Disinheritance

Preterition vs. Defective Disinheritance | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Preterition vs. Defective Disinheritance: An In-Depth Legal Analysis

Under Philippine civil law, the concepts of preterition and defective disinheritance are pivotal to the discussion of compulsory succession, specifically when addressing the validity of a testamentary disposition. Both are governed by the Civil Code of the Philippines, particularly Articles 854 and 918 to 924, and the doctrines on the rights of compulsory heirs. Below is a detailed analysis of their definitions, distinctions, and legal implications.

Preterition (Article 854 of the Civil Code)

Definition
Preterition occurs when a testator completely omits a compulsory heir in their will, whether by instituting other heirs or by disposing of their entire estate without acknowledging the compulsory heir’s existence.

Requisites of Preterition

  1. Complete Omission: The compulsory heir is neither expressly instituted nor expressly disinherited in the will. They are entirely excluded.
  2. Coverage of the Entire Estate: The will disposes of all the testator’s property, leaving no share for the omitted compulsory heir.
  3. Heir’s Status as a Compulsory Heir:
    • Legitimate children and descendants
    • Legitimate parents and ascendants
    • Surviving spouse

Legal Effects of Preterition

  1. Total Annulment of the Institution of Heirs:
    • The entire testamentary disposition is rendered void with respect to the instituted heirs.
    • The testator's property is distributed according to intestate succession as if no will existed.
  2. Preservation of Other Testamentary Provisions:
    • Only the institution of heirs is void; other provisions such as legacies and devises remain valid, provided they do not impair the legitimes of the omitted compulsory heirs.

Exceptions to Preterition

  • If the omission is unintentional or due to the testator’s ignorance of the heir’s existence (e.g., unknown paternity or a subsequent birth of a child post-will execution), the institution of heirs may still be valid, subject to the compulsory heir’s legitime.

Defective Disinheritance (Articles 918 to 924 of the Civil Code)

Definition
Defective disinheritance arises when a compulsory heir is expressly disinherited in a will, but the disinheritance is rendered invalid due to non-compliance with statutory requisites.

Requisites for Valid Disinheritance

  1. Grounds for Disinheritance: Must be explicitly stated and must fall within the legal grounds enumerated in Articles 919 to 921 (e.g., maltreatment, conviction of a crime against the testator, etc.).
  2. Form and Substance: Disinheritance must be made in the form of a will and must explicitly state the legal cause.
  3. Truth of the Allegation: The cause stated must be proven true. If unsubstantiated, the disinheritance is void.
  4. No Forgiveness: If the testator has expressly or implicitly forgiven the compulsory heir, disinheritance becomes ineffective.

Legal Effects of Defective Disinheritance

  1. Ineffectiveness of the Disinheritance Clause:
    • The compulsory heir remains entitled to their legitime.
    • The invalid disinheritance does not affect the validity of the rest of the will.
  2. Reduction of Institution or Dispositions:
    • Any testamentary provisions exceeding the disposable free portion of the estate are reduced to ensure the compulsory heir’s legitime.

Distinctions Between Preterition and Defective Disinheritance

Aspect Preterition Defective Disinheritance
Definition Total omission of a compulsory heir. Invalid disinheritance of a compulsory heir.
Action of the Testator No mention of the heir in the will. Explicit mention, but disinheritance is invalid.
Legal Consequences Annuls the institution of heirs; intestacy applies. Heir’s legitime is restored; no annulment of will.
Effect on Will Institution of heirs void; legacies/devise preserved. Entire will remains valid except disinheritance.
Examples A will leaving all property to friends, omitting a child. Disinheriting a child for alleged ingratitude without proof.

Case Law and Applications

Preterition

  • Bonilla v. Barcena (G.R. No. L-37445): The Supreme Court clarified that the omission of a legitimate child, even if unintentional, leads to the annulment of the institution of heirs, but the rest of the will may stand.

Defective Disinheritance

  • Uy Sioca v. Chua Co (G.R. No. L-7271): The court emphasized the necessity of stating valid legal grounds for disinheritance, declaring the disinheritance void if the grounds are absent or untrue.

Conclusion

In compulsory succession under Philippine law, preterition and defective disinheritance both protect the rights of compulsory heirs but operate differently. Preterition focuses on total omission, leading to the annulment of heir institutions, while defective disinheritance involves an invalid attempt to exclude an heir, preserving their legitime while maintaining the validity of the rest of the will. These doctrines ensure that the legitime of compulsory heirs remains sacrosanct, reflecting the law's policy of safeguarding familial rights in succession.

Effect of Reconciliation | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Effect of Reconciliation in Disinheritance

Disinheritance, under Philippine civil law, is a solemn and formal act by which a testator deprives a compulsory heir of their inheritance for legally recognized causes. It is regulated by the Civil Code of the Philippines, specifically under Articles 915 to 920, in conjunction with other provisions on wills and succession. A notable issue in disinheritance is the effect of reconciliation between the testator and the disinherited compulsory heir.

Key Legal Framework:

  • Article 919, Civil Code of the Philippines:
    • "Reconciliation between the offender and the offended person deprives the latter of the right to disinherit him, and renders ineffective such disinheritance already made."

This article governs the effect of reconciliation on disinheritance, providing that reconciliation restores the compulsory heir's right to inherit despite prior disinheritance.

Key Points on Reconciliation and Its Effects:

  1. Nature of Reconciliation:

    • Reconciliation is an act of forgiving and restoring relations between the testator and the disinherited heir.
    • The reconciliation must occur before the testator's death to have legal effect.
    • It may be explicit (through a written or verbal acknowledgment of restored relations) or implicit (demonstrated by unequivocal actions suggesting forgiveness).

  2. Timing of Reconciliation:

    • Before the Execution of the Will or Codicil: If reconciliation occurs before the testator executes the will or codicil containing the disinheritance, the testator cannot validly disinherit the heir.
    • After the Execution of the Will: If reconciliation happens after the will containing the disinheritance is executed, the disinheritance becomes ineffective, and the heir's rights are restored.

  3. Scope of Restoration:

    • The reconciliation deprives the testator of the right to disinherit the heir for the same cause.
    • It does not necessarily prevent disinheritance for other valid causes that may arise subsequently.

  4. Legal Consequences of Reconciliation:

    • Nullification of Disinheritance: The compulsory heir regains their share in the estate as if the disinheritance never occurred.
    • Compulsory Share Restored: The compulsory heir is entitled to their legitime as prescribed by law.

  5. Proof of Reconciliation:

    • Reconciliation is a factual issue, and the burden of proof lies with the compulsory heir claiming restoration of rights.
    • Evidence may include affidavits, witness testimony, correspondence, or other documents showing the reconciliation.

  6. Formalities and Substantive Requirements:

    • For the reconciliation to take effect, the cause for disinheritance must be personal to the disinherited heir and subject to forgiveness by the testator (e.g., abuse, dishonor, or crime committed by the heir against the testator).
    • Disinheritance for causes involving public policy or unalterable circumstances may not be affected by reconciliation (e.g., unworthiness under Articles 1032 to 1039 of the Civil Code).

Practical Considerations:

  1. Impact on Estate Planning:

    • Reconciliation requires careful documentation in estate planning. If the reconciliation occurs, it may necessitate amendments or revocation of existing wills to align with the testator's intentions.
    • Counsel for the testator should advise them to formally address reconciliation in writing to avoid future disputes.

  2. Litigation Risks:

    • Reconciliation can be a contentious issue during probate proceedings, with heirs disputing whether genuine reconciliation occurred.
    • Courts typically assess the testator’s actions and intent, making clarity in record-keeping essential.

  3. Drafting and Interpretation:

    • When drafting wills, lawyers should include provisions addressing the possibility of reconciliation and its intended effect on disinheritance, to mitigate future ambiguities.

Jurisprudence on Reconciliation and Disinheritance:

Philippine courts have ruled on cases involving the effects of reconciliation on disinheritance, emphasizing the following principles:

  • The law upholds the testator’s intent but recognizes the restorative effects of reconciliation.
  • Ambiguities or doubts regarding reconciliation are resolved in favor of the heir’s right to inherit, given the law’s policy favoring family solidarity and protecting compulsory heirs.

Conclusion:

Reconciliation between the testator and the disinherited heir fundamentally alters the legal standing of disinheritance in Philippine law. It nullifies disinheritance and restores the compulsory heir’s share, reflecting the law’s emphasis on familial forgiveness and equity. Proper documentation of reconciliation and careful estate planning are crucial to avoiding disputes and ensuring the testamentary wishes of the testator are honored.

Effects of Disinheritance | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

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

Under Philippine law, disinheritance is a formal and solemn act by which a testator deprives a compulsory heir of his share in the inheritance for a just cause, as enumerated in the Civil Code of the Philippines. The effects of disinheritance are governed by specific provisions to ensure that the act is valid, enforceable, and consistent with the principles of justice and equity.

1. Valid Disinheritance and Its Effects

For disinheritance to take effect, the following requisites must be strictly complied with:

  1. Formality: The disinheritance must be expressed in a will that complies with the formalities of a valid will.
  2. Cause: The cause for disinheritance must be expressly stated in the will and must conform to the just causes enumerated under Article 919 of the Civil Code.
  3. Truth of the Cause: The cause must be real, not simulated, and proven if contested.
  4. Specification: The compulsory heir disinherited must be identified with sufficient clarity in the will.

If all these requirements are satisfied, the disinheritance produces the following effects:

  1. Deprivation of Legitime:

    • The disinherited heir is excluded from their legitime, which is the portion of the estate reserved by law for compulsory heirs.
    • The legitime of the disinherited heir is redistributed among the remaining compulsory heirs in proportion to their respective legitimes (Article 923, Civil Code).

  2. Loss of Successional Rights:

    • The disinherited person is excluded from both the legitime and the free portion of the estate unless reinstated or found to have been disinherited improperly.
    • The disinherited heir may not inherit by intestate succession from the testator.

  3. Transmission to Substitutes:

    • If the disinherited compulsory heir has descendants, such descendants are not affected by the disinheritance, provided they are not specifically disinherited themselves (Article 922, Civil Code).
    • The descendants step into the shoes of the disinherited heir and inherit their legitime by representation.

  4. Recognition of Conditional Disinheritance:

    • A disinheritance conditioned upon the occurrence of a specific event or the continued existence of a just cause takes effect conditionally. If the cause ceases to exist before the testator’s death, the disinheritance is rendered void (e.g., reconciliation between the testator and the heir).

2. Invalid or Ineffective Disinheritance and Its Effects

Disinheritance is rendered invalid or ineffective if any of the above requisites are not met. The following are the consequences:

  1. Reinstatement of Heir:

    • The disinherited heir is automatically reinstated to their rightful share in the inheritance, including their legitime.
    • The heir is treated as if no disinheritance was made.

  2. Void Clauses:

    • If the stated cause is untrue or not one of the causes provided under Article 919, the disinheritance is void. The testator’s intentions are not given effect.

  3. Doctrine of Preterition:

    • If a compulsory heir entitled to a legitime is completely omitted in the will without a valid cause for disinheritance, the entire will may be annulled as to its testamentary dispositions, leaving only the legitime to be distributed in accordance with the rules of intestate succession (Article 854, Civil Code).

3. Grounds for Disinheritance (Article 919, Civil Code)

The just causes for disinheritance differ depending on the type of compulsory heir. Examples include:

  1. For descendants:

    • Commission of an attempt against the life of the testator, spouse, or ascendant.
    • Maltreatment of the testator by word or deed.
    • Conviction of a crime punishable by civil interdiction.
    • Leading a dishonorable or disgraceful life.

  2. For ascendants:

    • Abandonment or maltreatment of the testator when the latter was a minor or incapacitated.
    • Attempting to influence the testator to commit a crime or prevent them from fulfilling legal obligations.

  3. For a spouse:

    • Adultery or concubinage with another person.
    • Attempt against the life of the testator, their descendant, or ascendant.
    • Refusal without just cause to comply with mutual obligations under the marriage.

4. Reconciliation and Revocation of Disinheritance

Reconciliation between the testator and the disinherited heir automatically revokes the disinheritance. This reconciliation can occur at any time before the testator's death and must be proven to have genuinely restored the relationship between the parties.

5. Procedural and Evidentiary Matters

  1. Burden of Proof:

    • The burden of proving the just cause for disinheritance lies with the proponent of the will, especially if contested.

  2. Presumptions:

    • In the absence of a validly stated cause, the law presumes that the compulsory heir retains their right to inherit.

  3. Timeframe for Contesting:

    • Disinheritance may be contested during the probate of the will or within the prescriptive periods for challenging the validity of the testamentary disposition.

6. Practical Implications

  1. Legal Safeguards for Compulsory Heirs:

    • The strict requirements for disinheritance protect compulsory heirs from being unfairly excluded from their legitimate inheritance.

  2. Role of the Courts:

    • Courts exercise strict scrutiny over the validity of disinheritance. Any ambiguity in the will or the stated cause is interpreted in favor of the disinherited heir.

  3. Estate Planning Considerations:

    • Testators should carefully consult with legal experts to ensure that the disinheritance complies with the formal and substantive requirements of the law.

By adhering to the strict statutory provisions, Philippine law upholds both the testator’s freedom of disposition and the legitimate rights of compulsory heirs, balancing equity with testamentary intent.

Grounds | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

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:

  1. 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.

  2. Cruelty or maltreatment:

    • If a child or descendant causes physical or mental harm to the testator.

  3. Insult or dishonor:

    • If a child or descendant is guilty of serious acts of insult or dishonor toward the testator.

  4. Undue influence:

    • Using force, deceit, intimidation, or undue influence to compel the testator to change their will.

  5. Refusal of support:

    • Failing to comply with a legal obligation to support the testator.

  6. 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:

  1. Attempt on the life of the testator:

    • Conviction for an attempt against the life of the testator, their spouse, or descendants.

  2. Cruelty or maltreatment:

    • If the parent or ascendant subjects the testator to maltreatment or cruelty.

  3. Abandonment or neglect:

    • If the parent or ascendant fails to provide support to the testator when legally required to do so.

  4. Compelling a will:

    • Using force, deceit, intimidation, or undue influence to coerce the testator to change their will.

  5. 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:

  1. Attempt on the life of the testator:

    • Conviction for an attempt against the life of the testator, their descendants, or ascendants.

  2. 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.

  3. Abandonment or neglect:

    • Abandoning the testator without justifiable cause.

  4. 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:

  1. 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).

  2. Just cause:

    • There must be a valid ground recognized under Articles 919–921.

  3. Proof of the cause:

    • The cause must be proven if contested. In the absence of proof, disinheritance may be declared void.

  4. Compliance with formalities:

    • The will must comply with the legal formalities required under the Civil Code.

  5. 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.

Requisites | Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

DISINHERITANCE: REQUISITES UNDER PHILIPPINE CIVIL LAW

Disinheritance, as governed by Article 915 to 921 of the Civil Code of the Philippines, is the deliberate act of a testator to deprive a compulsory heir of their legitime. It is a strictly regulated act under the law to ensure fairness and avoid abuse. Below are the requisites for a valid disinheritance:

1. LEGAL GROUNDS

Disinheritance can only be effected for specific causes expressly enumerated by law. The causes are exclusive and must strictly be followed. They are outlined in Articles 919, 920, and 921 of the Civil Code, depending on the category of the compulsory heir being disinherited.

  • For Children and Descendants (Art. 919):

    1. When the child has been found guilty of a crime involving physical violence or attempted murder against the testator, his/her spouse, ascendants, or descendants.
    2. When the child has been found guilty of a crime involving adultery or concubinage with the testator's spouse.
    3. When the child has accused the testator of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
    4. When the child has been convicted of a crime resulting in civil interdiction.
    5. When the child leads a dishonorable or immoral life.
    6. When the child causes grave insult or injury to the testator.
    7. When the child has maltreated the testator by word or deed.
    8. When the child has failed to comply with a legal order to support the testator without justifiable cause.

  • For Parents and Ascendants (Art. 920):

    1. When the parent has abandoned the child or induced the child to lead a corrupt life or to commit a crime.
    2. When the parent has attempted against the life of the child.
    3. When the parent has accused the child of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
    4. When the parent has maltreated the child by word or deed.
    5. When the parent leads a dishonorable or immoral life.
    6. When the parent has failed to comply with a legal order to support the child.

  • For Spouse (Art. 921):

    1. When the spouse has been found guilty of a crime involving physical violence or attempted murder against the testator.
    2. When the spouse has accused the testator of a crime punishable by imprisonment for 6 years or more, provided the accusation is false.
    3. When the spouse causes grave insult or injury to the testator.
    4. When the spouse has maltreated the testator by word or deed.
    5. When the spouse leads a dishonorable or immoral life.
    6. When the spouse has abandoned the testator without justifiable cause.

2. INCLUSION IN A VALID WILL

Disinheritance must be contained in a valid will. The requisites for the validity of a will under Articles 804 to 818 of the Civil Code must be satisfied. These include:

  • The testator must have testamentary capacity (sound mind and legal age).
  • The will must comply with the formalities prescribed by law (e.g., holographic or notarial wills).
  • The will must clearly and unequivocally express the intention to disinherit.

3. EXPRESS DECLARATION

The disinheritance must be expressly stated in the will, clearly identifying:

  • The person to be disinherited.
  • The specific legal ground for disinheritance.

Implied disinheritance is not recognized under Philippine law. The grounds must be stated with specificity to allow the heir and others to know the basis for the disinheritance.

4. TRUTH OF THE CAUSE

The cause for disinheritance must be true and existing at the time of the disinheritance. A false or non-existent cause renders the disinheritance void.

  • If the ground for disinheritance is contested, the burden of proof rests on the compulsory heir to prove that the alleged cause does not exist.

5. LEGAL EFFECT OF INVALID DISINHERITANCE

If the disinheritance is invalid (e.g., for lack of a legal ground, non-compliance with formalities, or a false cause), the disinherited heir retains their right to their legitime.

6. RECONCILIATION

Under Article 922 of the Civil Code, reconciliation between the testator and the compulsory heir revokes the disinheritance. Once reconciliation is proven, the disinheritance is rendered void, and the heir’s right to their legitime is restored.

7. LIMITATION TO DISINHERITANCE

  • Legitime Cannot Be Waived: The legitime of compulsory heirs is protected by law and cannot be reduced except by valid disinheritance.
  • Freedom of Testation Is Limited: A testator cannot freely disinherit compulsory heirs except for the causes strictly enumerated by law.

JURISPRUDENCE

Several Philippine Supreme Court rulings emphasize strict compliance with the requisites of disinheritance:

  1. Marcos v. Marcos: The Court ruled that failure to explicitly state the cause of disinheritance in the will renders the act void.
  2. Borromeo v. Borromeo: Reiterated that a groundless or false accusation against the testator by the heir does not justify disinheritance without proper evidence.
  3. De Borja v. De Borja: Highlighted that reconciliation nullifies disinheritance.

CONCLUSION

Disinheritance under Philippine law is a delicate and strictly regulated process. It requires adherence to legal grounds, proper formalities, and truthful causes. Any deviation renders the disinheritance void, ensuring that the rights of compulsory heirs are protected against capricious acts of exclusion.

Disinheritance | Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

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

  1. 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)

  2. 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.

  3. Must Be Clear and Unequivocal: The will must clearly state the fact of disinheritance and the specific legal ground relied upon.

  4. 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):

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

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

  1. Conviction of an attempt against the life of the testator, his spouse, descendants, or ascendants.
  2. Accusing the testator of a crime punishable by imprisonment of 6 years or more, if the accusation is found to be false.
  3. Compelled the testator to make a will or change one through violence, intimidation, or fraud.
  4. Maliciously causing the testator to lose his liberty, honor, or property.
  5. Maltreatment of the testator by word or deed.
  6. 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):

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

5. Effects of Invalid Disinheritance

  1. 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.

  2. Reconciliation: Reconciliation between the testator and the disinherited heir nullifies the disinheritance. (Art. 917)

6. Formalities and Procedural Aspects

  1. 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.

  2. Justification in the Will: The will must explicitly state the specific legal ground for disinheritance. Omission of this ground renders the disinheritance void.

  3. 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

  1. Substitution of Heirs: If a compulsory heir is validly disinherited, the legitime passes to their heirs by representation, unless otherwise provided by the will.

  2. 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.

  3. 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.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login