Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Aside from the knowledge if a will can be revoked , you may also read: MAY AN EXECUTED WILL BE SUPPLEMENTED?
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A testator has the right to revoke his will
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A right to revoke a will cannot be waived
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A will may be revoked by burning, tearing, cancelling, or obliterating its contents
There are instances when a testator has executed a will and eventually wanted to supplement the same. When a testator wants to supplement or add dispositions to his will, he may do so by executing a codicil (please click here). There are also instances where a testator, due to some circumstances, wants to revoke his will. Is the testator allowed to revoke his will?
New Civil Code says:
Yes.
Article 828 states that: “A will may be revoked by the testator any time before his death. Any waiver or restriction of this right is void.”
Based on the foregoing, it is not possible for a testator to enter into any contract and agree to a provision of the contract waiving the right to revoke his will. What if the testator has already signed the contract with a provision restricting or waiving the right to revoke his will? The law is clear. The provision waiving the right to revoke his will is void. Thus, it produces NO legal effect.
What are the cases where a will may be revoked? According to the law, a will may be revoked in the following cases:
- By implication of law; or
- By some will, codicil, or other writing executed as provided in the case of wills; or
- By burning, tearing, cancelling, or obliterating the will with the intention of revoking it.
Number (3) above may be done by the testator himself or by some other person. However, when the burning, tearing, cancelling, or obliterating the will was done by some other person, it must with the presence AND express direction of the testator.
When it was done in the presence of the testator but without his express direction, the will may still be established as it is not considered as revoked under the law. When it was done with the express direction of the testator but in his absence, the will may still be established like in the first case. The wills in both situations is existing and not revoked.
In other words, the burning, tearing, cancelling, or obliterating the will by some other person must be done in the presence of the testator AND by his express direction.
Is there an instance where there are more than one valid will?
New Civil Code says:
Yes.
Article 831 states that: “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.”
It can be gleaned from the preceding paragraph that there can be two or more wills by one testator. Should the testator wish to revoke his prior will, his subsequent will must contain terms or clauses expressly revoking the former. Otherwise, there would be two (2) valid wills by the testator.
In effect, if there are inconsistencies between or among the wills, the terms or clauses contained in the prior will are considered annulled by the subsequent will.
What may happen to the will after the death of the testator? The will may be allowed or disallowed depending on the circumstances. What is allowance and disallowance of wills? An article regarding the answer to the query will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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