Notarial Will and Attestation

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21. What are the formalities which are required for the execution of an ordinary or notarial will? (1915, 1921, 1928, 1946)ANS: The formalities or solemnities which must be complied with in the execution of an ordinary or notarial will are as follows: (1) W The will must be in writing; (2) L The will must be written in a language or dialect known to the testator; (3) S The 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; (4) 3A The will must be attested and subscribed by 3 or more credible witnesses in the presence of the testator and of one another; (5) STW The testator or the person requested by him to write his name and the instrumental witnesses of the will shall also sign each and every page thereof, except the last, on the left margin; (6) N All the pages of the will must be numbered correlatively in letters placed on the upper part of each page; (7) A The will must contain an attestation clause; and (8) N The will must be acknowledged before a notary public by the testator and the witnesses. (Arts. 804-806, CC.) 25. What is meant by attestation and subscription? ANS: Attestation of the will by the instrumental witnesses consists in the act of witnessing the execution of the will by the testator in order to see and take note mentally that those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a fact. Strictly speaking, it is the act of the witnesses, not that of the testator, in executing the"will and requesting the witnesses to sign as such. Its purpose is to render available proof that there has been a compliance with the statutory requirements for the execution of a will. Subscription, on the other hand, consists in the manual act of the instrumental witnesses in affixing their signatures to the instrument. Its only purpose is for identification.57. What are the different modes of revocation? ANS: No will shall be revoked except in the following cases: (1) By implication of law; or (2) By some will, codicil, or other writing executed as provided in case of wills; or (3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person' in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. (Art. 830, CC.)