Topic: CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 1. Testamentary Succession > b. Wills > ii. Effect of Simply Providing for Disinheritance

In Philippine Civil Law, succession is the transmission of rights and obligations of a decedent to their heirs. Testamentary succession, specifically, is governed by the decedent’s will, allowing the testator (the person creating the will) to control the disposition of their estate within the bounds of Philippine law. One important aspect of testamentary succession involves disinheritance, which is governed by both the Civil Code of the Philippines and jurisprudential principles developed through Supreme Court decisions.

1. Disinheritance in Testamentary Succession

Under the Civil Code of the Philippines, disinheritance is a formal act by which a testator excludes a compulsory heir from inheriting any portion of the estate. This act must be expressly stated in the will and for legally recognized reasons; otherwise, it has no effect. Compulsory heirs are those designated by law to inherit a portion of the testator's estate, such as legitimate children, illegitimate children, legitimate parents or ascendants, and the surviving spouse.

Articles 915 to 922 of the Civil Code provide the framework for disinheritance, stipulating both the required form and the grounds under which it can be implemented.

2. Formal Requirements of Disinheritance

For a disinheritance to be effective, it must strictly adhere to these formalities:

In Writing in a Will: Disinheritance must be expressly stated within a duly executed will.
Clear Identification of the Disinherited Heir: The testator must clearly identify the heir intended for disinheritance to avoid ambiguity.
Legal Grounds Specified: The cause for disinheritance must be clearly stated, and it must be one of the grounds recognized by law.
Definitive Nature: The disinheritance must be absolute, meaning it cannot be conditional or contingent.

Failure to comply with these requirements will render the disinheritance void, thereby allowing the compulsory heir to inherit in accordance with the laws of intestacy or under other valid provisions of the will.

3. Legal Grounds for Disinheritance

Disinheritance of a compulsory heir is permissible only for specific, justifiable causes provided under Articles 919 to 921 of the Civil Code. These causes vary depending on the relationship between the testator and the compulsory heir:

For Children or Descendants: Grounds include serious insults to the testator, causing grave harm, attempts on the life of the testator, filing serious criminal charges against the testator, and moral corruption, among others.
For Parents or Ascendants: Grounds for disinheriting parents include abandonment, failure to support the testator, attempts against the testator's life, or inducement to commit a crime.
For the Surviving Spouse: Grounds include infidelity, serious abuse, attempt on the life of the testator, and failure to fulfill marital obligations.

These grounds must be specifically cited in the will and must have occurred during the testator’s lifetime, as acts discovered posthumously generally do not warrant disinheritance.

4. Effects of Disinheritance

When disinheritance is validly made, the following effects ensue:

Loss of Inheritance Rights: A disinherited compulsory heir loses all inheritance rights, including any share they would have received as a compulsory heir under the legitime (the portion of the estate reserved by law for compulsory heirs).
Inheritance Passes to Other Heirs: The share of a properly disinherited compulsory heir typically accrues to the other heirs as if the disinherited heir predeceased the testator.
Reintegration in Case of Invalid Disinheritance: If disinheritance is void (e.g., due to lack of a valid ground or improper formalities), the disinherited heir is reinstated to their legitime and will inherit as though the disinheritance never occurred.

5. Invalid Disinheritance and Its Consequences

An invalid disinheritance leads to several legal consequences:

Reversion of Legitime: If a disinheritance is declared void, the compulsory heir will reclaim their rightful share of the estate. In cases where the estate has already been distributed, heirs may be required to return portions to satisfy the legitime of the disinherited heir.
Potential Nullification of the Will’s Other Provisions: If the will’s structure relies on the disinheritance of one or more heirs, invalidating the disinheritance may nullify certain provisions or clauses within the will, depending on the extent to which the disinheritance affects them.
Doctrine of "Relatively Void": The doctrine of "relative nullity" applies, meaning only the invalid provision (the disinheritance clause) is void, leaving the rest of the will intact unless the disinheritance forms an integral part of the overall testamentary plan.

6. Case Law Interpretations

Philippine jurisprudence has established additional principles regarding disinheritance, which help clarify some nuances in its application:

Strict Interpretation: Courts are inclined to interpret the grounds for disinheritance strictly, requiring concrete evidence to substantiate the grounds for disinheritance as specified by law.
Public Policy Favoring Succession: Courts generally view disinheritance as contrary to the policy favoring inheritance rights and will void disinheritances that do not meet stringent legal standards.
Burden of Proof: The person alleging valid disinheritance bears the burden of proving the existence of a legal ground, especially in cases where the disinherited heir contests the will.

7. Effects of Simply Providing for Disinheritance Without Other Dispositions

A will that merely provides for disinheritance without distributing the remainder of the estate leaves the succession subject to intestate rules. The following implications arise:

Partial Intestacy: If only disinheritance is provided, and the rest of the will is silent on asset distribution, the estate may devolve according to intestate succession, with legitimate heirs receiving their respective shares by default.
Residual Estate: The disinherited heir’s share will accrue to other heirs, but absent any explicit disposition, the remainder of the estate may pass to the heirs as if the testator died intestate.

Summary

Disinheritance in testamentary succession is a formal process that must be detailed in a will, with clear identification of the disinherited heir and specified legal grounds.
Grounds for Disinheritance vary based on the relationship between the testator and the compulsory heir, with specific actions warranting exclusion from the estate.
Invalid Disinheritance results in the compulsory heir inheriting as though disinheritance did not occur, while valid disinheritance eliminates the heir’s rights to their legitime.
Effect of Disinheritance Alone: Without other testamentary dispositions, a will providing only for disinheritance may lead to partial intestacy, distributing the estate per intestate succession laws.

This meticulous approach ensures that the disinheritance provision in a will meets the stringent standards under Philippine law, minimizing the risk of later legal challenges and upholding the testator's intentions.