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:
- Formality: The disinheritance must be expressed in a will that complies with the formalities of a valid will.
- 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.
- Truth of the Cause: The cause must be real, not simulated, and proven if contested.
- 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:
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).
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.
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.
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:
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.
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.
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:
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.
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.
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
Burden of Proof:
- The burden of proving the just cause for disinheritance lies with the proponent of the will, especially if contested.
Presumptions:
- In the absence of a validly stated cause, the law presumes that the compulsory heir retains their right to inherit.
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
Legal Safeguards for Compulsory Heirs:
- The strict requirements for disinheritance protect compulsory heirs from being unfairly excluded from their legitimate inheritance.
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.
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.