Grounds for Disinheritance under Philippine Law (Civil Law)

Disinheritance is an act by which a testator, through a valid will, deprives a compulsory heir of their inheritance. It is strictly regulated under the Civil Code of the Philippines to prevent abuses and ensure fairness, given the mandatory nature of compulsory succession.

Below are the specific grounds for disinheritance as provided in Articles 919 to 921 of the Civil Code:

1. Grounds for Disinheritance of Children and Descendants (Article 919):

Children or descendants may be disinherited for any of the following causes:

Accusation of a crime against the testator:
- Conviction for a crime involving attempts against the life of the testator, their spouse, ascendants, or descendants.
- The crime must be proven by final judgment.
Cruelty or maltreatment:
- If a child or descendant causes physical or mental harm to the testator.
Insult or dishonor:
- If a child or descendant is guilty of serious acts of insult or dishonor toward the testator.
Undue influence:
- Using force, deceit, intimidation, or undue influence to compel the testator to change their will.
Refusal of support:
- Failing to comply with a legal obligation to support the testator.
Adulterous relationships:
- Leading a dishonorable life or engaging in acts that bring disgrace to the family.

2. Grounds for Disinheritance of Parents and Ascendants (Article 920):

Parents or ascendants may be disinherited for the following reasons:

Attempt on the life of the testator:
- Conviction for an attempt against the life of the testator, their spouse, or descendants.
Cruelty or maltreatment:
- If the parent or ascendant subjects the testator to maltreatment or cruelty.
Abandonment or neglect:
- If the parent or ascendant fails to provide support to the testator when legally required to do so.
Compelling a will:
- Using force, deceit, intimidation, or undue influence to coerce the testator to change their will.
Prostitution or corruption:
- Leading a dishonorable life or corrupting the morals of the testator or other family members.

3. Grounds for Disinheritance of the Spouse (Article 921):

The spouse may be disinherited for any of the following reasons:

Attempt on the life of the testator:
- Conviction for an attempt against the life of the testator, their descendants, or ascendants.
Grounds for legal separation:
- Acts that constitute a valid ground for legal separation under the Family Code, such as:
  - Repeated physical violence or abusive conduct.
  - Attempt to corrupt or induce the petitioner, a common child, or a child of the petitioner to engage in prostitution or corruption.
  - Drug addiction or habitual alcoholism.
  - Lesbianism or homosexuality.
  - Infidelity or perversion.
  - Attempt by one spouse to kill the other.
Abandonment or neglect:
- Abandoning the testator without justifiable cause.
Refusal to support:
- Failing to fulfill the obligation of providing support to the testator.

Conditions for Valid Disinheritance:

To be legally valid, disinheritance must meet the following requirements:

Express and clear in the will:
- Disinheritance must be explicitly stated in the will and the cause must be clearly and unequivocally stated (Article 916).
Just cause:
- There must be a valid ground recognized under Articles 919–921.
Proof of the cause:
- The cause must be proven if contested. In the absence of proof, disinheritance may be declared void.
Compliance with formalities:
- The will must comply with the legal formalities required under the Civil Code.
No reconciliation:
- If reconciliation occurs between the testator and the disinherited heir, the disinheritance becomes void (Article 922).

Effect of Invalid Disinheritance:

If disinheritance is declared invalid for any reason (e.g., lack of proof, failure to follow formalities), the disinherited heir will retain their right to the compulsory portion of the estate. This ensures that the strict rules protecting compulsory heirs under Philippine law are respected.

Important Notes on Disinheritance:

Compulsory heirs cannot be entirely disinherited unless one of the legal grounds is present.
Disinheritance affects only the legitimate portion (legitime) of the inheritance; other testamentary dispositions in favor of the heir remain unaffected unless explicitly revoked.
Disinheritance does not extend to the heir’s descendants unless expressly stated and legally justified.

By strictly defining the grounds and procedures for disinheritance, the Civil Code seeks to balance the rights of testators with the legal entitlements of compulsory heirs, ensuring fairness and preventing capricious disinheritance.