In an increasingly globalized world, it is common for individuals to hold assets across multiple jurisdictions. For a Filipino citizen or a British expatriate residing in the Philippines, a critical question often arises: If I already have a will in the UK, does my new Philippine will automatically revoke it?
The intersection of Philippine succession law and private international law creates a complex landscape. Understanding how revocation works is essential to ensure your testamentary intent is honored and your heirs are protected from protracted legal battles.
1. The Power of Revocation under Philippine Law
Under the Civil Code of the Philippines, a will is essentially ambulatory; it is naturally revocable at the discretion of the testator (the person making the will) at any time before their death.
Article 828 states that a testator cannot waive their right to revoke their will. However, for a revocation to be legally effective, it must follow specific methods outlined in Article 830:
- By implication of law (e.g., certain changes in family status).
- By some physical act of destruction (burning, tearing, or canceling with the intent to revoke).
- By another will or codicil, which may be executed in the Philippines or abroad.
2. Express vs. Implied Revocation
When you execute a Philippine will, the effect it has on a pre-existing UK will depends largely on the language used and the consistency of the provisions.
- Express Revocation: Most Philippine wills include a standard "Revocatory Clause," typically phrased as: "I hereby revoke any and all other wills and codicils previously made by me." If this clause is present, it explicitly cancels the UK will, provided the Philippine will is validly executed.
- Implied Revocation: If the Philippine will does not contain a revocatory clause but disposes of the same properties in a manner inconsistent with the UK will, the later Philippine will prevails. The UK will is revoked only to the extent that its provisions are incompatible with the new one.
3. Conflict of Laws: Where was the revocation made?
Philippine law is specific about the formalities of revocation when it happens outside the Philippines or involves a foreign element. Under Article 829, if the revocation takes place outside the Philippines, its validity is determined as follows:
| Context of Revocation | Governing Law |
|---|---|
| Testator is NOT domiciled in PH | Law of the place where the will was made (Lex Loci Celebrationis) OR Law of the place where the testator was domiciled at the time (Lex Domicilii). |
| Testator IS domiciled in PH | Law of the Philippines (Lex Fori) OR Law of the place where the revocation was made. |
[!IMPORTANT] If a person living in Manila executes a Philippine will to revoke a UK will, they must ensure the Philippine will follows the formalities of Philippine law (either Notarial or Holographic) for that revocation to be recognized by Philippine courts.
4. The "Total Revocation" Trap
The most significant risk in cross-border estate planning is accidental revocation.
If a testator has a UK will specifically managing real estate in London and later executes a Philippine will for their Manila assets, a generic "revoke all prior wills" clause in the Philippine document will legally extinguish the UK will. This could leave the UK assets subject to intestacy laws (laws that apply when there is no will), which might not align with the testator's wishes and could lead to higher tax implications in the UK.
5. The Solution: Situs-Specific Wills
To avoid the unintended revocation of a UK will by a Philippine will, legal practitioners recommend "Situs-Specific" or Concurrent Wills.
- Limited Scope: The Philippine will should explicitly state that it applies only to assets located in the Philippines.
- Selective Revocation: The revocatory clause should be modified to say: "I revoke all prior wills insofar as they relate to my properties in the Philippines, but I expressly ratify my will dated [Date] pertaining to my assets in the United Kingdom."
Conclusion
A Philippine will can and often does revoke a UK will, either through an express clause or through incompatible provisions. However, the validity of that revocation depends on the testator's domicile and the formal execution of the new document. Without careful drafting, you risk "orphaning" your foreign assets or creating a conflict between two legal systems.
Would you like me to draft a sample "Limited Revocatory Clause" that protects a foreign will while establishing a new one in the Philippines?