Instances When a Legacy or Devise is Deemed Revoked (Philippine Law on Wills and Succession)

Under Philippine law, particularly the Civil Code of the Philippines, a legacy or devise in a testamentary succession may be revoked in specific circumstances. These rules aim to ensure that the true intent of the testator is respected while addressing subsequent changes in circumstances that might render the legacy or devise invalid.

Here is a comprehensive breakdown of instances when a legacy or devise is deemed revoked:

1. Express Revocation by the Testator

Article 828: A testator may expressly revoke a legacy or devise in their will or by a subsequent valid will, codicil, or other writing executed with the same formalities required for a will.
Example: The testator, after bequeathing a property in an earlier will, later executes a new will or codicil explicitly stating that the earlier legacy or devise is revoked.

2. Implied Revocation by Incompatibility

Article 829: A legacy or devise is revoked if there is an irreconcilable inconsistency between it and a subsequent testamentary disposition or legal act of the testator.
Example: A later provision in the will gives the same property to another person or disposes of it in a manner inconsistent with the earlier legacy or devise.

3. Alienation or Loss of the Subject Property

Article 930: If the specific property subject of the legacy or devise is alienated (sold, donated, or otherwise transferred) by the testator during their lifetime, the legacy or devise is revoked.
Article 931: If the specific property is lost or destroyed, and it was not the testator’s fault, the legacy or devise is deemed revoked. However, if the testator receives insurance proceeds or a substitute property for it, the legacy or devise may still apply to the substitute or proceeds unless explicitly revoked.

4. Substantial Change in the Subject Matter

Article 933: If the property subject to a legacy or devise undergoes substantial change in form or nature, it may be revoked. This revocation applies if the property has been transformed into something entirely different and no longer corresponds to the description in the will.
Example: A house left in a legacy is demolished and replaced with a commercial building by the testator.

5. Ademption by Extinction

Ademption by extinction occurs when the specific property subject of the legacy or devise ceases to exist as part of the estate at the time of the testator's death.
This is a natural consequence of Article 930 and Article 931.
Example: A car bequeathed in a will is sold or given away before the testator's death. The legacy is deemed revoked.

6. Ademption by Satisfaction

Article 934: A legacy or devise is deemed revoked if the testator delivers the property to the legatee or devisee during their lifetime as an advance on the testamentary disposition.
Example: The testator gifts the house mentioned in the will to the beneficiary before their death, with the clear intention that this fulfills the testamentary legacy.

7. Disinheritance of the Legatee or Devisee

Article 919: A legacy or devise is deemed revoked if the legatee or devisee is legally disinherited in a valid will or codicil.
Disinheritance requires compliance with formalities and must be based on valid grounds specified by law (e.g., unworthiness).

8. Unworthiness of the Legatee or Devisee

Article 1032: A legacy or devise is deemed revoked if the legatee or devisee is declared unworthy to inherit due to legal grounds (e.g., committing acts against the testator, like violence, fraud, or dishonor).

9. Subsequent Birth, Adoption, or Acknowledgment of Heirs

Article 854: If a child is born, adopted, or acknowledged by the testator after the execution of the will, a legacy or devise may be impliedly revoked if it affects the legitime of compulsory heirs.
Example: A specific devise of property to a friend might be revoked if a newly born or acknowledged child reduces the estate’s free portion.

10. Predecease, Renunciation, or Incapacity of the Legatee or Devisee

Article 960: If the legatee or devisee predeceases the testator, renounces the legacy, or is otherwise incapable of receiving it (e.g., by legal incapacity or unworthiness), the legacy or devise is revoked unless there is a substitute or accretion applies.
Accretion (Articles 1015-1017): If substitution or accretion does not apply, the property becomes part of the free portion of the estate.

11. Failure of Condition or Purpose

Article 882: If a condition attached to a legacy or devise is not fulfilled or becomes impossible to fulfill, the legacy or devise is deemed revoked.
Example: A house is left to a beneficiary on the condition that they complete a degree within five years. If the condition is unmet, the legacy fails.

12. Repudiation by the Legatee or Devisee

Article 960: If the legatee or devisee formally renounces the legacy or devise, it is deemed revoked and returns to the estate unless otherwise provided.

13. Judicial Nullification of the Testamentary Disposition

A legacy or devise may be revoked if it is declared void or invalid by the court due to fraud, undue influence, or lack of capacity in executing the will.
Article 839: Nullity of a will invalidates all dispositions within it, including legacies and devises.

Summary

The revocation of legacies and devises can arise from the testator’s direct acts, subsequent events affecting the subject property, or legal grounds disqualifying the beneficiary. These rules, codified in the Civil Code of the Philippines, prioritize the testator’s intent while ensuring fairness and compliance with law. Each case should be carefully examined to determine whether revocation applies.