Last Will and TestamentWriting Your Last Will and Testament

The only thing certain in life is death. We may never know when it will come but we can be ready for it. To ensure that hard-earned asset are taken-cared of according to your wishes when you die, it is best to write a last will and testament, which can either be holographic or notarial.

A holographic will is one that is entirely written, dated and signed. Unlike a notarial will, a holographic will simply requires that it be in the handwriting of the testator. It is however more difficult to prove since there may be no witnesses and one has to prove that the same is really the handwriting of the one making the will.

A notarial will, on the other hand, is one that is signed by the testator in the presence of a notary public and at least three credible witnesses in the presence of one another. It has to be signed on all pages except the last , on the left margin, and all pages must be numbered correlatively in letters placed on the upper part of each page. The formalities required in a notarial will, if ignored, may result in the voidability or nullity of the will. Thus, it is advised that you seek the assistance of a lawyer when drafting a notarial will.

Note that a neither a minor nor a person of unsound mind can execute a will.

To know more about this topic or if you need assistance in drafting a last will, email or call Atty. Joyce Domingo at +632-8231090.