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Free Last Will and Testament Template — Philippines
Prepare a Philippine Last Will and Testament that complies with Articles 783 to 839 of the Civil Code of the Philippines (Republic Act No. 386). Choose a notarial will under Article 805 — signed in the presence of three credible witnesses and acknowledged before a Notary Public — or a holographic will under Article 810, written entirely, dated, and signed by hand. Identify your forced heirs, distribute the free portion, name an executor, and download a professional PDF in minutes — all in line with Philippine succession law and ready for probate before the Regional Trial Court.
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LAST WILL AND TESTAMENT
Of Juan Carlos Dela Cruz — Executed Pursuant To Article 805 Of The Civil Code Of The Philippines (Republic Act No. 386)
REPUBLIC OF THE PHILIPPINES
Metro Manila) S.S.
CITY/MUNICIPALITY OF Taguig City)
Metro Manila) S.S.
CITY/MUNICIPALITY OF Taguig City)
TESTATOR
| FULL NAME | Juan Carlos dela Cruz |
| AGE | 55 years old |
| CIVIL STATUS | Married |
| RESIDENTIAL ADDRESS | Unit 1205 The Trion Tower, 8th Avenue cor. McKinley Parkway, McKinley Hill, Taguig 1634 |
| GOVERNMENT ID | philsys No. 0000-1234-5678-9012 |
EXECUTOR
| EXECUTOR NAME | Maria Cristina Reyes |
| RELATIONSHIP | Daughter |
| ADDRESS | Block 25 Lot 14, Acropolis Subdivision, Quezon City 1110 |
| SUBSTITUTE EXECUTOR | Roberto Manuel Santos |
I, Juan Carlos dela Cruz, 55 years of age, married, Filipino, with residence at Unit 1205 The Trion Tower, 8th Avenue cor. McKinley Parkway, McKinley Hill, Taguig 1634, being of sound and disposing mind and memory, and not acting under duress, undue influence, fraud, or mistake of fact, do hereby declare this to be my Last Will and Testament, executed in conformity with Article 805 of the Civil Code of the Philippines (Republic Act No. 386), and revoke all wills, codicils, and testamentary dispositions previously made by me.
FIRST — REVOCATION OF PRIOR WILLS
I hereby revoke any and all wills, codicils, and testamentary dispositions previously made by me, declaring this instrument to be my sole and final Last Will and Testament. (Civil Code Art. 828–832.)
I hereby revoke any and all wills, codicils, and testamentary dispositions previously made by me, declaring this instrument to be my sole and final Last Will and Testament. (Civil Code Art. 828–832.)
SECOND — APPOINTMENT OF EXECUTOR
I hereby appoint Maria Cristina Reyes, my Daughter, of Block 25 Lot 14, Acropolis Subdivision, Quezon City 1110, to act as the EXECUTOR of this Will and to administer my estate without bond, to the fullest extent permitted under the Rules of Court. Should Maria Cristina Reyes predecease me, refuse, fail, or otherwise be unable to serve, I appoint Roberto Manuel Santos as substitute Executor. I direct my Executor to pay my just debts, funeral expenses, and the estate tax due under the National Internal Revenue Code (RA 8424, as amended by TRAIN Law RA 10963) at the rate of six percent (6%) of the net estate.
I hereby appoint Maria Cristina Reyes, my Daughter, of Block 25 Lot 14, Acropolis Subdivision, Quezon City 1110, to act as the EXECUTOR of this Will and to administer my estate without bond, to the fullest extent permitted under the Rules of Court. Should Maria Cristina Reyes predecease me, refuse, fail, or otherwise be unable to serve, I appoint Roberto Manuel Santos as substitute Executor. I direct my Executor to pay my just debts, funeral expenses, and the estate tax due under the National Internal Revenue Code (RA 8424, as amended by TRAIN Law RA 10963) at the rate of six percent (6%) of the net estate.
THIRD — ACKNOWLEDGMENT OF FORCED HEIRS (LEGITIME)
I expressly acknowledge that my compulsory heirs (forced heirs) as defined under Article 887 of the Civil Code of the Philippines are entitled to their legitime, which cannot be impaired by this Will. The legitime is reserved by operation of law. This Will disposes only of the free portion of my estate after the legitime of compulsory heirs has been satisfied (Civil Code Art. 904, 906). Any provision of this Will that impairs the legitime shall be reduced or completed as required by law (Civil Code Art. 907).
I expressly acknowledge that my compulsory heirs (forced heirs) as defined under Article 887 of the Civil Code of the Philippines are entitled to their legitime, which cannot be impaired by this Will. The legitime is reserved by operation of law. This Will disposes only of the free portion of my estate after the legitime of compulsory heirs has been satisfied (Civil Code Art. 904, 906). Any provision of this Will that impairs the legitime shall be reduced or completed as required by law (Civil Code Art. 907).
FOURTH — SPECIFIC BEQUESTS AND LEGACIES
Subject to the legitime of compulsory heirs and the payment of debts, taxes, and funeral expenses, I give, bequeath, and devise the following specific gifts pursuant to Civil Code Articles 904–906:
1. I give my real property covered by Transfer Certificate of Title (TCT) No. 12345 of the Registry of Deeds of Taguig, located at Lot 5, Block 8, McKinley Hill, BGC, Taguig, to my son JUAN CARLOS DELA CRUZ JR. (PhilSys No. 0000-2345-6789-0123).
2. I give my motor vehicle (Toyota Vios 2022 model, Plate No. ABC 1234, OR No. ___, CR No. ___) to my daughter MARIA CRISTINA REYES.
3. I bequeath the sum of PHP 500,000 from my BPI Savings Account No. 1234-5678-90 to my niece ANGELA PATRICIA TAN of 25F Petron Megaplaza, Sen. Gil Puyat Avenue, Makati 1200.
Subject to the legitime of compulsory heirs and the payment of debts, taxes, and funeral expenses, I give, bequeath, and devise the following specific gifts pursuant to Civil Code Articles 904–906:
1. I give my real property covered by Transfer Certificate of Title (TCT) No. 12345 of the Registry of Deeds of Taguig, located at Lot 5, Block 8, McKinley Hill, BGC, Taguig, to my son JUAN CARLOS DELA CRUZ JR. (PhilSys No. 0000-2345-6789-0123).
2. I give my motor vehicle (Toyota Vios 2022 model, Plate No. ABC 1234, OR No. ___, CR No. ___) to my daughter MARIA CRISTINA REYES.
3. I bequeath the sum of PHP 500,000 from my BPI Savings Account No. 1234-5678-90 to my niece ANGELA PATRICIA TAN of 25F Petron Megaplaza, Sen. Gil Puyat Avenue, Makati 1200.
FIFTH — RESIDUARY ESTATE
All the rest, residue, and remainder of my estate, both real and personal, of whatever kind and wherever situated, after payment of debts, funeral expenses, estate taxes, and after satisfaction of legitimes and specific bequests above (the "Residuary Estate"), I hereby give, bequeath, and devise to Maria Cristina Reyes, my Daughter, absolutely and forever; provided that, if the said beneficiary predeceases me, the Residuary Estate shall pass to: my legitimate children in equal shares per stirpes (substitution under Civil Code Art. 856–870).
All the rest, residue, and remainder of my estate, both real and personal, of whatever kind and wherever situated, after payment of debts, funeral expenses, estate taxes, and after satisfaction of legitimes and specific bequests above (the "Residuary Estate"), I hereby give, bequeath, and devise to Maria Cristina Reyes, my Daughter, absolutely and forever; provided that, if the said beneficiary predeceases me, the Residuary Estate shall pass to: my legitimate children in equal shares per stirpes (substitution under Civil Code Art. 856–870).
FUNERAL AND BURIAL WISHES
I express the following wishes regarding my funeral and the disposition of my remains (these wishes are precatory and not legally binding, but are intended to guide my Executor and family):
I direct that my remains be cremated in accordance with Roman Catholic tradition. I request a simple wake at Heritage Park Memorial Chapel, Taguig City, followed by a Requiem Mass at the Manila Cathedral. My ashes shall be inurned at the Heritage Park Columbarium.
I express the following wishes regarding my funeral and the disposition of my remains (these wishes are precatory and not legally binding, but are intended to guide my Executor and family):
I direct that my remains be cremated in accordance with Roman Catholic tradition. I request a simple wake at Heritage Park Memorial Chapel, Taguig City, followed by a Requiem Mass at the Manila Cathedral. My ashes shall be inurned at the Heritage Park Columbarium.
ACKNOWLEDGEMENT OF FORCED HEIRS
I, the Testator, expressly acknowledge that under Article 887 of the Civil Code of the Philippines certain compulsory heirs (legitimate children and descendants, ascendants, the surviving spouse, and acknowledged illegitimate children) are entitled to a reserved share of the estate (the legitime). I confirm that this Will disposes only of the free portion of my estate and that no provision of this Will is intended to impair or defeat the legitime of any forced heir, in accordance with Articles 904–906 of the Civil Code. Any disposition found to encroach upon a forced heir's legitime shall be reduced accordingly by operation of law.
I, the Testator, expressly acknowledge that under Article 887 of the Civil Code of the Philippines certain compulsory heirs (legitimate children and descendants, ascendants, the surviving spouse, and acknowledged illegitimate children) are entitled to a reserved share of the estate (the legitime). I confirm that this Will disposes only of the free portion of my estate and that no provision of this Will is intended to impair or defeat the legitime of any forced heir, in accordance with Articles 904–906 of the Civil Code. Any disposition found to encroach upon a forced heir's legitime shall be reduced accordingly by operation of law.
ATTESTATION CLAUSE (Civil Code Art. 805)
We, the undersigned witnesses, do hereby certify and attest that on this April 25, 2026, in Taguig City, Metro Manila, Republic of the Philippines, the foregoing instrument, consisting of pages numbered correlatively, including this page upon which the attestation clause is written, was signed by the testator Juan Carlos dela Cruz at the end thereof and on the left margin of each and every page in our presence and in the presence of each other; and that we, the witnesses, attested and subscribed our names on each and every page of this Will at the end thereof and on the left margin in the presence of the testator and of each other, all in compliance with Article 805 of the Civil Code of the Philippines (Republic Act No. 386).
We, the undersigned witnesses, do hereby certify and attest that on this April 25, 2026, in Taguig City, Metro Manila, Republic of the Philippines, the foregoing instrument, consisting of pages numbered correlatively, including this page upon which the attestation clause is written, was signed by the testator Juan Carlos dela Cruz at the end thereof and on the left margin of each and every page in our presence and in the presence of each other; and that we, the witnesses, attested and subscribed our names on each and every page of this Will at the end thereof and on the left margin in the presence of the testator and of each other, all in compliance with Article 805 of the Civil Code of the Philippines (Republic Act No. 386).
IN WITNESS WHEREOF, I, the testator, have hereunto signed my name on each and every page of this Will, and at the end of this Will, this April 25, 2026, in Taguig City, Metro Manila, Republic of the Philippines.
TESTATOR
Juan Carlos dela Cruz
philsys: 0000-1234-5678-9012
Date: ____________________
SIGNED AND ATTESTED BY THE WITNESSES in the presence of the testator and of each other, on each and every page hereof, including this attestation clause, on the date and at the place above first written:
WITNESS 1
Atty. Roberto Manuel Santos
8F The Trade and Financial Tower, BGC, Taguig 1634
Date: ____________________
WITNESS 2
Lourdes Mendoza
12F Net Park Building, 5th Avenue, BGC, Taguig 1634
Date: ____________________
WITNESS 3
Angela Patricia Tan
25F Petron Megaplaza, Sen. Gil Puyat Avenue, Makati 1200
Date: ____________________
NOTARIAL ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Taguig City, Metro Manila, on this April 25, 2026, personally appeared the testator Juan Carlos dela Cruz and the three (3) attesting witnesses, all known to me to be the same persons who executed the foregoing Last Will and Testament consisting of pages numbered correlatively (including this page of acknowledgment), and they acknowledged to me that the same is their free act and deed. The testator and the witnesses exhibited to me their competent evidence of identity, in accordance with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).
BEFORE ME, a Notary Public for and in the City of Taguig City, Metro Manila, on this April 25, 2026, personally appeared the testator Juan Carlos dela Cruz and the three (3) attesting witnesses, all known to me to be the same persons who executed the foregoing Last Will and Testament consisting of pages numbered correlatively (including this page of acknowledgment), and they acknowledged to me that the same is their free act and deed. The testator and the witnesses exhibited to me their competent evidence of identity, in accordance with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).
Atty. Ramon Aquino
Notarial Commission No. 23-NCR-2025; valid until December 31, 2026; Roll of Attorneys No. 65432; IBP Lifetime Member No. 12345; PTR No. 9876543, January 3, 2026, Taguig City; MCLE Compliance No. VII-1234567, valid until April 14, 2028
Doc. No. 123;
Page No. 25;
Book No. IV;
Series of 2026.
Notarial Commission No. 23-NCR-2025; valid until December 31, 2026; Roll of Attorneys No. 65432; IBP Lifetime Member No. 12345; PTR No. 9876543, January 3, 2026, Taguig City; MCLE Compliance No. VII-1234567, valid until April 14, 2028
Doc. No. 123;
Page No. 25;
Book No. IV;
Series of 2026.
Important Legal Notices:
1. This Will is governed by the Civil Code of the Philippines (Republic Act No. 386), Articles 783–839, and the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).
2. Probate is mandatory: No will shall pass either real or personal property unless it is proved and allowed in court (Article 838 NCC and Rule 75–90 of the 1997 Rules of Court). Without probate, this Will has no effect on title.
3. Forced heirs (legitime): Compulsory heirs under Art. 887 (legitimate children, descendants, ascendants, surviving spouse) cannot be excluded; their legitime is reserved by law (Art. 906).
4. Estate tax: 6% on net estate value, payable within one (1) year from death (TRAIN Law RA 10963 amending NIRC).
5. Consider engaging a Philippine-licensed lawyer to assist in probate and estate administration.
1. This Will is governed by the Civil Code of the Philippines (Republic Act No. 386), Articles 783–839, and the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).
2. Probate is mandatory: No will shall pass either real or personal property unless it is proved and allowed in court (Article 838 NCC and Rule 75–90 of the 1997 Rules of Court). Without probate, this Will has no effect on title.
3. Forced heirs (legitime): Compulsory heirs under Art. 887 (legitimate children, descendants, ascendants, surviving spouse) cannot be excluded; their legitime is reserved by law (Art. 906).
4. Estate tax: 6% on net estate value, payable within one (1) year from death (TRAIN Law RA 10963 amending NIRC).
5. Consider engaging a Philippine-licensed lawyer to assist in probate and estate administration.
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What is a Last Will and Testament under Philippine law?
A Last Will and Testament — in Filipino legal usage, simply a "will" or "huling habilin" — is the formal, strictly personal act by which a Filipino testator disposes of his or her estate (real property, personal property, monetary assets, business interests, intellectual property) to take effect upon death, subject to the restrictions imposed by the Civil Code of the Philippines. Article 783 defines a will as an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. The making of a will is, under Article 784, a strictly personal act of the testator and may not be left in whole or in part to the discretion of a third person, nor accomplished through the instrumentality of an agent or attorney.
Philippine law recognizes two principal forms of will. The notarial (or attested) will under Articles 804 to 808 must be subscribed at the end by the testator, signed in the presence of three credible witnesses who likewise sign in the testator's presence and the presence of one another, contain an attestation clause, and be acknowledged before a Notary Public commissioned under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). The holographic will under Article 810 is entirely written, dated, and signed by the hand of the testator — no witnesses or notary are required during execution, but probate before the Regional Trial Court is mandatory and at least three witnesses who knew the testator's handwriting must testify, or expert testimony must be presented (Art. 811).
Philippine succession is unique among common-law-influenced jurisdictions because the Civil Code preserves the civil-law institution of legitime — a portion of the estate reserved by law for forced heirs (legitimate and illegitimate children, the surviving spouse, and legitimate parents in default of children) under Articles 887 to 906. A Filipino testator does NOT enjoy unlimited testamentary freedom: only the disposable portion (the "free portion") may be left to non-forced beneficiaries — strangers, friends, charities, or institutions in the Philippines or abroad. Preterition (the omission of a compulsory heir in the direct line) under Article 854 annuls the institution of heirs, and probate of every Philippine will — notarial or holographic — is mandatory under Rules 75 to 90 of the Rules of Court before any disposition can take effect.
What this Philippine will template covers
The Doxuno Last Will and Testament generator produces a complete Philippine will compliant with Articles 783 to 839 of the Civil Code, ready for execution before three witnesses and a Notary Public — or as a fully handwritten holographic will under Article 810.
Testator identification & capacity
Full legal name, age, residence, and sound mind declaration (Civil Code Arts. 796-799)
Revocation of prior wills
Express revocation clause under Article 830 — protects against conflicting earlier dispositions
Designation of executor
Appointment of executor / administrator with bond per Rule 78 of the Rules of Court
Specific legacies and devises
Identified gifts of personal and real property to named beneficiaries (Arts. 924-959)
Residuary estate (free portion)
Disposition of all remaining property — the disposable portion not reserved for forced heirs
Forced heirs & legitime preservation
Acknowledgment of children, surviving spouse, and parents under Articles 887-906
Funeral and burial wishes
Non-binding guidance on funeral arrangements and burial location in the Philippines
Guardianship of minor children
Designation of guardian for unemancipated children under Family Code Art. 223
Attestation clause (notarial form)
Statement of compliance with Article 805 — number of pages, witnesses, signatures
Three credible witnesses
Names, residences, and signatures of the three subscribing witnesses required by Art. 805
Notarial acknowledgment
Acknowledgment before a Notary Public under Article 806 and the 2004 Rules on Notarial Practice
Holographic will alternative
Optional version entirely written, dated, and signed by the testator under Article 810
How to create your Philippine Last Will and Testament
No prior legal drafting experience is required. The Doxuno generator walks you through every section of a Philippine will — capacity, beneficiaries, executor, attestation, notarial acknowledgment — and produces a professional PDF ready for execution under Articles 805 or 810.
- 1
Choose the form: notarial or holographic
Select the notarial will if you wish to execute the will before three credible witnesses and a Notary Public — the standard form for Philippine estates of substantial value or where multiple beneficiaries and complex assets are involved (Civil Code Arts. 804-808). Choose the holographic will if you prefer a simpler form: under Article 810, the entire will must be written, dated, and signed by the hand of the testator. No witnesses or notary are required at execution, but the holographic form does not accept any printed or typewritten content — every word must be in the testator's own handwriting.
- 2
Identify the testator and declare capacity
Provide your full legal name, age (must be at least 18 — Civil Code Art. 797), civil status, citizenship, and current residence in the Philippines. The will must contain an express declaration that the testator is of sound mind under Article 799 — capable of knowing the nature of the estate, the proper objects of bounty (forced heirs), and the character of the testamentary act. The will should also expressly revoke all prior wills and codicils under Article 830 to avoid conflicting dispositions.
- 3
Identify forced heirs and distribute the free portion
List all your forced heirs — legitimate and illegitimate children (and their descendants by representation), surviving spouse, and legitimate parents/ascendants in default of children — pursuant to Article 887. The legitime reserved for these compulsory heirs cannot be impaired (Articles 904 and 906). Then distribute the free portion (the disposable part) to any beneficiary you choose: spouse, children, relatives, friends, charities, religious institutions, or organizations within the Philippines or abroad. Specify legacies (personal property), devises (real property), and the residuary estate.
- 4
Appoint executor and guardians
Name the executor (and a substitute) who will administer your Philippine estate during probate before the Regional Trial Court — Rule 78 of the Rules of Court requires the executor to file a bond unless expressly excused in the will. If you have unemancipated minor children, designate a testamentary guardian pursuant to Family Code Article 223 — the appointment will be respected by the Philippine court unless contrary to the children's best interest. Optionally include non-binding funeral and burial wishes.
- 5
Execute, witness, and notarize
For a notarial will, sign at the end of every page and at the end of the will in the presence of three credible witnesses who must also sign each page and the attestation clause in the testator's presence and the presence of one another (Article 805). Then acknowledge the will before a Notary Public commissioned in the Philippines under Article 806 and the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). For a holographic will under Article 810, simply write the entire will, the date, and your signature by hand — no witnesses or notary required at execution. Store the will safely; on death, probate before the Regional Trial Court is mandatory under Rules 75-90 of the Rules of Court.
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Legal considerations under Philippine succession law
Drafting a will under the laws of the Philippines requires careful attention to the legitime of forced heirs, the strict formalities of execution, and the mandatory probate procedure before the Regional Trial Court. The points below should be reviewed carefully — particularly for substantial estates, blended families, or cross-border assets.
This template is provided for informational purposes only and does not constitute legal advice. For estates of substantial value, blended families, properties abroad, or where the testator suspects the will may be contested, please consult a Philippine lawyer admitted to the Integrated Bar of the Philippines (IBP) experienced in estate and succession law before executing the will.
Reviewed by legal professionals. The clauses, formalities, and statutory references in this Philippine Last Will and Testament template have been reviewed against the Civil Code of the Philippines (RA 386), the Family Code (EO 209), and the Rules of Court of the Philippines.
Forced heirs and the legitime under Articles 887-906
The most important constraint on testamentary freedom in the Philippines is the legitime — a portion of the estate that the law reserves for forced heirs and that the testator cannot validly take away through his will. Article 887 enumerates the forced heirs: legitimate children and descendants (with respect to their legitimate parents and ascendants); in their default, legitimate parents and ascendants (with respect to their legitimate children and descendants); the widow or widower; and acknowledged illegitimate children. Article 888 fixes the legitime of legitimate children at one-half of the hereditary estate — divided equally among them. Article 892 grants the surviving spouse, when concurring with one legitimate child, a share equal to that of the legitimate child; with two or more legitimate children, a share equal to one of them, taken from the free portion. Article 895 fixes the legitime of illegitimate children at one-half of the share of legitimate children. Preterition of a compulsory heir in the direct line under Article 854 annuls the institution of heirs entirely, although legacies and devises in so far as they are not inofficious survive. Disinheritance is permitted only on the grounds enumerated in Articles 919, 920, and 921, must be made in the will itself, and must specify the legal cause — otherwise it is void.
Formalities of notarial and holographic wills (Arts. 805, 806, 810)
Philippine law imposes strict formalities; failure to comply renders the will void. A notarial will under Article 805 must be: (a) in writing; (b) executed in a language or dialect known to the testator (Art. 804); (c) subscribed at the end by the testator or by another in his presence and by his express direction; (d) attested and subscribed by three or more credible witnesses in the presence of the testator and of one another; (e) every page signed at the left margin by the testator and witnesses (except the last); (f) every page numbered correlatively in letters; (g) contain an attestation clause stating the number of pages, the fact that the testator signed in the presence of the witnesses and the witnesses in his presence and that of one another; (h) acknowledged before a Notary Public (Art. 806). A holographic will under Article 810 must be entirely written, dated, and signed by the hand of the testator himself — no witnesses or notary at execution — but Article 811 requires probate proof through three witnesses who knew the handwriting, or expert testimony. Joint wills (two or more persons in the same instrument) are void under Article 818 even if executed by spouses. Wills executed abroad by Filipino citizens are valid if compliant with the law of the place of execution (Art. 815) or with Philippine law.
Probate before the Regional Trial Court — Rules 75 to 90
Probate of every Philippine will, whether notarial or holographic, is mandatory under Article 838 of the Civil Code: no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. The Regional Trial Court (RTC) of the province where the deceased resided at the time of death has exclusive original jurisdiction over probate proceedings under Section 1, Rule 73 of the Rules of Court. The petition for probate may be filed during the testator's lifetime (ante-mortem probate) or after death. After probate, the executor named in the will administers the estate under court supervision per Rule 78, files an inventory (Rule 83), pays debts and taxes — including the estate tax to the Bureau of Internal Revenue (BIR) under the National Internal Revenue Code — and finally distributes the residue to the heirs and legatees. Estate tax in the Philippines is currently 6% of the net estate under the TRAIN Law (RA 10963), with a standard deduction of PHP 5,000,000 and a family home deduction of up to PHP 10,000,000. Allowance to surviving spouse and children pending settlement is granted under Rule 83.
Revocation, amendment, and special cases
A Philippine will may be revoked at any time before death under Article 828 — the testator cannot validly waive the right to revoke. Modes of revocation under Article 830 are: (1) by implication of law (e.g., subsequent valid marriage in some cases); (2) by a subsequent will or codicil expressly revoking; (3) by burning, tearing, cancelling, or obliterating the will with the intention of revoking it. A codicil is a supplement or addition that must observe the same formalities as the will it modifies (Arts. 825-826). For Filipino citizens domiciled abroad with property in the Philippines, Article 16 of the Civil Code applies the national law of the deceased to intestate and testamentary succession — Philippine succession law governs even for property located in the Philippines. Foreign nationals leaving Philippine property are subject to their own national law for distribution of the estate, but Philippine probate procedure applies. Renvoi questions and conflicts of laws are common in cross-border estates and warrant consultation with a Philippine lawyer experienced in private international law.
Frequently Asked Questions
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