Evidence Required In Support Of A Will

Notarial Holographic
Court will grant allowance of the will on the basis of the Necessary:
testimony of at least 1 subscribing witness if such 1 witness who knows the
witness testifies that the will was executed as required by handwriting and signature
law (sec. 5, Rule 76) of the testator explicitly
Rule 76, Sec. 7 Rule 76, Sec. 8 declares that the will and
If all subscribing If the subscribing witnesses signature are in the
witnesses reside outside are handwriting of the testator.
the province, - dead
- insane If there’s no competent
Then - non PH residing witness, use expert
Uncontested DEPOSITION is testimony.
allowed and the court Then the court may allow
may authorize a testimony of other witnesses Note: in case of holo will,
photographic copy of to prove sanity and due witnesses don’t need to be
the will to be made and execution of testator presented before expert
to be presented to the testimony
witness on his May admit proof of
examination handwriting of the testator In case of notarial wills, the
AND the subscribing attesting witnesses must be
witnesses or of any of them, first presented.
as evidence of execution
Rule 76, Sec.11 The testimonies of at least
All subscribing witnesses and the NP before whom the 3 witnesses who know the
will was acknowledged must be produced and examined, handwriting and signature
IF they of the testator are
- are present in PH, and mandatory to prove its
- not insane authenticity.

They must testify as to the due execution AND If not ^, and the court
attestation of the will deems necessary, then use
expert testimony
Contested G: A party is bound by the testimony that he presents
E: The party will not be bound by the testimony of the
ff, whom he presents: any or all the witnesses, if they
- testify against the will
- do not remember attesting thereto
- are of doubtful credibility

If the exception applies, then the will may be allowed

using testimony of other witnesses and from all the
evidence presented that will show that the will was
executed and attested in the manner required by law.
Rule 76, Sec.12 The testator affirms that
The fact that he affirms that the holographic will and the the holo will is in his
signature are in his own handwriting shall be sufficient handwriting and signature
Ante evidence of the genuineness and due execution thereof. is sufficient evidence of its
Mortem, due execution and
Holographic genuineness.

Burden of disproving is on
the contestant.