LAST WILL AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS:
I, _______________ (NAME OF TESTATOR), of legal age, citizen of
_______________ (COUNTRY OF NATIONALITY), single/married to
_______________ (NAME OF SPOUSE, IF MARRIED), born on
_______________ (DATE OF BIRTH), now actually residing at
_______________ (ACTUAL RESIDENCE AT THE TIME OF EXECUTION OF THE
WILL), being of sound and disposing mind and memory, and not acting under
undue influence, violence, fraud, or intimidation of whatever kind from anyone,
do hereby declare and proclaim this instrument to be my Last Will and
Testament, which I have caused to be written in English, the language which I
thoroughly know and understand. And I hereby declare that:
I. I desire that when I die, I be buried according to the rites of the
Roman Catholic Church and interred at _______________ (PLACE OF DESIRED
INTERMENT) (IF REPATRIATION OF THE REMAINS TO A FOREIGN COUNTRY,
CREMATION, OR OTHER MODES OF DISPOSITION OF ONE’S MORTAL REMAINS
IS DESIRED, IT MUST BE STATED HERE).
II. Upon the following persons/institutions, I bestow the following
bequests, legacies, devices, and gifts:
1. To _______________ (NAME OF RECIPIENT), my
_______________ (RELATION), I give _______________
(SPECIFY PROPERTY);
2. To _______________ (NAME OF RECIPIENT), my
_______________ (RELATION), I give _______________
(SPECIFY PROPERTY); and
3. To _______________ (NAME OF RECIPIENT), my
_______________ (RELATION), I give _______________
(SPECIFY PROPERTY).
III. To my loving spouse/partner _______________ (NAME OF
WIFE/PARTNER), I give and bequeath the following property, to wit:
_________________________ (PROPERTY/IES BEQUEATHED UPON
SPOUSE/PARTNER) (IF THE TESTATOR AND HIS PARTNER IS MARRIED AND AN
ABSOLUTE PROHIBITION AGAINST A SUBSEQUENT MARRIAGE IS DESIRED, THE
FOLLOWING CLAUSE MAY BE ADDED: “…, provided he/she keeps inviolate our
mutual promise never to contract a subsequent marriage; and if my spouse
should desecrate said promise by re-marrying, then the property I am leaving to
him/her shall go to my children”).
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IV. To my beloved children, ________________________ and
______________________ (NAMES OF CHILDREN), I give and bequeath, in
equal shares, the rest of my estate, both real and personal, whatsoever and
wheresoever located, except the properties otherwise disposed of by this my
Last Will and Testament or any codicils thereto (NOTE: IF A PARTICULAR
PARTITION OF SPECIFIC PROPERTIES IS DESIRED, IT MAY ALSO BE SPECIFIED
HERE; IF THE TESTATOR WISHES TO IMPOSE THE INALIENABILITY OF THE
PROPERTIES BESTOWED, THE SAME IS VALID PROVIDED THAT IT DOES NOT
EXCEED TWENTY [20] YEARS, e.g.: “… provided that these real properties shall
not be partititoned, alienated, or disposed of for at least ten [10] years).
V. I hereby designate _______________ (NAME OF APPOINTED
EXECUTOR) as the sole executor and administrator of this Last Will and
Testament, without need for him to present a bond, and in case of his
incapacity, I name and designate _____________________ (NAME OF
SUBSTITUTE) as his substitute.
VI. I hereby revoke, set aside and annul any and all other will or
testamentary dispositions that I have made, executed, signed or published prior
to this Last Will and Testament, or alleged to have been made, executed, signed
or published heretofore.
VII. I specifically desire that this my Last Will and Testament be made
and enforced pursuant to and in accordance with the provisions of the Civil Code
and other pertinent statutes of the Republic of the Philippines, which shall prevail
over contrary provisions of the laws governing my country of nationality or the
location of properties disposed of herein.
OPTIONAL CLAUSE/S:
VII. I have intentionally omitted to provide for, and specifically direct
and will that under no circumstance shall any part, share or interest in my estate
go to, vest in, or be taken by my natural son _______________ (NAME OF
HEIR), and I hereby specifically disinherit him. On one occasion, he assaulted
my wife with a deadly weapon and almost killed her, for which assault he was
subsequently convicted and imprisoned. This is the cause for my disinheriting
him (other causes for disinheritance are enumerated under Articles 919 and
1032 of the Civil Code of the Philippines).
IN WITNESS WHEREOF, I have hereunto affixed my signature this
_______________, in ________________, Philippines.
______________________________________________
(TESTATOR’S SIGNATURE OVER HIS PRINTED NAME)
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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; and 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, 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 OF EXECUTION)
at ____________ (PLACE OF EXECUTION).
______________________________
Name and Signature of Witness
____________________________________________
Address
______________________________
Name and Signature of Witness
____________________________________________
Address
______________________________
Name and Signature of Witness
____________________________________________
Address
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JOINT ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of ________________,
personally appeared:
The testator ________________, with CTC No. __________ issued at
___________ on ____________;
Witness, ___________________, with CTC No. __________ issued at
___________ on ____________;
Witness, ___________________, with CTC No. __________ issued at
___________ on ____________;
Witness, ___________________, with CTC No. __________ issued at
___________ on ____________;
all known to me to be the same persons who executed the foregoing Last Will
and Testament, the first as testator and the last three as instrumental witnesses,
and they respectively acknowledged to me that the same is their own free act
and deed.
This Last Will and Testament consists of four (4) 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 20__.
