Query: What legal term describes when a compulsory heir does not receive an inheritance in the Philippines?

In Philippine law, when a compulsory heir is intentionally excluded from receiving any part of an inheritance, the legal term used is "disinheritance." This action is a severe measure and must be expressly stated and justified in the will of the decedent, as outlined in the Civil Code of the Philippines.

Disinheritance can only occur under specific circumstances which the law considers just causes. These causes are detailed in Articles 919 to 921 of the Civil Code. Some of these causes include when a compulsory heir has been found guilty of an attempt against the life of the testator, the testator’s spouse, descendants, or ascendants; when the heir has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation is proven false; and when the heir by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one.

It is crucial to note that disinheritance must be made through a clear statement in the will, specifying the legal cause. The absence of such a statement or the lack of a valid legal cause renders the disinheritance void. Furthermore, if the disinheritance is annulled or found invalid, the disinherited heir is restored to their rights to the inheritance as if the disinheritance had never occurred.

In practice, the courts require solid proof of the allegations that serve as the basis for disinheritance, considering the severe impact on the heir's inheritance rights. The process emphasizes the protection of the rights of compulsory heirs under Philippine law, ensuring that disinheritance is not used lightly or without substantial justification.

This provision is designed to balance the testator's control over their estate and the protection of the compulsory heirs' legal rights, highlighting the importance of familial responsibilities and obligations in Philippine inheritance law.