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    Succession

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    This document discusses the concept of revocation of wills under Philippine law. It covers the following key points: 1. A will is revocable at any time before the testator's death, and any restriction on this right is void. Revocation outside the Philippines follows the law of where the will was made or where the testator was domiciled. 2. A will can be revoked by implication of law, a subsequent will or writing, or burning, tearing, or destroying the will with intent to revoke. 3. The doctrine of dependent relative revocation holds that if a testator revokes a prior will due to making a new will, and the new will is invalid, the

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    Succession

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    This document discusses the concept of revocation of wills under Philippine law. It covers the following key points: 1. A will is revocable at any time before the testator's death, and any restriction on this right is void. Revocation outside the Philippines follows the law of where the will was made or where the testator was domiciled. 2. A will can be revoked by implication of law, a subsequent will or writing, or burning, tearing, or destroying the will with intent to revoke. 3. The doctrine of dependent relative revocation holds that if a testator revokes a prior will due to making a new will, and the new will is invalid, the

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    This document discusses the concept of revocation of wills under Philippine law. It covers the following key points: 1. A will is revocable at any time before the testator's death, and any restriction on this right is void. Revocation outside the Philippines follows the law of where the will was made or where the testator was domiciled. 2. A will can be revoked by implication of law, a subsequent will or writing, or burning, tearing, or destroying the will with intent to revoke. 3. The doctrine of dependent relative revocation holds that if a testator revokes a prior will due to making a new will, and the new will is invalid, the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views2 pages

    Succession

    Uploaded by

    kero keropi
    This document discusses the concept of revocation of wills under Philippine law. It covers the following key points: 1. A will is revocable at any time before the testator's death, and any restriction on this right is void. Revocation outside the Philippines follows the law of where the will was made or where the testator was domiciled. 2. A will can be revoked by implication of law, a subsequent will or writing, or burning, tearing, or destroying the will with intent to revoke. 3. The doctrine of dependent relative revocation holds that if a testator revokes a prior will due to making a new will, and the new will is invalid, the

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    of 2

    7. CONCEPT OF REVOCATION (I Jurado 272, citing Gardner on Wills, p.

    224)

    A. Revocability of wills (Art 828)


    Palacios vs Palacios, 106 Phil 739;
    Alsua-Betts vs CA, 92 SCRA 332

    Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is
    void. (737a)

    Revocability of a Will
    (a) Until the death of the testator, a will is ambulatory and revocable, since after all, the will concerns a disposition
    of properties and rights effective after death. (See 57 Am. Jur. Wills, Sec. 15).
    (b) The heirs do not acquire any vested right to the disposition in a will until after the testator’s death. (Ibid.).
    (c) Provisions in a will which are ordered to be effected immediately, even during the testator’s lifetime, are all right,
    provided the proper formalities and requisities are

    B. Laws Governing revocation (Art 829)

    Art. 829. A revocation done outside the Philippines, by a person who does not have his domicile 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.

    (a) For revocation OUTSIDE the Philippines.

    1) If not domiciled in the Philippines —


    a) follow law of place where will was MADE
    b) or follow law of place where testator was DOMICILED at the time.

    2) If domiciled in the Philippines (not provided for in the law) —


    a) follow law of the Philippines (since his domicile is here) —
    b) or follow the general rule of lex loci celebrationis of the REVOCATION. (Art. 17).

    (b) If revocation is IN the Philippines, follow Philippine law.

    C. Ways of revocation of wills

    C.1By implication of Law (830(1), 3 Tolentino 130)

    Art. 830. 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

    C.2 By Some will, codicil or other writing executed as provided in case of wills (830(2),
    Samson vs. Naval, 41 Phil 838;
    Molo vs Molo, 90 Phil 37)

    Art. 830. 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. (n)

    C3. By burning, tearing, canceling, or obliterating the will with the intention of revoking it, by the testator himself, or
    some other person in his presence, and by his express direction (Art 830 (3);
    perkes vs Perkes, Costigan, p312;
    Reed vs Harris, Costigan, p.308,
    1 jurado 275, citinf Rood on Willa, p. 289)

    D. Presumptions of Revocation –
    Gayo vs Mamuyac, 49 Phil 902

    FACTS: T made a will which was later discovered same to be missing. He then informed his relatives he would make
    another will. But he never did so. On his death, the missing will was found. Can it be considered revoked?

    NOTA BENE: The case would have been different had the testator ready access to his will, and never told anyone he
    had lost the same. In such a case we can presume that the will, having been last seen in the possession of the
    testator, has been destroyed intentionally, with intent to revoke, by the testator.

    E. Doctrine of dependent relative revocation –


     Where the act of destruction is connected with the making of another will as fairly to raise the inference that the
    testator meant the revocation of the old to depend upon the efficacy of the new disposition intended to be substituted,
    the revocation will be conditional and dependent upon the efficacy of the new disposition; and if, for any reason, the
    new will intended to be made as a substitute is inoperative, the revocation fails and the original will remains in full
    force.

     This is the doctrine of dependent relative revocation. The failure of the new testamentary disposition, upon whose
    validity the revocation depends, is equivalent to the non-fulfillment of a suspensive condition, and hence prevents the
    revocation of the original will. But a mere intent to make at some time a will in place of that destroyed will not render
    the destruction conditional. It must appear that the revocation is dependent upon the valid execution of a new will.
    [Molo v. Molo]
    Vda. De Molo vs Molo, 90 Phil 37- the revocation by destruction or overt act was good only if this condition is fulfilled,
    namely, that the revoking will was valid. The condition was not fulfilled; therefore, the revocation by overt act did not
    really materialize.

    Ex: Testator made will No. (1). After one week, he wanted to revoke same, so he executed will No. (2), expressly
    revoking will No. (1). In the belief that he had already accomplished what he wanted, he then tore into two pieces
    will No. (1). On his death, it was discovered that will No. (2) had not been validly executed.

    Question: Can we consider will No. (1) as having been revoked, or should it still be given effect?

    ANS.: In one case, if was held that while it is true that revocation was not produced by the execution of an invalid will,
    revocation was made thru an overt act — the act of tearing or destruction — with animo revocandi. Hence, the court
    concluded that will No. (1) had indeed been revoked. (Diaz v. De Leon, 43 Phil. 413). However, in a subsequent
    case, it was ruled that there was no revocation either by subsequent will (for same was invalid) or an overt act (since
    the act of destruction or tearing the fi rst will was prompted by the false belief that the second will had been validly
    executed). (See Art. 833, which provides that a revocation of a will based on a false cause or illegal cause is null and
    void). To put it in another way, the doctrine of dependent relative revocation — the revocation by destruction or
    overt act was good only if this condition is fulfi lled, namely, that the revoking will was valid. The condition
    was not fulfi lled; therefore, the revocation by overt act did not really materialize. (De Molo v. Molo, et al., L-
    2538, Sep. 21, 1951, citing 68 CJ 799, Gardner, pp. 232-233; 1 Alexander, p. 751).

    PROVISIONS

    SUBSECTION 6. - Revocation of Wills and Testamentary Dispositions

    Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is
    void. (737a)
    Art. 829. A revocation done outside the Philippines, by a person who does not have his domicile 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. (n)

    Art. 830. 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. (n)

    Art. 831. Subsequent wills which do not revoke the previous ones in an express manner, annul only such dispositions
    in the prior wills as are inconsistent with or contrary to those contained in the latter wills. (n)
    Art. 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. (740a)

    Art. 833. A revocation of a will based on a false cause or an illegal cause is null and void. (n)

    Art. 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was
    made should be revoked. (714)

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