Short answer. Yes. Once a decree of legal separation is issued against your spouse for their fault, any provision you made in your will in their favor is revoked by operation of law — you do not need to execute a new will or take any further action to remove them.
What the law says
provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law
Family Code, Article 63 — Effects of the Decree of Legal Separation. Read the full provision →
What the Family Code says
Article 63 of the Family Code lists the legal consequences that follow a decree of legal separation. One of those consequences is that provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. The key phrase is by operation of law — revocation is automatic from the moment the decree becomes final. You do not file a separate petition to cancel the bequest; the law does it for you.
Why it is automatic and what it protects
The rule rests on a straightforward policy: it would be inconsistent to allow a spouse who was found at fault in legal separation proceedings to still benefit from the innocent spouse's estate. The innocent spouse should not have to remember to update their will after a painful court proceeding. By making revocation automatic, the Family Code removes that burden. Even if your will still physically names your spouse and has never been modified, the bequest carries no legal effect after the decree.
The decree must be final — separation by agreement is not enough
Revocation is triggered by the decree of legal separation, not by mere physical separation or an agreement between spouses to live apart. Philippine law does not recognize informal separation as a basis for any of the consequences listed in Article 63. If proceedings are still pending — or if you and your spouse have simply chosen to live separately without going to court — the will provision remains in force. Only a court decree that has become final and executory sets the automatic revocation in motion.
Intestate succession is also affected
Testamentary dispositions are not the only thing the offending spouse loses. Article 63 also states that the offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. This means that even if you died without a will — or made no specific bequest — your legally separated spouse could not claim a share of your estate by intestate rights either. Both routes to inheritance are closed once the decree is issued against them.
Practical considerations
Even though the law revokes the bequest automatically, it is still good practice to execute a new will after your decree of legal separation becomes final. A clearly worded will naming different beneficiaries avoids confusion, prevents disputes among your heirs, and reflects your actual intentions on paper. It also addresses what should happen to the share your spouse would have received. An updated estate plan is cleaner and less likely to be questioned than relying solely on automatic revocation years after the decree.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Brigido B. Quia vs. Rita C. Quiao, et al, G.R. No. 176556, July 4, 2012 — read the decision on LawPhil →
- V. Maquilan vs. D. Maquilan, G.R. No. 155409, June 8, 2007 — read the decision on LawPhil →
- Elenita V. Macalinao, Kenneth V. Macalinao and Kristel V. Macalinao vs. Cerina, A.K.A. Cerena N. Macalinao and Cindy N. Ma, G.R. No. 250613, April 3, 2024 — read the decision on LawPhil →