Short answer. Yes, under certain conditions. Article 809 of the Civil Code saves a will from technical defects in the attestation clause if the will was actually executed and attested in substantial compliance with the formal requirements, and there was no bad faith, forgery, fraud, or undue influence involved.
What the law says
In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of article 805.
Civil Code, Article 809 — Substantial Compliance. Read the full provision →
Defects in form do not always invalidate the will
Article 809 of the Civil Code introduces the doctrine of substantial compliance for notarial wills. The law recognizes that technical defects in the attestation clause — errors in language, minor omissions in how the clause is worded — do not necessarily destroy the will's validity. What Article 809 requires is substantial compliance: the will must have been genuinely executed and attested in a manner that meaningfully fulfills the purposes of the formal requirements in Article 805, even if it does not satisfy them to the letter.
When substantial compliance will not save the will
Article 809 only works in the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence. If the defect in the attestation clause is connected to — or is itself evidence of — any of these corrupting factors, the doctrine does not apply. The provision is designed to excuse honest technical mistakes, not to provide cover for wills that were improperly executed or manipulated. A defect that goes to the heart of whether the will was truly the testator's free and genuine act is not a candidate for substantial compliance.
What the attestation clause must substantially achieve
The formal requirements the attestation must substantially comply with under Article 805 include: stating the number of pages used, confirming that the testator signed the will and each page (or that another did so in their presence and by their express direction), and that the witnesses signed in the presence of the testator and of one another. A clause that omits one of these elements but where extrinsic evidence can supply the missing fact may still survive under Article 809. One that omits the page count, for example, may be saved if the will's own physical form makes the count undeniable.
What you need to do in probate
To invoke substantial compliance in your father's probate proceeding, you would present evidence showing that the will was, in fact, properly executed and attested despite the technical defect in the attestation clause. This typically means testimony from the attesting witnesses about what they observed and what they did when the will was signed. Their personal knowledge of the execution — who was present, that the testator appeared of sound mind and free from pressure, that everyone signed in each other's presence — fills the gap left by the defective clause. A lawyer can assess the specific defect and advise whether the will is a strong candidate for substantial compliance under the facts.
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 →
- Testate Estate of the Late Alipio Abada, et al. vs. Alipio Abaja, et al, G.R. No. 147145, January 31, 2005 — read the decision on LawPhil →
- Richard B. Lopez vs. Diana Jeanne Lopez, et al, G.R. No. 189984, November 12, 2012 — read the decision on LawPhil →
- Paz Samaniego-Celada vs. Lucia D. Abena, G.R. No. 145545, June 30, 2008 — read the decision on LawPhil →