How To Write a Last Will and Testament: Basic Facts and Sample Template

Updated: October 26, 2022

Let’s talk about death today, not just because it’s appropriate for the season – but more importantly because – you never really know when it will come.

And knowing how to write a will today is better than any other day that remains in your life.

Personally, one of the saddest things I’ve ever seen in my life is family members and relatives hating and fighting each other over a man’s wealth.

And more often than not, because the departed left no last will, those who truly deserved to receive the most are the ones who usually get the least – truly sad.

What is a Will?

At the most basic level, a will is a legal document that tells how a person wants to distribute his estate upon his death.

The person creating the will is called the testator, and it must be written in a language or dialect that is known to him.

Meanwhile, individuals who are set to be recipients of the wealth are called heirs. And the person named in the will who is assigned to implement the provisions is called the executor.

In the Philippines, wills should be written (and cannot be in any other form, i.e., audio or video recording). Moreover, any person 18 years old and above, with a sound mind, can prepare a will without the aid of a lawyer.

Two Main Kinds of Wills

1. Notarial Will

• Requires at least three credible witnesses
• Acknowledged by a notary public that it was made by the testator
• … and many other legal requirements

2. Holographic Will

• A will that’s entirely handwritten, dated and signed by the testator
• … much simpler and with less legal formalities and requirements

Wills and Compulsory Heirs

Compulsory heirs are legitimate children or descendants, legitimate parents or ascendants, surviving spouse, and illegitimate children.

And it’s important to note that a testator cannot use a will to disinherit compulsory heirs without sufficient legal cause.

Usually, accepted reasons for disinheritance are proven attempts to take the testator’s life or receiving maltreatment from the compulsory heirs, among others.

Short to say, there is a lot of legal notes here so it’s always best to just consult a lawyer if this is an important concern for you.

Last Will Sample Template

KNOW ALL MEN BY THESE PRESENTS:

I, [name of testator], Filipino citizen, of legal age, single/married to [name of spouse if any], born on the [date], a resident of [address], being of sound and disposing mind and memory, and not acting under undue influence or intimidation from anyone, do hereby declare and proclaim this instrument to be my Last Will and Testament, in English, the language which I am well conversant. And I hereby declare that:

I. I desire that should I die, it is my wish to be buried according to the rites of the Roman Catholic Church and interred at our family mausoleum in Manila;

II. To my wife, [name], I give the following property to wit: [asset];

III. To my children, [name] and [name], I give the following properties to wit: [asset] in equal shares;

IV. To my brother, [name], I give the following properties to wit: [asset].

V. To my loyal assistant, [name], I give the following properties to wit: [asset].

VI. I hereby designate [name] as the executor and administrator of this Last Will and Testament, and in his incapacity, I name and designate [name] as his substitute.

VII. I hereby direct that the executor and administrator of this Last Will and Testament or his substitute need not present any bond;

VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary dispositions that I have made, executed, signed or published preceding this Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto affixed my signature this [date] in [city], Philippines.

_________________________________
Signature of Testator over Printed Name

===

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, do hereby affirm that the foregoing is the Last Will and Testament of [name of testator] and we certify that the testator executed this document while of sound mind and memory. That the testator signed this document in our presence, at the bottom of the last page and on the left hand margin of each and every page, and we, in turn, at the testator’s behest have witnessed and signed the same in every page thereof, on the left margin, in the presence of the testator and of the notary public, this [date] at [city].

[Name, address, and signature of witness #1]
[Name, address, and signature of witness #2]
[Name, address, and signature of witness #3, etc…]

===

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the city of [city], personally appeared:

The testator, [name], with CTC No. [#] issued at [city] on [date];

Witness, [name], with CTC No. [#] issued at [city] on [date];

Witness, [name], with CTC No. [#] issued at [city] on [date];

Witness, [name], with CTC No. [#] issued at [city] on [date];

All known to me to be the same persons who executed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledged to me that the same as their own free act and deed.

This Last Will and Testament consists of [#] page/s, including the page on which this acknowledgment is written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above written.

Notary Public

Doc. No. [#];
Page No. [#];
Book No. [#];
Series of [#].

Other Interesting Notes and Important Details

• Did you know that in the Philippines, a testator can put in his will that his surviving spouse cannot marry again?
• A testator cannot require an heir to commit an illegal act in order to receive his inheritance.
• All or any part of the testator’s remaining debts and obligations do not pass on to the heirs.
• When a person dies without a will, inheritance distribution according to the laws of intestacy is followed.
• In the Philippines, a notarial will with estate property worth not more than P100,000 would incur filing fees of about P3,500. This goes a bit higher as the total estate value increases.

Disclaimer:
This article is written for basic information purposes only and should not be taken as advice from a professional. For any concerns related to this topic, please talk to a lawyer or a legal consultant. Moreover, remember to always consult a lawyer before executing any legal document.

I would like to thank my lawyer friend, who wishes to remain anonymous, for providing the sample last will template above. If there are any information errors in this article, kindly leave a comment so that it can be corrected immediately.

Moreover, please forgive the use of the masculine gender in all the pronouns. This was done simply for brevity and clarity. Lastly, for proper formatting, view the sample template above on a desktop browser.

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Photo credit: Cruccone