B7. Witnesses to a Notarial Will (Qualification and Disqualifications)

Question 1

Qualifications of Witnesses

Answer 1

1. Of Sound mind.
2. At least 18 years of age.
3. Able to read and write
4. Not Blind, deaf or dumb

NOTE: While a blind or deaf may not be a witness, he could be a testator in a notarial will

5. Not have been Convicted by final judgment of falsification of a document, perjury or false testimony.
6. Domiciled in the Philippines – his habitual residence must be in the Philippines. (Art. 50, NCC). Applies only if the will is executed in the PH

Question 2

Instrumental witness as beneficiary in a will

Answer 2

The fact that a person acts as a witness to a will does not disqualify him to be a beneficiary. However, it renders void any legacy or device given under said
will to such person or to his spouse, or parent or child, UNLESS there are three other competent witnesses to the will. (Art. 823, NCC) (2010 BAR)

Such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given.