MAY A COMPULSORY HEIR BE DISINHERITED? (Part II)

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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Article 915 of the New Civil Code of the Philippines states that a compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. However, this disinheritance can be effected only through a will wherein the legal cause therefore shall be specified. (Article 916 of the New Civil Code of the Philippines)

As for the sufficient causes to disinherit an heir, the same depends on whether the compulsory heir is a child, a spouse, or the parent of the testator.

Generally, a Compulsory Heir may not be deprived of his legitime. Article 904 of the Civil Code of the Philippines provides that the testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.

One of these cases provided under the law is disinheritance. Article 915 of the New Civil Code of the Philippines states that a compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law.

However, this disinheritance can be effected only through a will wherein the legal cause therefore shall be specified. (Article 916 of the New Civil Code of the Philippines)

As for the sufficient causes to disinherit an heir, the same depends on whether the compulsory heir is a child, a spouse, or the parent of the testator.

Disinheritance of a Children or Descendants

In cases of children or descendants, whether legitimate or illegitimate, the following shall be sufficient causes for the disinheritance:

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;
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;
When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
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;
A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
Maltreatment of the testator by word or deed, by the child or descendant;
When a child or descendant leads a dishonorable or disgraceful life;
Conviction of a crime which carries with it the penalty of civil interdiction. (Article 919 of the New Civil Code of the Philippines)

Disinheritance of a Parent or Ascendant

In cases of parents or ascendants, whether legitimate or illegitimate, the following shall be sufficient causes for the disinheritance:

When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
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;
When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
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;
The loss of parental authority for causes specified in this Code;
The refusal to support the children or descendants without justifiable cause;
An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. (Article 920 of the New Civil Code of the Philippines)

Disinheritance of a Spouse

The following shall be sufficient causes for disinheriting a spouse:

When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
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;
When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;
When the spouse has given cause for legal separation;
When the spouse has given grounds for the loss of parental authority;
Unjustifiable refusal to support the children or the other spouse. (Article 921of the New Civil Code of the Philippines)

Effect of Reconciliation

The 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. (Article 922 of the New Civil Code of the Philippines)

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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