Disinheritance
Provisions on disinheritance in the Civil Code of the Philippines
For discussion, please see: Excluded heirs and disinherited children. Note that disinheritance requires special proceedings for it to be valid.
Contents
- Articles 915 to 918 General Provisions on Disinheritance
- Articles 919 Reasons for Disinheritance of Children or Descendants
- Articles 920 Reasons for Disinheritance of Parents or Ascendants
- Articles 921 Reasons for Disinheritance of a Spouse
- Articles 922 to 923 Effects of Reconciliation on Disinheritance and Effects on Children of the Disinherited Person
Articles 915 to 918 General Provisions on Disinheritance
Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. (848a)
Article 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. (849)
Article 917. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it. (850)
Article 918. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. (851a)
Articles 919 Reasons for Disinheritance of Children or Descendants
Article 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:
(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction. (756, 853, 674a
Articles 920 Reasons for Disinheritance of Parents or Ascendants
Article 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:
(1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life or attempted against their virtue;
(2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false;
(4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
(6) The loss of parental authority for causes specified in this Code;
(7) The refusal to support the children or descendants without justifiable cause;
(8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. (756, 854, 674a)
Articles 921 Reasons for Disinheritance of a Spouse
Article 921. The following shall be sufficient causes for disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, 674a)
Articles 922 to 923 Effects of Reconciliation on Disinheritance and Effects on Children of the Disinherited Person
Article 922. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made. (856)
Article 923. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. (857)
thank you for enlightening me, the last will is for disinheritance, he is so strong willed and no respect at all to me as his father, he is 32 years old now,. his respect is only to her mother. Many times I tried to approach him and it leads only to shouting. Does this reason valid for disinheritance? Thank you.
Hello. The civil law in the Philippines on disinheritance must follow strict formalities to be valid. Disinheritance must cite a legal ground as listed in article 919-921 of the Civil code. n your case, some of these grounds may apply. However, to ensure the validity and enforceability of the disinheritance, it is highly advisable to consult a lawyer for proper guidance. If you are interested, we can assist you in assessing your case. Simply email us at admin@lawyerphilippines.org for more details.
thank you for enlightening me, the last will is for disinheritance, he is so strong willed and no respect at all to me as his father, he is 32 years old now,. his respect is only to her mother. Many times I tried to approach him and it leads only to shouting. Does this last will-disinheritance need to be notarized to make it valid? Thank you.
Regardless of whether the will is notarized, it must be submitted to court for probate before it takes effect. The court will check is the will was properly executed and if the grounds for disinheritance are valid.
Is last will should be notarized to make it valid?
It depends on the type of will if it is notarial will, it must be notarized, and holographic will which does not require notarization as long as handwriting and signature can be proven. It is important to remember that regardless of type, all wills must go through probate before they can be enforced.
what if the last will was hidden for 8 months and then when one of the heirs demaded for it. that is when the will was discosed only? .
The executor whose responsibility it was to produce the will earlier may be subject to sanction by the court, but this will not in itself invalidate a will.
Good day attorney. Can a foreigner spouse inherit the Estate of the deceased spouse if the deceased spouse has children?
They would probably be co-heirs.
Can a presumed legitimate heir appeal if disinherited in a will while proven non biological child by the father?
Depends on the situation. Can you send us an email at admin@lawyerphilippines.org?
would a spouse who has been accused for a death be automatically disinherited? Or does the court require that the spouse first be convicted before he is disinherited?
Conviction is not a requirement for this, but the reason should be stated in the last will and testament disinheriting the spouse. That will must then be probated in court to have effect.
Are children by a second marriage subsequent to a lawful divorce of the first wife in a foreign jurisdiction recognised as legitimate children of the deceased for the purpose of compulsory inheritance as heirs?
We would need more specific information to comment. A lawful foreign divorce may require judicial recognition in the Philippines depending on the circumstances.
You can send us a detailed email at contact@lawyerphilippines.org if you wish to go into these further.
Inheritance can be such a big issue after the passing of a person. It is important to make sure that everyone has their wishes legally organized. This article has such great information on how your wishes may be changed legally.