Reproduction of wills

Under the New Civil Code (Article 836), the execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.

Article 835 says that the testator cannot republish without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form.

Reproduction in the codicil is required only when the original will is void as to it form; in all other cases, reference to the original will suffices to republish it through the codicil.

If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil. (Article 837)

If the will has an extrinsic defect, to make the will effective and valid, the law requires that the will be "reproduced." Reproduction means all the contents thereof must be copied into the codicil. However, if the defect is intrinsic, the testator has two options: (1) reproduction; or (2) reference.

Republication by reproduction is available for wills void as to form (extrinsic or formal defects) and for wills void due to intrinsic defects. Republication by reference is available only for wills void due to intrinsic defects. In short, the law is stricter against the republication of wills void as to form.

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