Dear Atty. Chris,
I am Joselito. I belong to a family of 5. My father has been bedridden for more than 6 years already, and I was the one taking care of him since my siblings already have families on their own. He died a year ago. My Mama told me that Papa once said that I would get more than twice the inheritance my siblings will get. She brought it up and my brother said it is not valid since it is not written on a will. Is that correct? Thank you.
Joselito
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Dear Joselito,
First, we are sorry for the passing of your father. According to Article 804 of the Civil Code of the Philippines “[e]very will must be in writing and executed in a language or dialect known to the testator.”
Beneath the Civil Code, are there two kinds of wills a testator may execute: 1) the ordinary or attested will; 2) holographic will.
According to Article 805 of the Civil Code, every will, except holographic will, must be subscribed at the end thereof by the testator himself or by the testator’s name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.
On the other hand, Article 810 describes the Holographic Will as one that is entirely written, dated and signed by the testator himself. This kind of will, unlike the ordinary type, requires no attestation by witnesses. A common requirement in both kinds of will is that they should be in writing and must have been executed in a language or dialect known to the testator.
Given from the aforementioned, our laws do not recognize “verbal wills.” That being the case, you and your siblings will inherit in equal shares as provided under Article 980 of the Civil Code of the Philippines.
Hope this helps.
Atty. Chris Liquigan