[This item has two questions.] Miguel, who died single and childless, was survived by his two legitimate brothers Romy and Rolly, and his nephews Arno and Pabs, the legitimate sons of his predeceased legitimate brother Edgar. Before his death, Miguel executed a one-page notarial will, inclusive of an attestation clause and a notarial acknowledgment, with only one testamentary disposition bequeathing his entire estate to Romy and Rolly. The will was not paginated and was attested by four witnesses: Uno, Dos, Tres, and Quatro. It was the eve of Quatro’s 17 th birthday when the will was executed. The will was written in the Ilocano dialect which Miguel knew and understood, but the witnesses did not. Miguel and the witnesses signed at the end of the testamentary disposition. The attestation was also written in the Ilocano dialect which, when translated to the English language, reads as follows: “This will of Miguel was written in ONE page. We, the attesting witnesses, signed at the end of the will and at the bottom of this attestation in the presence of Miguel and of each of us.” Each of the four witnesses signed below the attestation clause. Because none of the witnesses knew and understood the Ilocano dialect, the attestation was interpreted to them by Miguel’s lawyer who was present to notarize the will.
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No, the will cannot be admitted to probate. Under Article 805 of the Civil Code, an attestation clause must state that the testator signed the will in the presence of the instrumental witnesses, and that the witnesses signed in the presence of
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Quick check
What is the legal effect if an attestation clause fails to state that the testator signed the will in the presence of the witnesses?
The omission of the statement that the testator signed in the presence of the witnesses is a fatal defect invalidating the will.
Under Article 820 of the Civil Code, what is the minimum age required for a person to be qualified as an instrumental witness to a will?
Article 820 requires instrumental witnesses to a will to be at least eighteen years of age.
How does the presence of a 17-year-old witness affect a notarial will attested by four witnesses?
The minor's disqualification does not invalidate the will because three other qualified witnesses attested the execution.
Under Article 804 of the Civil Code, in what language or dialect must a valid notarial will be written?
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Why is formal pagination not required for a one-page notarial will containing all dispositions and signatures?
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Learn more about these topics
1. Attestation Clause Requirements
Under Article 805 of the Civil Code, an attestation clause of a notarial will must explicitly state that the testator signed the will in the presence of the instrumental witnesses, and that the witnesses signed the will and every page thereof in the presence of the testator and of one another. The attestation clause serves as statutory proof of the due execution of the will. While legal rules permit liberal interpretation under Article 809, the complete omission of the statement that the testator signed in the presence of the witnesses constitutes a fatal defect that invalidates the will.
2. Qualification of Witnesses
Under Article 820 of the Civil Code, any person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will. Minors below eighteen years of age are disqualified from acting as instrumental witnesses. However, under Article 805, only three credible witnesses are required. The presence of a disqualified minor witness does not invalidate the will if there remain at least three other fully qualified instrumental witnesses who attested and signed the document.
3. Will Execution Dialect
Under Article 804 of the Civil Code, every will must be in writing and executed in a language or dialect known to the testator. It is not required that the attesting witnesses know or understand the language or dialect in which the will or the attestation clause is written, provided that the contents of the attestation clause are interpreted or translated to them at the time of execution. Where the attestation clause is interpreted to non-Ilocano speaking witnesses by the notarizing lawyer, the statutory requirement regarding language comprehension is satisfied.