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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
“The making of a will is strictly a personal act; it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney.” (Article 784, Civil Code)
“Two or more persons cannot make a will jointly, or in the same instrument, either for reciprocal benefit or for the benefit of a third person.” (Article 818, Civil Code)
A joint will refers to a single testamentary instrument which contains the wills of two or more persons, jointly executed by them, either for their reciprocal benefit or for the benefit of a third person. (p. 106, “Comments and Jurisprudence on Succession”, Jurado, 2009)
In the Philippines, joint wills executed by Filipino citizens are void. The prohibition against joint will is entrenched in the principle in succession that “the making of a will is a strictly personal act”, to wit:
“The making of a will is strictly a personal act; it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney.” (Article 784, Civil Code)
Moreso, a joint will is against public policy since exposes the testator to undue influence in its execution; it is likewise contrary to the revocable character of a will.
Thus, the law says:
“Two or more persons cannot make a will jointly, or in the same instrument, either for reciprocal benefit or for the benefit of a third person.” (Article 818, Civil Code)
Despite the common practice of executing joint wills in the past, the Civil Code mandates that execution of joint wills is prohibited, and the law cannot yield validity to such joint wills.
Jurisprudence says:
“It is unnecessary to emphasize that the fact that joint wills should be in common usage could not make them valid when our Civil Code consistently invalidated them, because laws are only repealed by other subsequent laws, and no usage to the contrary may prevail against their observance.” (Paula dela Cerna, et al. v. Manuela Rebecca Potot, et al., G.R. No. L-20234, December 23, 1964)
Question:
Mr. Juan Cruz, a Filipino citizen, executed a joint will with his French wife in Paris, France. Assuming that joint wills are allowed in France, may the joint will of Mr. Cruz and his wife be honored in the Philippines?
Answer:
No. The joint will executed by Mr. Cruz cannot be honored since a joint will is not valid in the Philippines.
Joint wills executed by Filipino citizens are void whether they are executed in the Philippines or abroad, and notwithstanding the fact that the laws of the country where they may have been executed authorizes their execution.
Article 819 of the Civil Code provides that “wills, prohibited by [Article 818], executed by Filipinos in a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed.”
Read also: WHO ARE CAPACITATED TO MAKE A WILL?
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