Short answer. It depends on which part you repudiate first. Under Article 1055 of the Civil Code, repudiating the inheritance as a testamentary heir carries over to both capacities. But repudiating as an intestate heir — without knowing you are also a testamentary heir — still leaves you free to accept the testamentary share once you learn of it.
What the law says
If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity.
Civil Code, Article 1055 — Called Both by Will and by Law. Read the full provision →
Being called in two capacities
It is possible to be entitled to a share of an estate both through a will (as a testamentary heir) and through the rules of intestate succession (as a legal heir). This happens, for example, when the decedent left a will naming you, and you are also a legal heir who would inherit without a will. Article 1055 of the Civil Code addresses what happens when such a person wants to accept one part and refuse the other — the rules are asymmetric and depend on the order and knowledge.
Repudiating as testamentary heir: both parts go
The first rule in Article 1055 is strict: if you repudiate the inheritance in your capacity as a testamentary heir, the law treats that as a repudiation in both capacities. You cannot then turn around and accept the intestate share. The logic is that a person who knows about the will and chooses to renounce it is presumed to have made an informed decision to exit the estate entirely. Once that repudiation is made, it closes both doors.
Repudiating as intestate heir without knowing of the will
The second rule is more lenient, and it matters greatly: if you repudiate as an intestate heir, without knowledge that you are also a testamentary heir, that repudiation does not automatically extend to your testamentary capacity. Once you learn that a will named you, you may still accept your testamentary share. The key factual question is whether you knew of the will at the time of the intestate repudiation. Ignorance of the will is the hinge on which the second rule turns.
Practical implications
Before making any formal repudiation — especially in a hurry, when you may not yet have full information about the estate — find out whether a will exists and what it says about you. Repudiating as a testamentary heir without realising the full consequences can extinguish rights you cannot recover. If you have already repudiated one capacity and later discovered a will, consult a lawyer immediately to assess whether the repudiation can be unwound and within what time frame. The timing of your knowledge, and how the repudiation was made, are the decisive facts.