FORM OF LAST WILL

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Page One of Four

LAST WILL AND TESTAMENT

OF
[NAME OF TESTATOR]

KNOW ALL PERSONS BY THESE PRESENTS:

I, [FULL NAME OF TESTATOR AND OTHER NAMES KNOWN FOR, IF ANY], of legal age, [_____]
citizen, [civil status], born on [____], and now actually residing at [exact residential address],
Philippines, being of sound and disposing mind and memory, and not acting under undue
influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will and
Testament which I have caused to be written in English, the language known to me. I hereby
declare that:
[Witness 4]

1. COMPULSORY HEIRS. [I am not married, and to the best of my knowledge, I have no

surviving children, parents, or other compulsory heirs.] OR [To the best of my knowledge,
the following are my surviving [parents/ascendants, children/descendants, spouse]]:

Name Relationship Date of Residential

(indicate if Birth Address/Citizenship
Legitimate or
Illegitimate)
[ Witness 3 ]

2. DISINHERITANCE. I hereby disinherit [Name of Compulsory Heir listed above] because:

[Testator must explain the reason for disinheriting a Compulsory Heir, and the reason must
be one of those allowed by law]
[Witness 2]

3. DISPOSITION OF PROPERTIES. I hereby bequeth my properties as follows:

a. REAL PROPERTIES.

i. All real properties that I inherited from my mother and the house and
lot located in [ ], and all accessions and accessories found therein
not otherwise specifically listed in the succeeding paragraphs, I hereby
[Witness 1]

bequeath to __________________________.

ii. My share in the condominium properties located in [ ], which I co-

own with my partner, [Name of Partner], I hereby beqeath to [Name
of Partner]
[Name of Testator]

b. PERSONAL PROPERTIES. My personal properties, including my jewelries, art

collection and car, I hereby bequeath to _________________________.

c. CASH AND INVESTMENTS. All my cash and all other financial investments I
hereby bequeath to _______________________.
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d. ALL OTHER PROPERTIES. All of my other properties not otherwise specifically

listed in the preceding paragraphs I hereby bequeth to
____________________.
[Witness 4]

4. SPECIAL INSTRUCTIONS.

a. I wish to clarify that I am holding in trust for [X] the 1,000 shares in [ ]
Corporation, covered by stock certificate no. ________________ issued in my
name as shareholder of record. The said shares of stock should be returned to
[X] as the rightful and beneficial owner thereof.
[ Witness 3 ]

b. Even though I have bequethed the house and lot to ____________________, I

wish that my mother will have usufruct over it until her death.

5. CHILDREN. It is my wish that upon my death, my minor biological/adopted child(ren),

[Name(s)], be placed under the care, custody, and guardianship of my partner, [Name of
Partner]. The well-being of my children are of my utmost concern. While the honorable
court will decide on my children’s custody and guardianship, let it be known to all that I
believe it is to the best interest of my children that they remain in the custody of [Name
of Partner], who has been my children’s other parent since infancy. I hereby give my
[Witness 2]

unequivocal consent to the: (a) appointment of [Name of Partner] as guardian of my

children; and/or (b) adoption of my children by [Name of Partner], upon my death. In
[Name of Partner]’s default, incapacity, or death, it is my wish that my [relationship],
[name], be the substitute guardian of my children.

6. FUNERAL ARRANGEMENTS. It is my wish that my remains be cremated, and that my ashes

lie in state at [_____]. Further, I ask that Requiem of Faure be sung during the mass or
[Witness 1]

necrological service, and that [NAME OF PARTNER] give my eulogy. I direct that my partner,
[NAME OF PARTNER], who knows my religious and moral beliefs, be in-charge of my funeral
arrangements to ensure that my wishes are followed and that my funeral rites are held in
accordance with my beliefs. Only in her default shall my nearest of kin take charge of my
funeral arrangement. This same wishes I have provided in my Last Will and Testament.
[Name of Testator]

7. EXECUTOR. I designate [Name of Executor], of legal age, and with residence address at [
address ], as the sole executor of this my Last Will and Testament. In his default or
incapacity, I designate [Alternative Executor], of legal age, and with residence address at
[ address ], as the substitute executor. I hereby direct that the executor named herein, or
his lawful substitute, should serve without bond.
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8. LIABILITIES, TAXES, AND COSTS.

a. To the best of my knowledge, I have no liability. However, in the event that I

have proven liabilities, the settlement thereof shall be [taken from my
[Witness 4]

propertiesestate in the following order of properties:] OR [defrayed by my heirs

in proportion to and only to the extent of their inheritance].

b. The estate taxes and all other costs related to the settlement of my estate in
accordance with this Will, including legal fees, shall be, shouldered by my
estate; and thereafter, if necessary, defrayed by my heirs in proportion to their
inheritance.
[ Witness 3 ]

9. I hereby revoke any and all other wills, codicils or testamentary dispositions previously
executed, signed, or published by me.

IN WITNESS WHEREOF, I have hereunto set my hands this [Date] in [City or Municipality]
Philippines.

[NAME OF TESTATOR]
[Witness 2]

Testator
[Witness 1]
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Page Three of Four

ATTESTATION CLAUSE
[Witness 4]

We, the undersigned attesting witnesses, whose residence addresses are stated below
our respective names, do hereby certify that the testator, [NAME OF TESTATOR] has published
unto us the foregoing WILL as his last Will and Testament, and has signed the same and every
page thereof, on the left margin, in our joint presence, and in the presence of the notary public.
The said will consists of [four (4) pages], inclusive of this attestation clause, and is numbered
correlatively in letters on the upper part of each page.

We, in turn, at the request of [NAME OF TESTATOR], have witnessed and signed the
[ Witness 3 ]

Will and every page thereof, on the left margin, in presence of the testator, the notary public
and each and all of us.

IN WITNESS WHEREOF, we have hereunto set out hands this [Date] in [City or
Municipality], Philippines

[WITNESS 1]
[Complete Address]
[Witness 2]

[WITNESS 2]
[Complete Address]
[Witness 1]

[WITNESS 3]
[Complete Address]
[Name of Testator]

[WITNESS 4]
[Complete Address]
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Page Four of Four

JOINT ACKNOWLEDGEMENT
[Witness 4]

BEFORE ME, Notary Public for and in [same City or Municipality where Testator and
Witnesses signed the Will] this [Date], personally appeared:

Name Passport/Govt. ID No. Date of Issue Place of Issue

[Testator]
[Witness 1]
[Witness 2]
[ Witness 3 ]

[Witness 3]
[Witness 4]

all known to me to be the same persons who signed the foregoing Will, all having signed the
Will in my presence, the first as testator, and the last (three/four) as instrumental witnesses,
and they respectively acknowledged to me that they signed the Will as their own free act and
deed, being of sound mind and memory, and not acting under undue influence, violence, fraud
or intimidation of whatever kind. This Will consists of four (4) pages, including the attestation
clause and the page on which this acknowledgement 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
[Witness 2]

my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the date and written.

Doc. No.______;
[Witness 1]

Page No. _____;

Book No. _____;
Series of 2020.
[Name of Testator]