Short answer. Yes, this is one of the law's own exceptions. Article 1056 of the Civil Code says acceptance of an inheritance is normally irrevocable, but it expressly creates an opening when an unknown will appears. The prior acceptance can be challenged on that ground.
What the law says
The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears.
Civil Code, Article 1056 — Acceptance Is Irrevocable. Read the full provision →
The general rule: acceptance cannot be undone
Article 1056 states the default position clearly: once an heir accepts or repudiates an inheritance, that decision is irrevocable. The law does this deliberately. Estate administration requires finality — creditors, co-heirs, and the tax authorities all need to know who the heirs are and what they are taking. If acceptance could be freely retracted, every settled estate could be thrown back into uncertainty. So the starting point is that your acceptance stands.
The exception: an unknown will appearing
Article 1056 carves out two situations where the acceptance can be challenged. The first is where it was made under a defect of consent — fraud, mistake, intimidation. The second, and the one directly relevant here, is when an unknown will appears. If you accepted as an intestate heir because nobody knew a will existed, and a will then surfaces, the law recognizes that your acceptance was based on a materially different understanding of the estate. That prior acceptance can be impugned — contested and potentially set aside.
What happens to the distribution if the will is valid
If the newly discovered will is admitted to probate and found valid, the distribution it mandates takes precedence over intestate succession. Heirs who received more under the intestate distribution than the will grants them may be required to return the excess. Heirs who were left out of the intestate division but named in the will can assert their rights. The will controls what each person is entitled to, and the estate must be re-administered according to its terms — which may require a separate probate proceeding if none has been initiated.
Acting on a newly discovered will
If a will has appeared, the person who has it or knows of it should present it for probate promptly. Philippine law requires that any will in a person's custody be delivered to the court that has jurisdiction over the estate. Sitting on a will is not a neutral act — there are legal consequences for suppressing one. If you are an heir whose share under the will differs from what you received intestate, a lawyer can help you understand how to challenge the prior acceptance and what the probate proceeding requires.
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.
- Republic of the Philippines vs. David Rey Guzman, etc., et al, G.R. No. 132964, February 18, 2000 — read the decision on LawPhil →