it. The testator signs at the end of the will himself, or has his name written there by another person in his presence and by his express direction.
Every page, and how the pages are numbered
Beyond the signatures at the end, the testator and the witnesses sign each and every page thereof, except the last, on the left margin. The last page is excepted because it already carries the signatures at the end of the will. Separately, all the pages shall be numbered correlatively in letters placed on the upper part of each page. Numbering in letters rather than figures is the detail most often missed by whoever prepared the document, and both requirements exist for the same reason: to make substitution or removal of a page detectable.
What the attestation clause must say
The clause is a statement by the witnesses, and the article prescribes its content. It must state the number of pages used, that the testator signed the will and every page of it or caused another to write his name under his express direction in the presence of the instrumental witnesses, and that the witnesses signed the will and all its pages in the presence of the testator and of one another. Where the clause is in a language the witnesses do not know, it must be interpreted to them. A separate rule requires acknowledgment before a notary public.
Choosing witnesses is a legal decision
The most common and most avoidable failure is not in the mechanics but in who was asked to sign. The Code disqualifies an attesting witness, and the witness's spouse, parents and children, from receiving anything under the will — so a beneficiary or a beneficiary's close family standing as a witness costs the gift. Choose three people with no interest in the estate, who can be located years later, and who understand the language of the attestation clause. Then have the whole execution done in one sitting rather than in stages.
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.
- In the matter of the petition for the probate of the will of Consuelo, G.R. No. 204793, June 8, 2020 — read the decision on LawPhil →
- Margie Santos Mitra vs. Perpetua L. Sablan-Guevarra, et al, G.R. No. 213994, April 18, 2018 — read the decision on LawPhil →
- Felix Azuela vs. Court of Appeals, et al, G.R. No. 122880, April 12, 2006 — read the decision on LawPhil →
- Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 805 — Formalities of a Notarial Will
- Civil Code, Article 806 — Acknowledgment Before a Notary
- Civil Code, Article 809 — Substantial Compliance
- Civil Code, Article 1027 — Who Cannot Inherit by Will