A notarial (ordinary) will must be witnessed and must contain an attestation clause, or it can be denied probate. The will must be subscribed (signed) by the testator at the end and attested and subscribed by at least three credible witnesses in the presence of the testator and of one another. The attestation clause is the witnesses' statement certifying that the formalities were observed — it must state the number of pages, that the testator signed the will (or had someone sign in their presence at their direction), and that the witnesses signed in the presence of the testator and of one another. Witnesses must be of sound mind, of legal age, able to read and write, not blind, deaf, or dumb, and domiciled in the Philippines. A will substantially defective in these formalities may be disallowed, though the law allows some substantial (not fatal) defects to be cured by looking at the will itself.
A will can be perfectly clear in its wishes and still be thrown out if the formalities were not followed. Two of the most common failure points are the attestation clause and the witnesses.
The Formalities of a Notarial Will
A notarial (ordinary) will must be:
- In writing and in a language or dialect known to the testator;
- Subscribed (signed) by the testator at the end (or by another person in the testator's presence and at their express direction);
- Attested and subscribed by at least three (3) credible witnesses in the presence of the testator and of one another; and
- Each page signed by the testator and witnesses and numbered, with the required notarial acknowledgment.
The Attestation Clause
The attestation clause is the witnesses' certification that the will's formalities were observed. It must state:
- The number of pages used;
- That the testator signed the will and every page (or caused another to sign in their presence and by their direction); and
- That the witnesses witnessed and signed the will and every page in the presence of the testator and of one another.
A fatally defective attestation clause — for example, one that fails to state the number of pages where this cannot be supplied from the will itself — can lead to the will being disallowed.
Who May Be a Witness
A witness to a notarial will must be:
- Of sound mind;
- Of legal age (18 or over);
- Able to read and write;
- Not blind, deaf, or dumb; and
- Domiciled in the Philippines.
An interested witness (one who is a beneficiary) is not automatically disqualified, but a gift to that witness may be void unless there are three other qualified witnesses.
Substantial Compliance
The law tempers strictness with a substantial-compliance principle: certain defects or imperfections in the attestation clause may be cured if the missing detail can be supplied by examining the will itself (for example, the page count is evident from the document). But defects that cannot be so cured, or that go to the core requirements, remain fatal.
Practical Takeaways
- A notarial will needs at least three qualified witnesses and a proper attestation clause;
- The attestation clause must state the number of pages and that the signing and witnessing were done in each other's presence;
- Some defects can be cured by the will itself, but core failures can get the will disallowed — so formalities must be observed carefully.
Frequently Asked Questions
How many witnesses does a notarial will need? At least three credible witnesses, who must attest and subscribe the will in the presence of the testator and of one another.
What must the attestation clause state? The number of pages of the will, that the testator signed the will and each page (or had another sign at their direction in their presence), and that the witnesses witnessed and signed each page in the presence of the testator and of one another.
Who is qualified to be a witness to a will? A person of sound mind, of legal age, able to read and write, not blind, deaf, or dumb, and domiciled in the Philippines. A beneficiary-witness is not automatically disqualified, but a gift to them may be void unless there are three other qualified witnesses.
Can a defective attestation clause be cured? Some defects can be cured if the missing detail, such as the number of pages, can be supplied by examining the will itself. But defects going to the core requirements, or that cannot be so cured, can lead to the will being disallowed.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.