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Holographic Will - unsigned handwritten draft of a will...

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Arresto Menor
Ayon sa Article 810 ng New Civil Code, “a person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed.”

bug o cia pumanao ang kaibigan co gumawa sia nann draft for a last will and testament in his own handwriting but did not sign it. The draft was meant to be given to the lawyer to make a formal will. He died suddenly of heart attack and the will was not formalised. The hand written draft clearly shows the schedule of properties and the names of the beneficiaries.

ang caniang surviving spouse does not want honor this handwritten draft because it is not notarised and signed... but surely the clear intent of the deceased is in this handwritten list.

Can anyone please comment on this..? What action can be taken to have this draft honoured ...?

Last edited by gvaetax on Mon Jan 25, 2016 7:04 am; edited 1 time in total (Reason for editing : minor corrections and additions)

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tsi ming choi

Reclusion Perpetua
You may argue that the draft should be treated as a holographic will and the fact that it was wriiten personally by the deceased without affixing his signature for the reason that it will be submitted to a lawyer is already a "substantial compliance" in a holographic will.

The action to be taken is to probate the will.

The above comment may or may not be granted by the court, since no case yet decided by the court with similar facts with yours, based on my knowledge and the court is lenient as to the procedure in complying those requisites. Substantial compliance is enough based on cases.

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