Last Will and Testament (Philippines) — Sample, Requirements, Generator

In short

What it is: A notarial will disposing of your estate, taking effect on your death.
Formalities: Subscribed at the end by the testator; attested and subscribed by three or more credible witnesses; the testator and the witnesses sign the left margin of every page except the last; the pages numbered correlatively in letters at the top; an attestation clause stating the actual number of pages; and acknowledgment before a notary by the testator and the witnesses.
Electronic notarisation: Not available. Notarial wills are expressly excluded from the Rules on Electronic Notarization (A.M. No. 24-10-14-SC).
What you cannot do: Disinherit compulsory heirs except on the grounds the law allows. Their legitime is reserved by law.
After death: The will must be probated in court before anything is distributed. There is no way around this.

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Full notarial will sample

This is a template to work from with a lawyer, not a substitute for one. A single formal defect voids the entire will. Note the page-count placeholders: the number in the attestation clause must be the actual number of pages of the document you finally sign, so it can only be filled in once the will is in its final printed form. The generator counts the pages of the document it produces and writes that number in for you.

LAST WILL AND TESTAMENT

I, [ROSARIO T. BAUTISTA], of legal age, Filipino, widow, born on [14 February 1952], and a resident of [21 Kalayaan Avenue, Barangay Diliman, Quezon City], being of sound and disposing mind and memory, and not acting under duress, menace, fraud or undue influence of any person whomsoever, do hereby declare this to be my Last Will and Testament, written in [English], a language known to me, and consisting of [ACTUAL NUMBER OF PAGES IN WORDS (FIGURES)] pages, including the page on which the attestation clause is written and the page on which the acknowledgment is written, all of which pages are numbered correlatively in letters on the upper part thereof, and each and every page of which, except the last, has been signed by me and by my instrumental witnesses on the left margin.

I. I hereby revoke, annul and set aside all wills, codicils and testamentary dispositions heretofore made by me.

II. I direct that all my just debts, funeral expenses and the expenses of the settlement of my estate be first paid out of my estate.

III. I declare that I am a widow, my husband [ANTONIO S. BAUTISTA] having died on [03 May 2018], and that I have [two (2)] legitimate children, namely: [MARK ANGELO T. BAUTISTA], born on [09 June 1997], and [LIZA T. BAUTISTA], born on [22 November 1999], who are my compulsory heirs.

IV. I hereby institute my said children [MARK ANGELO T. BAUTISTA] and [LIZA T. BAUTISTA] as my heirs, to share in my estate in the manner set out below, and I declare that nothing in this will is intended to impair the legitime to which each of them is entitled under the law.

V. I give and bequeath my house and lot situated at [21 Kalayaan Avenue, Barangay Diliman, Quezon City], covered by [Transfer Certificate of Title No. 55667] of the Registry of Deeds for [Quezon City], to my son [MARK ANGELO T. BAUTISTA].

VI. I give and bequeath my savings and time deposits with [Bank of the Philippine Islands] to my daughter [LIZA T. BAUTISTA].

VII. The remainder of my estate, of whatever kind and wherever situated, I give and bequeath to my said two children in equal shares.

VIII. I hereby name and appoint my daughter [LIZA T. BAUTISTA] as the Executrix of this my Last Will and Testament, and I direct that she serve without bond. Should she be unable or unwilling to serve, I name [MARK ANGELO T. BAUTISTA] as substitute Executor.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 20____, at [Quezon City], Philippines, in the presence of the instrumental witnesses named below, who have signed each and every page hereof in my presence and in the presence of one another.

                                        ______________________________
                                        [ROSARIO T. BAUTISTA]
                                        Testatrix

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: that the foregoing Last Will and Testament consists of [ACTUAL NUMBER OF PAGES IN WORDS (FIGURES)] pages, including this page containing the attestation clause and the page on which the acknowledgment is written, all numbered correlatively in letters on the upper part of each page; that the testatrix, [ROSARIO T. BAUTISTA], subscribed the said will at the end thereof, and signed the left margin of each and every page thereof except the last, in our presence and in the presence of one another; and that we, at the testatrix's request and in her presence and in the presence of one another, attested and subscribed the said will and likewise signed the left margin of each and every page thereof except the last, this ____ day of __________, 20____, at [Quezon City], Philippines.

______________________________     Residence: ____________________________
[Witness 1]

______________________________     Residence: ____________________________
[Witness 2]

______________________________     Residence: ____________________________
[Witness 3]

REPUBLIC OF THE PHILIPPINES )
CITY OF [QUEZON CITY] ) S.S.
x----------------------------------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in [Quezon City], this ____ day of __________, 20____, personally appeared the testatrix [ROSARIO T. BAUTISTA] and the three (3) instrumental witnesses named above, all exhibiting to me their competent evidence of identity, and they acknowledged to me that the foregoing Last Will and Testament is their free and voluntary act and deed.

This Last Will and Testament consists of [ACTUAL NUMBER OF PAGES IN WORDS (FIGURES)] pages, including this page on which this acknowledgment is written; the pages are numbered correlatively in letters on the upper part of each page; and each and every page thereof, except the last, has been signed on the left margin by the testatrix and by her instrumental witnesses.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

                                        ______________________________
                                        Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20____.

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The formal requirements, precisely

The will must be in writing and in a language or dialect known to the testator.
It must be subscribed at the end by the testator, or by another person in the testator's presence and by their express direction.
It must be attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.
The testator, or the person signing for them, and the witnesses must sign each and every page on the left margin, except the last.
All the pages must be numbered correlatively in letters on the upper part of each page.
The will must contain an attestation clause stating the number of pages, the fact that the testator signed (or caused another to sign) in the presence of the witnesses, and that the witnesses witnessed and signed the will and every page in the presence of the testator and of one another.
The will must be acknowledged before a notary public by the testator and the witnesses.

Legal basis: Civil Code of the Philippines, arts. 804–806.

The number of pages is the requirement people get wrong

Article 805 requires the attestation to state the number of pages used upon which the will is written. It is not decoration. Philippine probate litigation turns on it, because an attestation that states a number the document does not actually have is evidence that pages were added or removed — which is precisely the fraud the requirement exists to prevent.

That has a practical consequence for anyone working from a template. You cannot decide the page count in advance. A will with two beneficiaries and three properties is not the same length as one with six beneficiaries and a dozen; adding a paragraph can push the acknowledgment onto a new page and make an attestation that said “three” wrong. The number can only be settled once the will is in the exact form in which it will be signed — same paper size, same font, same margins, nothing left to be added.

Finalise the text completely. No later insertions, no handwritten additions, no “we will add the executor afterwards”.
Print it in the exact form it will be signed in, and count the pages — including the page carrying the attestation clause and the page carrying the acknowledgment.
Write that number, in words and in figures, into the attestation clause and into the acknowledgment.
Number every page correlatively in letters on the upper part — “Page One”, “Page Two”, not “1”, “2”.
Re-read the attestation against the printed document one last time before anyone signs. If the count has shifted, reprint; do not amend by hand.

The generator on this page does step 2 and step 3 for you: it lays out the final document, counts the pages it actually produced, and writes that number into both the attestation clause and the acknowledgment, so the two can never disagree with the file you download. If you edit the text afterwards in Word, re-check the count before printing.

Language, and the special cases

Situation	What the Civil Code requires
The ordinary case	The will must be in a language or dialect known to the testator (art. 804). There is no requirement that it be in English, and no requirement that the witnesses understand the language of the will
The attestation clause is in a language the witnesses do not know	It must be interpreted to them (art. 805)
The testator is deaf, or a deaf-mute	If able to read, the testator must personally read the will; if not, they must designate two persons to read it and communicate its contents to them, in some practicable manner (art. 807)
The testator is blind	The will must be read to the testator twice — once by one of the subscribing witnesses, and again by the notary public before whom it is acknowledged (art. 808)
There is a defect or imperfection in the form of the attestation clause	In the absence of bad faith, forgery, fraud or undue and improper pressure, it does not invalidate the will if it is proved that the will was in fact executed and attested in substantial compliance with article 805 (art. 809). This is a safety net argued at probate, not a licence to be careless

Legal basis: Civil Code arts. 804, 805, 807, 808 and 809.

Who can make a will, and who can witness one

Requirement	Rule
Age of the testator	At least 18 years old
Mental capacity	Of sound mind at the time the will is executed
Witnesses — age	Of legal age
Witnesses — literacy	Able to read and write
Witnesses — capacity	Not blind, deaf or dumb; domiciled in the Philippines; not convicted of falsification, perjury or false testimony
Witnesses — interest	A witness who is given a devise or legacy loses it, unless there are three other competent witnesses
Number of witnesses	Three or more

Legal basis: Civil Code arts. 796–798 (capacity to make a will) and arts. 820–823 (competency of witnesses and the effect of a witness being a beneficiary).

What you cannot give away: the legitime

Philippine law reserves a portion of your estate for your compulsory heirs. You can only freely dispose of what is left over — the free portion. This is the biggest surprise for people used to jurisdictions where you can leave everything to whoever you like.

Survivors	Legitime	Free portion
Legitimate children only	One-half of the estate, divided equally among them	One-half
One legitimate child and a spouse	Child: one-half. Spouse: one-quarter	One-quarter
Two or more legitimate children and a spouse	Children: one-half divided equally. Spouse: a share equal to one legitimate child, taken from the free portion	The remainder
Legitimate parents only	One-half	One-half
Spouse only, no descendants or ascendants	One-half	One-half
Illegitimate children	Each entitled to one-half of the legitime of a legitimate child — but taken from the free portion, capped at it, and only after the surviving spouse's legitime has been fully satisfied (art. 895)	Whatever survives that
One legitimate child, a spouse and two illegitimate children	Legitimate child one-half; spouse one-quarter; each illegitimate child one-eighth	Nil

Legal basis: Civil Code arts. 886–908, particularly arts. 888, 892 and 895. Note the last two rows: with a single legitimate child the surviving spouse's legitime is one-quarter, not a share equal to the child's, and the illegitimate children draw on the free portion under the priority article 895 sets. The Supreme Court applied that order in Macalinao v. Macalinao, G.R. No. 250613 (3 April 2024). This table remains a simplification of a genuinely complicated area — combinations of survivors change the arithmetic, so compute the actual legitime with a lawyer before drafting dispositions.

Disinheritance is possible, but only for the specific causes listed in the Civil Code — an attempt on the testator's life, accusation of a crime carrying a serious penalty where the accusation is unfounded, maltreatment, refusal of support without justifiable cause, and others — and the will must state the cause. A disinheritance without a legal cause, or without stating it, is ineffective and the legitime stands.

Notarial will versus holographic will

	Notarial will	Holographic will
Form	Typed or printed	Entirely handwritten by the testator
Witnesses	Three or more required	None required
Notarisation	Required	Not required
Date	Not a formal requirement in itself	Must be dated by the testator's own hand
Signature	At the end, plus the left margin of every page except the last	At the end, in the testator's hand
Page numbering	All pages numbered correlatively in letters on the upper part of each page	No prescribed numbering
Attestation clause	Required, and it must state the actual number of pages used	Not applicable
Electronic notarisation	Expressly excluded by A.M. No. 24-10-14-SC	Not applicable — no notarisation is required
Probate	Required	Required
Risk	Formal defects void it	Authenticity disputes; witnesses to the handwriting must be produced

Legal basis: Civil Code arts. 804–806 (notarial wills) and arts. 810–814 (holographic wills). A holographic will must be entirely written, dated and signed by the hand of the testator; it is subject to no other form.

Probate: the step everyone forgets

No will passes property in the Philippines until it has been allowed by a court. Probate is mandatory, whether the will is notarial or holographic, and whether or not anybody objects. The proceeding establishes that the will was executed with the required formalities and that the testator had capacity. Only after the will is admitted to probate can the estate be distributed under it.

This has a practical consequence people rarely anticipate: leaving a will does not make settlement faster or cheaper than dying intestate. An intestate estate with agreeing heirs can be settled extrajudicially in a few months. A testate estate always goes to court. A will is for controlling who gets what — not for avoiding the process.

Legal basis: Civil Code of the Philippines, arts. 783–839 (wills), and in particular art. 804 (writing and language), art. 805 (subscription at the end by the testator; attestation and subscription by three or more credible witnesses in the presence of the testator and of one another; signatures on the left margin of each and every page except the last; pages numbered correlatively in letters on the upper part; and an attestation clause stating the number of pages used) and art. 806 (acknowledgment before a notary public by the testator and the witnesses), with arts. 807–809 on deaf, deaf-mute and blind testators and on substantial compliance; arts. 887–908 (compulsory heirs and legitime); arts. 915–923 (disinheritance); Rules of Court, Rules 75–79 (allowance and disallowance of wills, and letters testamentary); Rules on Electronic Notarization (A.M. No. 24-10-14-SC), which expressly do not apply to the execution of notarial wills.

What if…

1
…you want to change your will
Execute a new will revoking the old one, or a codicil — which must itself observe the same formalities as a will. Do not amend by hand; interlineations and erasures create exactly the disputes probate is fought over.
2
…you own property abroad
Different countries apply different conflict-of-laws rules to succession. A Philippine will may or may not govern foreign assets. Take advice in both jurisdictions.
3
…you are a Filipino living abroad
A will executed abroad is valid in the Philippines if it complies with the formalities of the place where it was executed, or of Philippine law. A will executed at a Philippine Embassy following Philippine formalities is the safest route.
4
…you want to leave everything to one child
You cannot, if you have other compulsory heirs. Their legitime is reserved by law, and a will that impairs it is reduced at probate. What you can do is direct the free portion where you wish.
5
…the will is lost
A lost or destroyed will can be probated on proof of its due execution and contents, but the evidentiary hurdle is high. Keep the original in a safe place and tell your executor where it is.

Frequently asked questions

+How many witnesses does a will need in the Philippines?

A notarial will needs three or more credible witnesses, who must attest and subscribe in the presence of the testator and of one another, and sign the left margin of each and every page except the last. A holographic will needs no witnesses at execution.

+What number of pages goes in the attestation clause?

The actual number of pages of the will as finally executed, counting the page with the attestation clause and the page with the acknowledgment. Article 805 requires the attestation to state the number of pages used, and a stated number that does not match the document is a classic ground of attack at probate. Settle the text first, print it in its final form, count, then write the number in words and figures into the attestation and the acknowledgment.

+Can a will be notarised online or remotely?

No. The Rules on Electronic Notarization (A.M. No. 24-10-14-SC) expressly exclude the execution of notarial wills. A notarial will is signed on paper in the physical presence of three or more credible witnesses and acknowledged before a notary public under article 806.

+Does a will have to be notarised?

A notarial will must be acknowledged before a notary public by the testator and the witnesses. A holographic will — entirely handwritten, dated and signed by the testator — does not require notarisation.

+Can I disinherit a child?

Only for a cause expressly allowed by the Civil Code, and the will must state the cause. Otherwise the child's legitime is protected and any disposition impairing it is reduced.

+Do I still need probate if I leave a will?

Yes. No will passes property in the Philippines until it is allowed by a court. Probate is mandatory even if nobody contests the will.

+Is a will made abroad valid in the Philippines?

Generally yes, if it complies with the formalities of the country where it was executed, or with Philippine law. It still has to be probated here — a will already probated abroad is reprobated in a Philippine court.

+Should I write a holographic will instead?

It is simpler to execute — entirely in your own handwriting, dated and signed, with no witnesses. But it is harder to probate, because someone must produce witnesses who can identify your handwriting, and it is far more vulnerable to a challenge.

The law behind this

Who inherits under Philippine law

Read →What happens after

How to settle an estate, step by step

Read →