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Article 805

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

A notarial will (ordinary will) must: be in writing, signed on every page by the testator and at least 3 credible witnesses, all present simultaneously, and acknowledged before a notary public.

Key point

A notarial will requires 3 witnesses who sign every page together with the testator — before a notary.

Official text — RA 386

Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.

The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page.

The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.

If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. (n)

Source: lawphil.net (RA 386 as amended)

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