CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 2. Compulsory Succession > f. Disinheritance

1. Definition and Nature of Disinheritance

Disinheritance is the act of depriving a compulsory heir of his share in the inheritance through a will. Under Philippine law, disinheritance is governed by Articles 915 to 921 of the Civil Code of the Philippines. It involves a deliberate and explicit act by the testator, executed in accordance with legal formalities, and must be based on a legal ground provided by law.

2. Essential Characteristics of Disinheritance

Must be Express and in a Will: Disinheritance is valid only if expressly made in a valid will. General statements or informal declarations of intent to disinherit a compulsory heir have no legal effect. (Art. 916)
Must Be Based on Legal Grounds: The law provides an exhaustive list of grounds for disinheritance. Any disinheritance not based on these grounds is void.
Must Be Clear and Unequivocal: The will must clearly state the fact of disinheritance and the specific legal ground relied upon.
Affects Compulsory Heirs Only: Disinheritance applies only to compulsory heirs, i.e., those entitled to a legitime. Other heirs can be excluded without needing to comply with the rules on disinheritance.

3. Compulsory Heirs

The following are compulsory heirs under Philippine law:

Legitimate children and descendants
Legitimate parents and ascendants
Illegitimate children
Surviving spouse

These individuals are entitled to a portion of the estate, known as the legitime, which cannot be withheld except through valid disinheritance.

4. Legal Grounds for Disinheritance

The Civil Code enumerates specific grounds for disinheritance for each category of compulsory heir:

A. Disinheritance of Children and Descendants (Art. 919):

Conviction of an attempt against the life of the testator, his spouse, descendants, or ascendants.
Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
Compelled the testator to make a will or change one through violence, intimidation, or fraud.
Having been convicted of adultery or concubinage with the testator’s spouse.
Maliciously causing the testator to lose his liberty, honor, or property.
Habitual maltreatment of the testator by word or deed.
Leading a dishonorable or disgraceful life.
Conviction of a crime punishable by civil interdiction.
Failure to comply with any condition imposed in a previous will.

B. Disinheritance of Parents and Ascendants (Art. 920):

Conviction of an attempt against the life of the testator, his spouse, descendants, or ascendants.
Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
Compelled the testator to make a will or change one through violence, intimidation, or fraud.
Maliciously causing the testator to lose his liberty, honor, or property.
Maltreatment of the testator by word or deed.
Attempting to prevent the testator from making a will, or changing or revoking one, through violence, intimidation, or fraud.

C. Disinheritance of Spouse (Art. 921):

Conviction of an attempt against the life of the testator, his descendants, or ascendants.
Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
Compelled the testator to make a will or change one through violence, intimidation, or fraud.
Maliciously causing the testator to lose his liberty, honor, or property.
Maltreatment of the testator by word or deed.
Having given cause for legal separation.
Having given grounds for loss of parental authority under Article 19 of the Family Code.

5. Effects of Invalid Disinheritance

Void Disinheritance: If disinheritance is not expressly made, is based on an invalid ground, or is not clearly stated, it is void.
- The compulsory heir retains their right to their legitime.
- The invalid disinheritance does not affect other provisions of the will unless such provisions depend on the disinheritance.
Reconciliation: Reconciliation between the testator and the disinherited heir nullifies the disinheritance. (Art. 917)

6. Formalities and Procedural Aspects

Inclusion in a Valid Will: Disinheritance must be embodied in a will executed in accordance with legal formalities under Articles 804 to 817 of the Civil Code.
Justification in the Will: The will must explicitly state the specific legal ground for disinheritance. Omission of this ground renders the disinheritance void.
Proof of Grounds: If contested, the person claiming the validity of the disinheritance has the burden of proving the existence of the stated ground.

7. Additional Considerations

Substitution of Heirs: If a compulsory heir is validly disinherited, the legitime passes to their heirs by representation, unless otherwise provided by the will.
Restoration of Rights: If the ground for disinheritance ceases to exist before the death of the testator (e.g., reconciliation), the compulsory heir regains their right to the legitime.
Impact on Legitimate and Illegitimate Heirs: The rules on disinheritance apply uniformly, but the allocation of the estate changes depending on the number and types of heirs.

Disinheritance is a highly technical area of Philippine succession law and must be approached with utmost care and precision. Any deviation from the legal requirements can render the disinheritance void, reinstating the rights of the compulsory heir.