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:

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).
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.
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.
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.
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.
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:

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.
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.
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.