Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After learning an executed will be supplemented, you may also read: WHO ARE CAPACITATED TO MAKE A WILL?
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A Will may be supplemented even after its execution
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A codicil is supplement or addition to a Will
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A document or paper may be considered part of the Will
A person who has the capacity to make a will (please click here), suddenly wanted to make further elaboration or specifications on the details mentioned in his will after its lawful execution, is that possible?
New Civil Code says:
Yes. A person who has already a valid will may supplement or add the same. Such supplement or addition is to be taken and annexed as a part of the will. The law itself categorically provided a name for the supplement or addition – it is called “Codicil.”
The dispositions in the original will may be explained, added to, or even altered by way of the execution of a codicil. In order that a codicil may be effective, it shall be executed in the case of a will. Take note though that same platform has already discussed the two kinds of will (please click here).
In relation to the preceding paragraph is the case of Clemente Calde vs. The Court of Appeals, et. al., G.R.No. 93980, June 27, 1994. In this case, the Supreme Court affirmed the Decision of the Court of Appeals in disallowing the Last Will and Codicil.
The Last Will in the above-mentioned case was executed before a notary public. However, upon scrutiny of the facts surrounding its execution, it is apparent that it was executed in violation of Article 805 of the New Civil Code. The instrumental witnesses did not simultaneously sign each of the documents in one sitting but did it in different occasions and not in their presence. This violation was repeated when they signed the codicil.
What happens when a will incorporates into itself by reference any document or paper?
New Civil Code says:
The document or paper when incorporated in a will by reference shall be considered PART of the mentioning will provided, the following requisites are present:
- The document or paper referred to in the will must be in existence at the time of the execution of the will;
- The will must clearly describe and identify said document or paper, stating among other things the number of its pages;
- It must be identified by clear and satisfactory proof as the document or paper referred to in the will; and
- It must be signed by the testator and the witnesses on each page and every page, except in case of voluminous books of accounts or inventories.
What if the testator opted to revoke his will rather than merely supplementing or adding the same, is it possible? The answer to this question will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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