You are on page 1of 4

So, Stephanie M.

Succession June 30, 2017

Art. 825. A codicil is a supplement or addition to a will, made after the execution of a will and
annexed to be taken as a part thereof, by which any disposition made in the original will is
explained, added to, or altered.
Time When Codicil is Made
A codicil, since it refers to a will, cannot be made before a will; it is always made after. In case of conflict
between a will and a codicil, it is understood that the latter should prevail, it being the later expression of
the testators wishes.

Art. 826. In order that a codicil may be effective, it shall be executed as in the case of a will.
Formalities of Codicils
As in the case of wills, there can be:
(a) notarial or ordinary codicils
(b) holographic codicils

Art. 827. If a will, executed as required by this Code, incorporates into itself by reference any
document or paper, such document or paper shall not be considered a part of the will unless the
following requisites are present:
(1) The document or paper referred to in the will must be in existence at the time of the execution of
the will;
(2) The will must clearly describe and identify the same, stating among other things the number of
pages thereof;
(3) It must be identified by clear and satisfactory proof as the document or paper referred to
therein; and
(4) It must be signed by the testator and the witnesses on each and every page, except in case of
voluminous books of account or inventories.
The purpose of the Article is to provide for those cases when a testator wishes to incorporate to his
will only by reference
Requisites for Validity of Documents Incorporated by Reference
(a) The document or paper referred to in the will must be in existence at the time of the execution of
the will.
(b) The will must clearly describe and identify (locations, general appearance) the same, stating
among other things, the number of pages thereof.
(c) It must be identified by clear and satisfactory proof as the document or paper referred to therein.
(d) It must be signed by the testator and the witnesses on each and every page, except in case of
voluminous books of account or inventories.
Incorporation Can Generally be Done Only in Notarial Wills
From the fact that Art. 827(4) speaks of witnesses, it is reasonable to believe that as a rule, only notarial
wills can have this incorporation by reference. However, it is submitted that:
(a) If a holographic will happen to have at least three credible and qualified witnesses, there can be a
proper incorporation by reference
(b) Moreover, if a holographic will (with NO witnesses) refers to a document entirely written, dated,
and signed in the handwriting of the testator, there can also be a proper incorporation by

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.
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.
(b) The heirs do not acquire any vested right to the disposition in a will until after the testators death.
(c) Provisions in a will which are ordered to be effected immediately, even during the testators
lifetime, are all right, provided the proper formalities and requisities are present, but they are not
really testamentary disposition.

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.
Conflicts Rules for Revocation of Wills
(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.
(b) If revocation is IN the Philippines, follow Philippine law.

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.
Revocation by Implication of Law
Meaning the kind of revocation produced by OPERATION of LAW when certain acts or events take
place after a will has been made, rendering void or useless either the whole will or certain testamentary
dispositions therein.
Revocation by an Overt Act
(a) Requisites:
1) There must be an overt act specified by the law.
2) There must be a completion at least of the subjective phase of the overt act.
3) There must be animus revocandi or intent to revoke.
4) The testator at the time of revoking must have capacity to make a will.
5) The revocation must be done by the testator himself, or by some other person in his
presence and by his express direction.
(b) The overt act of BURNING
(c) The overt act of TEARING
(d) The overt act of OBLITERATING or CANCELLING
(e) If a will is mutilated by error, there being no animo revocandi, there is no revocation.
Revocation by the Execution of Another Will or Codicil
(a) Revocation in this manner may be express or implied.
(b) A will may be revoked by a subsequent will or codicil, either notarial or holographic.
(c) The revocation made in the subsequent will must indeed be a definite one. A mere declaration
that sometime in the future, the first would be revoked, is not enough. However, there is nothing
wrong in making the revocation conditional, that is, the revocation takes place only if the
condition is fulfilled (doctrine of conditional revocation, also called dependent relative
Probate of Lost or Destroyed Notarial Wills
If a notarial will has been lost or destroyed without intent to revoke, its contents may nevertheless still be
proved by:
(a) oral or parol evidence
(b) carbon copies

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
later wills.
This Article speaks of implied revocation, and this may be total or partial. The law does not favor
revocation by implication, and therefore efforts to reconcile must be made.

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.
There is a difference between an invalid will, and a valid but ineffective will.

Art. 833. A revocation of a will based on a false cause or an illegal cause is null and void.
Article 833 is one of the aspects of dependent relative revocation, or more properly, at least for the
purpose of this Article, a revocation made under a mistake.

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.
Effect of Revocation on the Recognition of an Illegitimate Child
(a) According to Art. 278, voluntary recognition of an illegitimate child may be done:
(1) in a record of birth
(2) will
(3) statement before a court of record
(4) any authentic writing
(b) Reason for Art. 834: While a will is essentially revocable, recognition is irrevocable (unless there
be vitiated consent).

Art. 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.
Republication may be made by:
(a) re-execution of the original will
(b) execution of a codicil (also known as implied republication).

Art. 836. The execution of a codicil referring to a previous will has the effect of republishing the will
as modified by the codicil.
Requisites and Limitations of Republication
(a) To republish a will void as to its FORM, all the dispositions must be reproduced or copied in the
new or subsequent will.
(b) To republish a will valid as to its form but already revoked, the execution of a codicil which
makes reference to the revoked will is sufficient
Effects of Republication by Virtue of a Codicil
(a) The codicil revives the previous will.
(b) The old will is republished as of the date of the codicil makes it speak, as it were, from the
new and later date.
(c) 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. (57 Am. Jur., Wills, Sec. 626).

Art. 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.
As has already been intimated, a void will or a revoked one is a nullity, devoid of any effect, and is
useless. And the only ways of giving effect to it are:
(a) republication (this includes both re-execution and reference by a codicil already discussed)
(b) revival
Distinctions Between Republication and Revival
(a) Republication is an act of the TESTATOR.
(b) Revival is one that takes place by OPERATION of LAW.

Art. 838. No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court.
The testator himself may, during his lifetime, petition the court having jurisdiction for the
allowance of his will. In such case, the pertinent provisions of the Rules of Court for the allowance
of wills after the testators death shall govern.
The Supreme Court shall formulate such additional Rules of Court as may be necessary for the
allowance of wills on petition of the testator.
Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or
after his death, shall be conclusive as to its due execution.
Two Kinds of Probate
(a) Probate during the testators lifetime.
(b) Probate after the testators death.
Procedure and Reason for Ante Mortem Probate
(a) Testator himself petitions the competent court for the probate of his will.
(b) He then follows the procedure for the post mortem of ordinary probate, except insofar as the
Supreme Court may impose additional rules for ante mortem probates (Art. 838, par. 2 and 3).
(c) Reason for allowing this kind of probate to prevent or minimize fraud, intimidation, and undue
influence; also to enable the testator to correct at once failure to observe legal requirements.

Art. 839. The will shall be disallowed in any of the following cases:
(1) If the formalities required by law have not been complied with;
(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its
(3) If it was executed through force or under duress, or the influence of fear, or threats;
(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary
or of some other person;
(5) If the signature of the testator was procured by fraud;
(6) If the testator acted by mistake or did not intend that the instrument he signed should be his will
at the time of affixing his signature thereto.
The grounds given in Art. 839 are exclusive, thus, no other ground can serve to disallow a will. These
grounds connote the idea of coercion, mental or physical. While their presence in a contract renders it
voidable, their presence in a will renders the will VOID.
Distinctions Between Revocation and Disallowance or Nullity
Revocation is a voluntary act of the testator, while disallowance is given by judicial order. Revocation is
with or without cause; disallowance must always be for a legal cause