ART.
828 REVOCABILITY OF A WILL testament
- a will may be revoked by the testator at any time before his death.
- any waiver or restriction of this right is void
- until the death of the testator, a will is ambulatory and revocable
since will concerns a disposition of properties and rights effective after
death
- the heirs do not acquire any vested right to the disposition in a will
until after the testators death
- provisions in a will that are ordered to be effective immediately are all
right provided that the proper formalities are complied with.
ART. 829 CONFLICTS RULES FOR REVOCATION OF WILLS
- For revocation outside of the Philippines
1. If not domiciled in the Philippines
A. Follow the will of the place where the will was made
B. Or follow the law of the place where testator was domiciled at the
time
2. If domiciled in the Philippines
A. Follow the law of the Philippines
B. Or follow the general rule of lex loci celebrationis
- if the revocation is in the Philippines, follow Philippine law
ART. 830 REVOCATION IN 3 WAYS
1. By implication or operation of law (totally or partially)
2. By virtue of an overt act such as burning, tearing, cancelling, or
obliterating (by the testator himself or by some other person in his
presenceand by his express direction)
3. By virtue of revoking a will or codicil (exeecuted as in the case of a
wil) (totally or partially; expressly or impliedly)
REVOCATION BY IMPLICATION
- there must be events or acts that took place after the making of the
will which rendered the said will void or useless, either the whole will
or certain testamentary dispositions therein
- only total revocation of the will prevent the probate of the revoked
- Reason for allowing revocation: changes in the family or domestic
relations or in the status of property
- instances of revocation by implication: SLUCC
1. Sell
2. Legal separation
3. Act of unworthiness
4. Credit given as legacy
5. Compulsory heir preterited or omitted
REVOCATION BY OVERT ACT - OCACD
1. Overt act
2. Completion of the subjective phase
3. Animus revocandi
4. Capacity to make a will
5. Done by the testator or some other person
DOCTIRINE OF DEPENDENT RELATIVE REVOCATION
- the revocation of a will by destruction or overt as is valid only if the
revoking will is valid
PROBATE OF LOST OR DESTROYED NOTARIALWILLS
- if the will was lost or destroyed without intent to revoked, it may be
proved through:
1, oral or parole evidence
2. Carbon copies
Art. 836 REQUISITES AND LIMITATIONS OF REPUBLICATION
1. To republish a will void
2. To republish a will valid but already revoked
EFFECTS OF REPUBLICATION BY VIRTUE OF A CODICIL
1. The codicil revives the previous will
2. The old will is republished as of the date of the codicil.
3. The will republished by the codicil is governed by the statute
enacted subsequent to the execution of the will but which was
operative when the codicil was operative.
 4. Authentication
Art. 837 REPUBLICATION AND REVIVAL
- revoked will is already null and void. PROCEDURE OF THE ANTE MORTEM PROBATE
- REMEDIES ARE THE FF: 1. The testator shall petition the court for the probate of his will
1. Republication - re-execution and reference by a codicil 2. He then follows the procedure for the post mortem of the ordinary
- is an act of the testator probate, except that the SC may promulgate additional rules for ante
2. Revival - is by operation of the law mortem probate
- restoration or reestablishment of a will or provision of a will to 3. Reason: to prevent or minimize fraud, intimidation, or undue
effectiveness by virtue of a legal provision. influence; and for the testator to correct his failure to observe with the
legal req.
ART. 838
PROBATE DEFINED 2 parts of post-mortem procedure:
- is an act of proving before a competent court the due execution of a 1. Probate property
will by a person possessed of testamentary capacity as well as 2. Inquiry as to the intrinsic validity and the distribution of the property.
approval thereof by said court.
2 kinds of probate: Petition for probate must state the ff:
1. During the testators lifetime 1. The fact that the testator is dead, the ti,e and place of death
2. After testator’s death 2. The fact that the deceased left a will and the will must be attached
to the petition
In probate proceedings, the court: 3. Executed in accordance with the legal requirement
1. Probate proper of the will 4. the probable value and charater of the estate
2. Letters testementary or letter with a will annexed 5. Name, age, address - executor, all persons int, or heirs
3. Claims against the estate 6. Name of the person whose appointment as executor is being asked
4. Lawful debts for
5. Sale, mortgage, encumbrance of the real estate 7. Delivery of the estate or property
6. Delivery of the estate/ property
Effect of probate proper
Probate is essential because: 1. There has been a fj by a court of com jur.
1. Expressly provided by law 2. Petition for relief - expired - no petition
2. Proceeding 3. The probate proper is binding upon the whole world insofar as due
3. The right of disposition of the property may be rendered nugatory execution or testementary capacity are concerned.
4. The absent legatee or divisee may be cheaeted of their inheritance.
COURT JURISDICTION
Other terms of probate: PLPA - RTC of the province
1. Probation 1. Where his property is located in case of non-resident
2. Legalization 2. In the place where he resides at the time of his death in case of a
3. Protocolization resident testator.
SETTLEMENT OF ESTATES, WHAT ARE USUALLY DONE:
1. Proof of testamentary capacity and due execution are presented
2. Court issues an order allowing or disallowing the will
3. Distribution of the estate may done after all questions the intrinsic
validity are disposed of.
allowance thereof by the court does not negate the validity of the
judgment or decree of probate or the rights of the heirs and diviseees
under the will.

MATTERS THAT AFFECT INTRINSIC VALIDITY: WDIWP WT

1. Exclusion of the widow from the inheritance
2. Disinheritance of a daughter
3. Impairment of the legitime
4. Declaring a certain woman to be the true wife of the testator
5. Partitioning of conjugal property
6. Right of a widow to the inheritance
7. Titles to property and annulment of alleged fraudulent sales.

Questions of ownership may be decided if:

1. The parties voluntarily submitted this matter to the court
2. To determine whether the the property is part of the estate.

*** no prescriptive period for instituting probate proceedings

*** ruleod estoppel does not apply to probate proceedings because
they are invested with public interest and if estoppel is to be applied,
the ascertainment of the truth may be blocked.

REQUIREMENTS BEFORE DISTRIBUTION OF PROPERTIES - DPD

1. There must be a decree of partition allocating property to each heir
2. Payment of estate is required
3. Distributive shares may be delivered

TERMINATION OF PROBATE PROCEEDINGS

1. Terminated upon approval by the probate court of the project of
partition, granting of the petition to close the proceeding.
2. Issuance of the order of distribution directing the delivery of the
properties to the heirs in accordance with the adjudication made in the
will.
3. Failure to file with the Register of Deeds a certified copy of letters of
administration of the will, record the attested copies of the will,