Sydney, during her lifetime, was a successful lawyer. By her own choice, she remained unmarried and devoted all her time to taking care of her nephew and two (2) nieces: Socrates, Saffinia, and Sophia. She wrote a will giving all her properties remaining upon her death to the three (3) of them. The will was admitted to probate during her lifetime. Later, she decided to make a new will giving all her remaining properties only to the two (2) girls, Saffinia and Sophia. She then tore up the previously probated will. The second will was presented for probate only after her death. However, the probate court found the second will to be void for failure to comply with formal requirements.
(a) Will the doctrine of dependent relative revocation apply? (2.5%)
(b) Will your answer be the same if the second will was found to be valid but both Saffinia and Sophia renounce their inheritance? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) No, dependent relative revocation will not apply. (b) Yes, my answer remains the same. Under the doctrine of dependent relative revocation, revoking a prior will depends on the efficacy of a substitute disposition.
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Quick check
What is required for the doctrine of dependent relative revocation to apply when revoking a prior will?
The doctrine of dependent relative revocation applies only when the revocation of a prior will is dependent on the validity of a new disposition.
Under Article 830 of the Civil Code, what happens when a prior probated will is physically torn up with an absolute intent to revoke it?
Physical destruction of a will accompanied by animus revocandi validly revokes the testamentary disposition.
What is the legal effect if a subsequent will is declared void for failure to comply with formal statutory requirements?
A subsequent void will produces no legal disposition and cannot work an implied revocation of a prior valid instrument.
Under Article 832 of the Civil Code, what is the effect on a prior revoked will if the instituted heirs in a valid second will renounce their inheritance?
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Why did the doctrine of dependent relative revocation NOT apply to revive Sydney's first probated will?
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Learn more about these topics
1. Dependent Relative Revocation
Under the doctrine of dependent relative revocation, the failure of a new testamentary disposition raises a presumption that the revocation of a prior will was dependent on the validity of the replacement. However, if the act of revoking the first will was absolute and driven by an intentional desire to revoke rather than a mistaken belief in the validity of the new disposition, the doctrine does not apply. If the physical destruction of the prior will was intended to permanently cancel it regardless, the prior will remains revoked and cannot be revived.
2. Void Subsequent Will
Under Article 830 of the Civil Code, a physical act of destruction like tearing or burning a will with animus revocandi validly revokes the instrument. When a subsequent will attempting to substitute dispositions fails and is declared void for non-compliance with formal statutory requirements, it produces no legal effect whatsoever. Consequently, if the tearing of the prior probated will was done with an absolute intention to revoke it, the void second will cannot save the destroyed first will, causing the estate to devolve by operation of law through intestate succession.
3. Renunciation by Heirs
Under Article 832 of the Civil Code, a revocation made in a subsequent valid will takes effect even if the new will becomes inoperative by reason of the incapacity of the heirs, devises, or legatees designated therein, or by their renunciation. The revocation of the prior disposition is absolute upon the execution of a valid revoking instrument. Therefore, if the second will complied with all formal requisites but the instituted heirs subsequently repudiated their inheritance, the prior revoked will is not revived, and the estate passes to legal heirs via intestacy.