Someone asked me if a person can bequeath his estate through a video tape. My answer is yes, he or she can but the real question should be: is it a valid will?
Under the Philippine law on Wills and Succession, there are only two acceptable forms of last will and testament: the notarial will and the holographic will. The notarial will is one which requires, among others, the presence of 3 witnesses who will attest to the fact that they have witnessed the execution and the signing of the instrument. In addition, the notarial will must be acknowledged before a notary public to be valid.
On the other hand, a holographic will is one which does not require all the formalities of a notarial will, but it requires that it is handwritten entirely by the testator. No witnesses are required and it need not be acknowledged before a notary public.
Ergo, a video tape of a person bequeathing his entire estate cannot be considered a valid will and testament and cannot be probated before the court. If there is no other last will and testament left by the testator upon his death, then he is deemed to have died intestate, that is without a will.
Nevertheless, it is my opinion that the video tape can be considered evidence on how the testator would want his estate to be divided, provided, that the legitimes of the compulsory heirs are not prejudiced (and provided there is no violent reactions from the legal heirs).
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