Republication and Revival of Wills

REPUBLICATION- is the act of the testator of re-establishing

a will which has become useless because it was void as to
form (like there were only two attesting witnesses or there
was no attestation clause) OR which had been revoked (Art.
835)
EXPRESS REPUBLICATION if the testator
reproduces in a subsequent will, the dispositions
contained in a previous will, which is void as to its
form.
Art. 835. The testator cannot republish without
reproducing
in
a
subsequent
will,
the
dispositions contained in a previous one, which
is VOID as to its form.
CONSTRUCTIVE REPUBLICATIONif the testator for
some reason or another executes a codicil in his will
Art. 836. The exaction of
Modes of Republication:
(a) Re-execution of the original will (copying the original
provisions thereof);
(b) Execution of a codicil referring to a previous will (also
known as implied republication) (Art. 836, NCC)
Requisites and limitations of republication:
(a) If a will is void as to form (like if there were only two
attesting witnesses or there was no attestation clause)
the NEW will must reproduce OR copy all the
provisions of the first will.
(i)

But the effect of the will is the date of

execution of the new will, NOT OF THE
OLD WILL.

E.g. If I gave all my cars to A in my first will

which turned out void as to form, and I copied
all its provisions in a second will, and I had only
3 cars when I executed the first will and 8 cars

when I executed the second will, my heir A will

get 8 cars, not 3 cars.
(b) If a will is void as to form, it cannot be republished by
mere reference in a codicil. There must be a new will
or codicil reproducing all the provisions of the first void
will.
But if the first will was valid but had later been
revoked, a codicil merely referring to the
revoked will revives said void will. There is no
need to reproduce the provisions of the revoked
will. The will is, however, effective as of the date
of the codicil.
(c) If a will is void due to fraud or undue influence, the
execution of a codicil referring to the previous void will
is sufficient republication. There is no need to
reproduce its provisions. (Art. 836)
(d) 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 (here, mere
reference is enough: there is no necessity of
reproducing all the previous dispositions. Of course, in
this case there would be nothing wrong with a REEXECUTION)
Example: the case of In Re Engkes Estate
T made a will in Feb. 1921, which he revoked later in
Aug. 1921. In June 1925, he made a codicil to the will
of Feb. 1921 (not Aug), describing the will, giving its
date, with a formal statement that he was declaring it
to be his last will and testament. The codicil merely
referred to the will, without reproducing the same. Is
there sufficient republication?
HELD: Yes, and therefore, the will of Feb 1921 should
be given effect. There was no necessity here of
reproducing.
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.
REVIVAL- is the restoration of validity to a previously
revoked will by operation of law.
Rules on Revival:
(a) If the second will expressly revoked the first will,
revocation of the second will does not revive the first
will.

(b) If the second will only impliedly revoked the first will
(like having inconsistent provisions), revocation of the
second will revives the first will.
(c) If the second will revoking the first will is invalid, the
first will is still effective because the revocation is
VOID.
Another case of Revival: (Art. 855)
While the Preterition of a compulsory heir annuls the
institution of heirs, still, if the omitted heir dies ahead of the
testator, the institution of heirs is revived, without prejudice
to the right of representation.