Notarial acts when void

(1) Notarial acts shall be void in the event of,— (i) incompetence of the Special Notary as regards the subject and place; (ii) failure to mention the day, date, month, year and place, However when it is possible to ascertain which is the correct date, month, year and place from the context of the documents or other material available in the office of the Special Notary, the nullity on the ground of failure to mention them shall not subsist; (iii) absence of signature of the parties when they know to or can sign; (v) failure to identify the party; (vi) failure to mention the power of attorney, if the act is done by the attorney; (vii) absence of errata memo of the corrections, interlineations, dashes or erasures made. However, words corrected, struck through or erased without errata memo which do not amount to alteration of the essential terms of the respective instrument or its context in substance, are deemed not written and do not result in nullity, provided that the intention of the testator can be gathered from the remaining part of the will. The same procedure shall be followed as regards words inserted without being initialed, notwithstanding that they may result in alteration of the meaning of the text. (viii) absence of the signature of the Special Notary. (2) Where a disposition is made in favour of the witnesses, certifiers or interpreters who have intervened in public wills or in the record of approval of sealed wills, only such disposition shall be void. (3) Any act performed by the Special Notary contrary to section 317 shall be void. However, public wills and records of approval of closed wills shall be excluded therefrom; in such cases, of nullity shall be restricted to dispositions made in favour of persons referred to in section 317.