Revocation of Wills and Testamentary Dispositions: Modes

Revocation is the act by which the testator cancels or annuls a will or testamentary disposition, rendering it null and void. Under Philippine law, specifically the Civil Code of the Philippines, revocation is a crucial aspect of testamentary succession as it allows the testator to adapt their will to changing circumstances. Below is a detailed exposition on the modes of revocation:

I. Legal Basis

The revocation of wills and testamentary dispositions is governed by the following key provisions of the Civil Code of the Philippines:

Article 828: "A will may be revoked by the testator at any time before his death."
Articles 830–832: Enumerate the various modes of revocation and the conditions under which each mode is valid.

II. Modes of Revocation

The Civil Code provides for three primary modes of revoking a will or testamentary disposition:

1. By Subsequent Will or Codicil

A testator can revoke an existing will by executing a new will or codicil, expressly or impliedly:
- Express Revocation:
  - The new will or codicil contains a provision explicitly revoking the previous will.
  - Example: “I hereby revoke my will executed on January 1, 2020.”
- Implied Revocation:
  - The new will contains dispositions that are irreconcilably inconsistent with those in the previous will, implying the intention to revoke.
  - Example: A second will bequeaths property to a different heir than the first will.
Rules:
- The new will or codicil must comply with the formalities required by law for validity.
- The revocation is effective only if the new testamentary instrument is valid.

2. By Physical Act

A will may be revoked by the testator through specific acts of destruction or cancellation, signifying their intention to revoke:
- Burning
- Tearing
- Obliterating
- Cancelling
Requirements:
- The act must be performed by the testator, or by another person in the testator’s presence and at their express direction.
- The intention to revoke must accompany the physical act (animus revocandi).
Key Considerations:
- Partial destruction of the will does not necessarily revoke the entire will unless it is clear that such was the intention.
- Accidental destruction of a will does not constitute revocation.

3. By Operation of Law

Certain events automatically revoke a will or specific dispositions without any action by the testator:
- Marriage of the Testator:
  - A will executed before the marriage of the testator is generally revoked by operation of law unless:
    - The testator has made provisions for the new spouse in contemplation of marriage, or
    - The will states explicitly that it will remain valid despite the marriage.
- Subsequent Birth of Children:
  - A will may be revoked if a child is born after its execution, especially if the child is not provided for in the will.
- Change in Circumstances:
  - This applies in limited cases where changes invalidate the will under specific statutory provisions.

III. Partial Revocation

A testator may revoke only specific portions of a will without invalidating the entire document.
Modes for partial revocation:
- By physical act targeting specific sections.
- By subsequent testamentary instrument altering particular dispositions.

IV. Revival of a Revoked Will

General Rule:
- Once a will is revoked, it cannot be revived unless re-executed or republished with the proper formalities.
Exception:
- If a subsequent will revoking an earlier will is itself revoked, the earlier will is not automatically revived unless the testator’s intent to revive is clear.

V. Effects of Revocation

If the Revocation is Total:
- The testator dies intestate unless another valid will exists.
If the Revocation is Partial:
- Only the revoked portions are invalid; the remainder of the will remains effective.

VI. Animus Revocandi

The intent to revoke is a critical element in all modes of revocation.
Lack of such intent renders the revocation invalid, even if a physical act of destruction or a subsequent will exists.

VII. Proving Revocation

The burden of proof lies with the party asserting revocation.
Evidence may include:
- Testimony regarding the testator’s intent.
- Presentation of the destroyed or altered will.
- Validity and existence of a subsequent will.

VIII. Exceptions to Revocation

Legal or Pretermission Protections:
- Even if a will is revoked, statutory protections for compulsory heirs under Articles 887 and 904 of the Civil Code apply, ensuring they receive their legitime.

Conclusion

Revocation of wills and testamentary dispositions ensures flexibility in testamentary succession, allowing the testator to reflect evolving personal and familial circumstances. The process, however, is heavily regulated to prevent fraud and ensure adherence to the testator’s true intent. Legal practitioners must meticulously evaluate each case to safeguard the validity of the revocation and the enforceability of the testamentary wishes.