CODICIL AND INCORPORATION BY REFERENCE

Art. 825

Art. 826

Art. 827

REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS

Art. 828
Art. 829

Art. 830
Art. 831

Art. 832

Art. 833

Art. 834
REPUBLICATION AND REVIVAL OF WILLS

Art. 835

Art. 836

Art. 837

ALLOWANCE AND DISALLOWANCE OF WILLS (PROBATE)

Art. 838
Art. 839

INSTITUTION OF HEIR

Art. 840
CIL AND INCORPORATION BY REFERENCE

It is supplement or addtion to a will.

Codicil cannot be made before a will, it is ALWAYS made after.
It is annexed to the will and shall be taken as a part of it, by which any disposition made in the original will
is explaned, added to, or altered.
In case of conflict between a will and a codicil - CODICIL prevails - it being the latter expression of the
testator's wishes
Formalities of Codicils
a. notarial or ordinary codicils
b. holographic codicils
If a codicil is not executed with the formalities of a will, said codicil is VOID.
A valid will can never be reevoke, expressly or impliedly, by an invalid codicil.
Incorporation by reference

Purpose of the article is to provide for those cases when a testator wishes to incorporate to his will only by
reference certain documents or paper, especially inventories and books of accounts.
This is for the testator to save time and energy.
Such documents or inventories, when referred…do not need any attestation clause, because the
attestation clause of the will itself is sufficient.
Requisites for Validity of Documents Incorporated by Reference
a. document or paper referred to in the will must be in existence at the time of the execution of the
execution of the will
b. the will must CLEARLY describe and identify 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
> because Art. 827 (4) speaks of WITNESSES indicating it is notarial
a. XPN : if holographic will happen to have at least 3 credible and qualified winesses, there can be a proper
incorporation by reference

b. XPN: If 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 reference.

OCATION OF WILLS AND TESTAMENTARY DISPOSITIONS

Will is ambulatory and revocable until the death of the testator. *can be altered

The heirs do not acquire any vested right to the disposition in a will until after the testator's death.

XPN: 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 requisites are present, but they are NOT REALLY
TESTAMENTARY DISPOSITION
For revocation OUTSIDE the Philippines
1. If NOT DOMICILED in the Philippines
a. follow law of place where will has been made
b. or follow law of place where testator was DOMICILED at the time
2. If DOMICILED in the Philippines
a. follow law of Phil
b. or follow the general rule of lexi loci celebreationis or the REVOCATION *law of the land
If revocation is IN the Phil, follow Phil law.
Local or Domestic Weays of Revocation
Three ways of revocation:
1. by implication or operation of law
2. by virtue of an overt act ex. burning, tearning, cancelling, or obliterating totally or partially in some
instances
3. by virtue of a revoking will or codicil

Revocation by implication of law

>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
Reason: there may be certain changes in the family or domestic relations or in the status of his property,
such that the law presumes a change of mind on the part of the testator

Revocation by an Overt Act

Requisites
>There must be an overt act specified by the law
>There must be a completion at least of the subjective phase of the overt act
> there must be animus revocandi *intent to revoke
> the testator at the time of revoking must have capacity to make a will
> the revocation must be done by the testator himself, or by some other person in his presence and by his
express direction

BURNING *there has to be an overt act + intent to revoke

> sufficient even if small part of instrument itself be burned even though the entire writing is left
untoached
TEARING
> even a slight tear is sufficient
> BUT…the greater the degree of tearing the greater is the evidence of animo revocandi

> tearing into three pieces is sufficient…when all other requisites are present…as a mattter of fact tering
into two is enouggh..as long as the subjective phase is passed, that is, as long as the testator considers the
will already revoked
> tearing includes cutting…a clause may be revoked by cutting same from the will
NOTE: mere crumpling or the removal of fastener binding the pages of a will, DOES NOT constitute a
revocation, even though there be animo revocandi
but in the case of Roxas v. Roxas, the court impliedly allowed "crumpling" as one of the overt acts, provided
there is animo revocandi
OBLITERATING or CANCELLING
Obliteration - renders the word illegible
Cancellation - is the drawing of lines across a text, but the words remain legible
Both revokes a will, totally or partially.

If all parts are cancelled or obliterated, or if the soignature is cancelled or obliterated, the whole will is
revoked, the reason in the case of the signature being that the act strikes at the existence of the whole
instrument.
NOTE: Cancellation of signature of witnesses to a holographic will leaves the will valid, since no witnesses
required in HW
Cancellation or obliteration of non-vital part leaves the other parts in force.
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

> revocation may be expressed or implied
>a will may be revoked by a subsequent will or codicil, either notarial or holographic
> it is essential that the revoking will be itself a valid will otherwise there is no revocation
> the revocation made in the subsequent will must be indeed be a definite one
> a mere declaration that sometime in the future, the first would be revoked, is not enough.
> there is nothing wrong in making revocation conditional, that is, the revocation takes place id the
condition is fulfilled (doctrine of conditional revocation or dependent relative revocation

Probate of Lost or Destroyed Notarial Wills

If notarialnwill has been lost or destroyed without intet to revoke, its contents may nevertheless still be
proved by:
a. oral or parol evidence
b. carbon copies * it is as good as the original copy
NOTE:
HW which have been lost or destroyed without intent to revoke, CANNOT be probated.
Implied revocation thru wills
Partial - if there is inconsistency only in certain provisions

the law does not favor revocation by implication, and therefore efforts to reconcile must be made
Effect on Revocation if New Will is Inoperative
INVALID REVOKING WILL - cannot revoke
VALID THOUGH INEFFECTIVE WILL- can revoke
>if the revoking will is both invalid and ineffective, it is clear that there can be no revocation
Revocation Based on False or Illegal Cause
Revocation of a will based on a false or illegal cause is NULL and VOID
> the fact that the cause for the revocation was a false belief or a mistake must be found on the face of the
will or codicil itself, if the revocation is through a will or a codicil
Art 278 Voluntay recognition of an illegitimate child may be done:
a. in a record of birth
b. will
c. statement before a court of record
d. any authentic writing
 Reason: Recognition is irrevocable unless there is vitiated consent.
Moreover:
1. recognition is not really a testamentary disposition;
2. recognition does not wait for the testator's death to become effective

UBLICATION AND REVIVAL OF WILLS

Republication - process of re-establishing a will, which has become useless because it was void, or had been
revoked.
It is made by:
a. re-execution of the original will (the original provisions are COPIED)
b. execution of a codicil - implied republication
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
A void will or a revoked one is a nullity, devoid of any effect, and is useless. And the onlys ways of giving
effect to it are:
a. republication
b. revival
Distinction
> republication is an act of the TESTATOR
> revival is one that takes place by operation of law
RVV- defined as the restoration or reestablishment of revoked will or revoked provisions thereof, to
effectiveness, by virtue of legal provisions
WANCE AND DISALLOWANCE OF WILLS (PROBATE)

Probate - the act of proving before a competent court the due execution of a will by a person possessed of
testamentary capacity, as well as a approval thereof by said court.
Two Kinds of Probate
a. Probate during the testator's lifetime
b. Probate after testator's death
NEED FOR PROBATE

Essential - No will shall pass either real or personal property unless it is proved and allowed in accordance
with the Rules of Court. Even if only ome heir has been instituted, there must still be the judicial order of
adjudication.
In probate proceedinngs, the court:
1. orders the probate proper of the will
 2. grants letters testamentary or letters with a will annexed
3. hears and approves claims against the estate
4. orders the payment of the lawful debts
5. authorizes the sale, mortgage, or any other encumbrance of real estate
6. and directs the delivery of the estate or properties to those who are entitles thereto

TUTION OF HEIR