CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 1. Testamentary Succession > e. Codicils and Doctrine of Incorporation by Reference

1. Codicils

Definition

A codicil is a testamentary document that supplements, modifies, or explains an already existing will. It must comply with the formalities prescribed by law for a will to be valid under Philippine law.

Characteristics

Independent Document: A codicil is distinct from a will, but it is meant to augment or amend the will.
Testamentary Intent: The codicil must clearly indicate the testator's intent to dispose of property or modify the will.
Formalities: The execution of a codicil must conform to the same formalities as the will it modifies, whether notarial or holographic:
- If notarial, the codicil must be executed in the presence of at least three credible witnesses, and the document must be notarized.
- If holographic, the codicil must be entirely written, dated, and signed by the hand of the testator.

Functions of Codicils

Amendment: Altering provisions of the will, such as the designation of heirs or legacies.
Explanation: Clarifying ambiguous provisions in the original will.
Supplementation: Adding provisions that were not included in the original will.
Revocation: A codicil may revoke specific provisions of the will without revoking the entire document.

Revocation of Codicils

A codicil can be revoked by:
- A subsequent codicil or will explicitly revoking it.
- Physical destruction with the intent to revoke.
- An express or implied act that revokes the will to which the codicil is attached, unless the codicil can stand independently.

Legal Effects

A valid codicil is considered an integral part of the testamentary succession plan.
Its provisions are read and interpreted together with the original will to determine the testator’s intent.

2. Doctrine of Incorporation by Reference

Definition

The Doctrine of Incorporation by Reference allows a testator to integrate into a will certain external documents by referring to them, provided specific legal requirements are met.

Legal Basis

This doctrine is recognized under Philippine succession law and jurisprudence, particularly in situations where external documents are meant to form part of the testamentary disposition.

Requirements

For an external document to be incorporated into a will by reference, the following conditions must be met:

Existence of the Document at the Time of Execution: The document must already exist when the will is executed.
Clear Identification: The will must clearly identify the document to avoid any ambiguity. The reference must be so specific that there is no reasonable doubt as to the document's identity.
Compliance with Formalities: If the document itself disposes of property or serves testamentary purposes, it must also comply with the formalities of a will.
Intent of Incorporation: The will must manifest the testator’s clear intention to incorporate the external document.

Applications

Inventory Lists: Incorporation by reference is often applied to inventories of personal property, lists of beneficiaries, or other related documents.
Separate Writing for Personal Property: A testator may refer to a separate writing detailing the disposition of specific personal effects, provided the document preexists the will and is properly identified.

Limitations

The doctrine cannot be used to circumvent the formal requirements of wills. For instance, if the document referred to is in itself a testamentary disposition, it must comply with the legal requisites for wills under the Civil Code.
The document must not conflict with the mandatory provisions of law (e.g., legitime of compulsory heirs).

Revocation or Modification

Revocation or modification of the incorporated document is possible only if it does not affect the validity of the will itself, unless explicitly or impliedly revoked by the will or by subsequent acts of the testator.

3. Key Jurisprudence

Philippine case law has affirmed the validity of codicils and the doctrine of incorporation by reference, emphasizing that the testator's intent is paramount and must be upheld as long as the requirements are met.
Courts consistently ensure that the formalities for wills and codicils are strictly complied with to prevent fraud and undue influence.

4. Practical Considerations

Drafting Tips:
- Always draft codicils with precision and clarity, avoiding any contradictions with the original will.
- Clearly identify any document to be incorporated by reference to minimize disputes during probate.
Probate:
- Submit both the will and any codicil for probate to validate their authenticity.
- Present external documents referenced in the will, ensuring they meet the requirements for incorporation by reference.

By understanding the functions and interplay of codicils and the Doctrine of Incorporation by Reference, practitioners can effectively draft and litigate wills that fulfill the testator's wishes while complying with the law.