A Last Will and Testament lets a person (the testator) direct how their estate will be distributed after death, name an executor, and provide for loved ones. In the Philippines, the most common form is the notarial will — a written, witnessed, and notarized will governed by the strict formalities of the Civil Code. Those formalities are not optional: a will that fails to follow them can be denied probate entirely, defeating the testator's wishes. This guide explains what a notarial will must contain, the legal basis for each requirement, and how the attestation clause and three-witness rule work.
What Is a Notarial Will?
A notarial will (also called an ordinary or attested will) is a will executed with the formalities of Articles 804 to 806 of the Civil Code. It must be in writing and in a language or dialect known to the testator; signed by the testator at the end and on the left margin of every page; attested and subscribed by at least three credible witnesses in the presence of the testator and of one another; and acknowledged before a notary public. Unlike a holographic will (which must be entirely handwritten, dated, and signed by the testator), a notarial will is typically typewritten and is the form most Filipino lawyers prepare.
A will only takes effect after the testator's death and after it is admitted to probate by a court. Even a perfectly executed will must be probated; notarization establishes due execution but does not transfer property on its own.
When Do You Need a Will?
- To choose how your estate is distributed — within the limits of the law on legitimes (the compulsory shares reserved for forced heirs).
- To name an executor you trust to administer and settle the estate.
- To provide for specific beneficiaries — giving particular property to particular people through devises and legacies.
- To simplify estate settlement and reduce the risk of disputes among heirs.
Legal Basis
- Civil Code Article 804 — A will must be in writing and executed in a language or dialect known to the testator.
- Article 805 — The testator must sign the will at the end and on the left margin of every page; at least three credible witnesses must attest and subscribe; and the attestation clause must state the number of pages and the fact of signing in the presence of one another.
- Article 806 — The will must be acknowledged before a notary public by the testator and the witnesses (an acknowledgment, not a mere jurat).
- Articles 797–803 — Testamentary capacity: the testator must be at least 18 and of sound mind at the time of execution.
- Articles 818–819 — Joint wills are prohibited; each person must make a separate will.
- Articles 816–817 — An alien may execute a will in the Philippines under Philippine (or the alien's national) formalities.
Required Elements of a Notarial Will
- Testator's declaration — identity, age, civil status, citizenship, residence, soundness of mind, and the declaration that the instrument is the testator's last will (with revocation of prior wills, if desired).
- Family declaration — naming the spouse and children, where applicable.
- Dispositive provisions — the devises and legacies (who receives what), respecting the legitimes of forced heirs.
- Appointment of an executor — and an alternate, with or without bond.
- Testimonium and the testator's signature — signed at the end and on the left margin of each page.
- Attestation clause — stating the number of pages and that the testator and the three witnesses signed in the presence of one another (Art. 805).
- Signatures of the three instrumental witnesses.
- Acknowledgment before a notary public (Art. 806), with competent evidence of identity of the testator and witnesses.
Sample Last Will and Testament
Below is a representative excerpt of a notarial will, including the attestation clause and the three-witness signature block. Use Legalia Ultra to generate a complete, notary-ready will with your own beneficiaries, dispositions, and executor filled in.
I, Juan Dela Cruz, 68 years of age, married, Filipino, and a resident of 123 Mabuhay Street, Barangay San Antonio, Quezon City, being of sound and disposing mind and memory, and not acting under any duress, menace, fraud, or undue influence of any person whomsoever, do hereby declare and publish this instrument to be my Last Will and Testament, and I hereby revoke, annul, and cancel any and all wills, codicils, and testamentary dispositions heretofore made by me.
1. I declare that I am married to Maria Dela Cruz, and I have the following children, namely: Jose Dela Cruz (son); Ana Dela Cruz (daughter).
2. It is my will and desire that, upon my death, my remains be interred in accordance with the rites of the Roman Catholic Church.
3. I give, devise, and bequeath unto my son Jose Dela Cruz my house and lot covered by Transfer Certificate of Title No. T-123456 of the Registry of Deeds of Quezon City.
4. I give, devise, and bequeath unto my daughter Ana Dela Cruz all my bank deposits with BDO Unibank, Inc., together with all interest earned thereon.
5. I name, constitute, and appoint Atty. Jose Manalo as the Executor of this my Last Will and Testament, and should Atty. Jose Manalo predecease me or be unable or unwilling to act, I name and appoint Maria Dela Cruz as alternate Executor. I direct that the Executor herein named shall serve and perform the duties of the office WITHOUT BOND.
IN WITNESS WHEREOF, I have hereunto set my hand this June 3, 2026 at Quezon City, Philippines, in the presence of the three (3) instrumental witnesses, who, at my request and in my presence and in the presence of one another, have likewise subscribed their names on the left margin of each and every page hereof.
We, the undersigned attesting witnesses, do hereby certify that the foregoing Last Will and Testament, consisting of three (3) pages, including this page on which this Attestation Clause is written, was, on the date hereof, signed at the end thereof and on the left margin of each and every page by the testator, Juan Dela Cruz, and by us, the instrumental witnesses, in the presence of the testator and of one another; and we hereby attest that the testator was, at the time of signing, of sound and disposing mind and memory.
BEFORE ME, a Notary Public for and in the above jurisdiction, this June 3, 2026, personally appeared the testator and the three (3) instrumental witnesses whose names and competent evidence of identity appear below:
| Name | Competent Evidence of Identity |
|---|---|
| JUAN DELA CRUZ | Philippine Passport No. P1234567A |
| PEDRO REYES | Philippine Passport No. P7654321B |
| ANA LIM | Driver's License No. N02-12-345678 |
| CARLOS TAN | PhilSys ID No. 1234-5678-9012 |
all known to me and to me known to be the same persons who executed the foregoing Last Will and Testament, consisting of three (3) pages including this page on which this Acknowledgment is written, and they acknowledged to me that the same is their own free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place first above written.
Generate Your Last Will and Testament — Ultra Plan Required
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Subscribe to Ultra — Generate NowHow to Draft a Notarial Will
- State the testator's declaration. Identity, age, civil status, citizenship, residence, soundness of mind, and the declaration that this is the testator's last will (revoking prior wills if desired).
- Declare the family. Name the spouse and children so the dispositions and legitimes can be understood.
- Set out the dispositions. Give specific property to specific beneficiaries, keeping within the legitimes reserved for compulsory heirs.
- Appoint an executor (and an alternate), with or without bond.
- Add the testimonium, attestation clause, and witness signatures. The attestation must state the number of pages; the testator and three witnesses sign at the end and on the left margin of every page.
- Acknowledge before a notary public. The testator and all three witnesses must appear and acknowledge the will (Art. 806). Keep the will safe and remember that probate is still required after death.