Revocation of Wills and

Testamentary
Dispositions
May a will be revoked by the testator?

Is there such as a thing as an irrevocable will?

Why is revocation allowed?

Wills are Essentially Revocable till the Death of the
Testator.

- will are ambulatory and inoperative till the death of the

testators.
- they are revocable even if already probated during the
lifetime of the testator(Palacios vs Palacios, 106 Phil. 739)
- a probated will can be revoked be a valid codicil which
codicil could be subsequently probated (Macam vs
Gatmaitan, 60 Phil. 3581)
Article 828. A will may be revoked by the testator at any
time before his death. Any waiver or restriction of this
right is void.

Revocation is an act of the mind, terminating the potential

capacity of the will to operate at the death of the testator,
manifested by some outward and visible act or sign,
symbolic thereof. It is an act to annul an existing will in
whole or in part.
Wills are essentially revocable (Macam vs Gatmaitan)
They are revocable at the pleasure of the testators.
Revocation is the prerogative of the testators and no one
can stop them from revoking their wills. Their heirs have
no vested rights till after the testators’ death.
Even if the testator shall state that his will is irrevocable,
such provision will have no binding effect
Why is revocation allowed?
Because of Article 777, successional rights
are vested only upon the death of the
testator.
That there might be changes in the family
or domestic relations or in the status of the
property such that the law presumes a
change of mind on the part of the said
testator.
 Revocation Nullity

1. This is an act of the testator in 1. This is determined by the law.

the exercise of a recognized right.
2. It is a voluntary act. 2. Inherent in the will whether the
defect is intrinsic or extrinsic.
3. It takes place during the lifetime of 3. It is invoked after the testator’s
the testator. death.
4. The right to revoke could not be 4. Nullity of the will could be
renounced by the testator. disregarded by the heirs by
voluntarily complying with its
provision.
Article 829. A revocation
- done outside the Philippines
- by a person who does not have his residence in this
country,
Is valid
- when it is done according to the law of the place where
the will was made, or
- according to the law of the place in which the testator
had his domicile at the time
And if the revocation
- takes place in this country,
- when it is in accordance with the provisions of this code.
Rules:
Made within the Philippines Philippine law only

Made outside the Philippines Law of domicile

Non-resident of Philippines Law of the place of execution

Resident of the Philippines Law of the place of revocation

How may wills be revoked? What are the modes of revoking a will
under Philippine Law?

Article 830. No will shall be revoked except in the following cases:

1. By implication of law
2. By some will, codicil or other writing executed as provided in case
of wills, or
3. By
3.1 burning
3.2 tearing
3.3 cancelling
3.4 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 state
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 Rule of Court.
1. By implication or operation of law
When after making the will the testator sells or donates
the legacy or devise
Provision in a will in favor of the spouse who has given
cause for legal separation shall be revoked by operation of
law the moment a decree of legal separation is granted
- Article 63, Family Code – The offending spouse
shall be disqualified from inheriting from the innocent
spouse by intestate succession. Moreover, provisions in
favor of the offending spouse made in the will of the
innocent spouse shall be revoked by operation of law.
When an heir, legatee or devisee commits an act of
unworthiness under Article 1032.
Art. 1032 – the following are incapable of succeeding
by reason of unworthiness:

4. Any heir of full age who having knowledge of the

violent death of the testator, should fail to report it to an
officer of the law within a month, unless the authorities
have already taken action; this prohibition shall not apply
to cases wherein according to law, there is no obligation to
make an accusation.
When one, some or all of the compulsory heirs have been
preterited or omitted, the institution of heirs is void. Art.
854
Art. 935 – legacy of credit
Art. 957 – legacy or devise without effect
Art. 43(5) FC – voidable bigamous marriage
Art. 63(4) FC – legal separation
Art. 44 FC – Voidable bigamous marriage
2. By virtue of a revoking will or codicil: REQUISITES
1. The testator at the time of revoking the will must have
the capacity to make a will – testamentary capacity
2. It is essential that the revoking will/codicil be itself valid
(validly executed as to form) otherwise there is no
revocation
3. The revocation made in the subsequent will/codicil must
be a definite one – there must be revocatory clause or it
must be inconsistent with the previous will
4. The subsequent will/codicil must be admitted to probate
(Doctrine of Dependent Relative Revocation)
When is a will expressly or impliedly revoked? Art. 831
A will is expressly revoked
- when in a subsequent will or codicil or other writing
executed as provided in case of wills, there is a
revocatory clause expressly revoking the will or a part
thereof.

It is impliedly revoked when

- the provision of the subsequent will or codicil are
partially or absolutely inconsistent with those of the
previous will.
3. By virtue of an overt acts
 Like burning, tearing, cancelling or obliterating totally or partially in some instances
– physical destruction of the will
 Requisites:
1.the testator at the time of revoking the will, must have capacity to make a will –
testamentary capacity to insure the intelligence of the act.
2.there must be an overt act specified by law – act of destruction under Art. 830 (3)
or act of crumpling (an exception as held in the case of Roxas vs Roxas (48 OG
2177)
3.there must be a completion of at least the subjective phase of the overt act
4.there must be intention to revoke or animus revocandi
5.the revocation must be done by the testator himself or by some other person in his
presence and under his express direction – but ratification by an unauthorized
destruction is permissible provided sufficient proof is presented.
What is the effect of unauthorized physical destruction?

Art. 830: 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
provided…
Art. 830: if its contents, due execution and the fact of
its unauthorized destruction, cancellation or obliteration
- are established according to the Rules of Court
Animus revocandi or intention to revoke is only one of
the necessary elements for the effective revocation of
wills. The intention to revoke must be accompanied by the
overt physical act of burning, tearing, obliterating or
cancelling the will.
Is there a presumption of revocation?
- The law does not require any evidence of the
revocation or cancellation to be preserved. It therefore
becomes difficult at times to prove the revocation and
cancellation of wills. The fact that such cancellation or
revocation has taken place must be inferred from evidence
showing that after due search, the original will cannot be
found.
- where a will which cannot be found is shown to have
been in the possession of the testator, when last seen, the
presumption is, in the absence of other competent
evidence, that the same was cancelled or destroyed. The
same presumption arises where it is shown that the testator
had ready access to the will and it cannot be found after
his death.
- note that the force of the presumption of cancellation
or revocation is not conclusive it may be overcome by
proof that the will was not destroyed or revoked by the
testator with the requisite intention
Remember:
- the destruction is ineffectual to revoke the will if
there is no animus revocandi
- also, the mere intention to revoke unaccompanied
by any physical act of burning, tearing, canceling or
obliterating is also ineffectual
- these two acts – intention and destruction- must
concur to make the revocation by destruction effective
Problem: A intended to burn her will contained in an
envelope. She burned the envelope thinking the will was
still inside it when actually B had surreptitiously removed
the will before the burning. Can the will be admitted to
probate?

Ans. The revocation is ineffectual. The will was admitted to

probate.
Question: Is it necessary that the will be totally destroyed?

Ans. It suffices if in the face of the will, there is a sign or

there are signs of acts of destruction.

- when the testator threw his will into the fire with the
intention of burning it, but a third person quickly snatched
it after the end tip has been scorched, thus preventing it
from being totally burned, it was held that the will was
revoked.
Question: What if the burning was accidental?

Ans. No revocation because the absence of intention.

Tearing
- any tear on the will, even if slight will be sufficient
revocationif the tearing was impelled by an intention to
revoke.
- what counts is that the subjective phase is completed.
- cutting off of the signature or its scraping with a sharp
instrument is sufficient act of tearing
If the testator, in the fit of anger, has partly torn the will
and was about to tear it further with the intention to
revoke but was stopped and persuaded by another to desist
from tearing, and he so desisted from further tearing it, the
will is not revoked
Cancellation
- running of lines across the written parts of the will
with the intent to revoke.
Obliteration
- to blot out or to render undecipherable
Roxas vs Roxas, 48 OG 2177

 The act of crumpling as an overt act of destruction in the

presence of animus revocandi
 Crumpling done especially in a fit of anger with the
intention to revoke is a clearer act of revocation than
crossing lines on the written part of the will
Article 832. A revocation made in a subsequent will shall
take effect, even if the new will should become
inoperative by reason of
- the incapacity of the heirs, devisees or legatees
designated therein, or
- by their renunciation
Doctrine of Dependent Relative Revocation – doctrine
which makes the revocation of a will dependent upon the
efficacy of the new disposition. Thus if for any reason, the
new will intended to be made as a substitute is not valid,
the revocation fails and the original will remains in full
force
Remember:
- an invalid revoking will cannot revoke a previous will
- an operative or ineffective will can revoke a previous
will

- a will may be valid although not effective. Thus a duly

executed will remains valid, even though the same is not
operative because of the incapacity of the heirs, devisees
or legatees or by reason of their renunciation or
repudiation
Article 833. A revocation of a will based on
- a false cause or
- illegal cause
Is null and void.

Example:
A designated B as his heir to his Law Library. On the
information that B did not pass the Bar Examinations, A
revoked the testamentary disposition in a codicil. It turned
out that B actually passed the Bar Examinations. The
Revocation having been based on a false cause is void. B
is entitled to the Library bequeathed to him.
Article 834. The recognition of an illegitimate child does not
lose its legal effect, even though the will wherein it was
made should be revoked.
- once an illegitimate child is recognized, the
recognition grants the child a status which must not be
disturbed even if the will is subsequently revoked. The
status accorded to children must not be subjected to
uncertainty.

- the will though validly revoked remains an

authentic document of recognition
Republication is the process of reestablishing a will which
has become useless because it was void or had been
revoked. It is a method by which the testator restores to
validity as his will an instrument formerly executed by
him as his will which was originally invalid for want of
proper execution. It also means where the testator updates
his will to cover properties acquired after the execution of
the first will.
Article 835. The testator cannot republish,
- without reproducing in a subsequent will
- the dispositions contained in a previous one which
is void as to its form.

Remember:
- it is the testator’s act of re-establishing his will by
virtue of legal provisions. It takes place by operation of
law.
Examples:

1. By implication of Article 837 if the second merely

impliedly revoked the first will, and the second will was
itself revoked, the first will is automatically revived.

2. If a compulsory heir in the direct line is omitted, the

institution of heir is annulled, but should the omitted
heir die before the testator, the institution is revived
without prejudice to the right of representation.
REPUBLICATION may be made by:
1. Express republication – or re-execution of the original
will – the original provisions are copied

2. implied republication – or republication by reference –

execution of a codicil also known as implied republication
(Art. 836
Article 836. The execution of a codicil referring to a
previous will has the effect of republishing the will as
modified by the codicil.

- to republish a will void as to its form, all the

disposition must be reproduced or copied in the new or
subsequent will

- to republish a will valid to as to its form but already

revoked, the execution of a codicil which makes reference
to the revoked will is sufficient – mere reference is
sufficient so that there is no necessity to reproduce all the
previous dispositions
 A will which is valid as to form could be revoked. If revoked,
it could be revived or republished by its mere reference in a
codicil.
 But if the will is void as to form (ex. For lack of the requisite
number of witnesses), it could not be revived or republished in
a subsequent will without reproducing its original dispositions.
 A will which is not valid because of fraud, force or undue
influence or for lack of required age or due to insanity could
not be republished by mere reference in a codicil. This not a
case of a void will as to its form.
EFFECTS of REPUBLICATION by virtue of a CODICIL:
1. the codicil revives the previous will
2. the old will is republished as of the sate of the codicil –
it makes it speak, as it were, from the new and later date.
3. a will republished by a codicil is governed by a statute
enacted subsequent to the execution of the will but which
was operative when the codicil was executed.
Article 837. If
- after making a will
- the testator makes a second will
- expressly revoking the first,
the revocation of the second will does not revive the first
will, which can be revived only by another will or codicil.

THEORY OF INSTANTER – the revocation of the 2nd will

does not revive the 1st will
Effects of the Revocation of the Second Will which
Revoked the First Will.
1. if the first will is revoked expressly by a second will,
and the latter was itself revoked, the first is not revived. It
could be revived only by the execution of another will or
codicil.

2. if the first will is revoked impliedly by the second will

and the latter was itself revoked, the first will is
automatically revived, so long as the first will had been
preserved, that is, uncancelled or undestroyed.
REPUBLICATION REVIVAL

- Is an act of the testator -Is one that takes place by operation of

law – it has been defined as the restoration
or reestablishment of revoked will or
revoked provisions thereof to
effectiveness by virtue of legal provisions

- Can apply to wills expressly and Can only apply to impliedly revoked wills
impliedly revoked