Disinheritance is a x legal concept that involves intentionally excluding a legal heir from inheriting property and assets. In this blog, we will explore the concept of disinheritance as it is defined in the Civil Code and the legal implications that surround this complex area of succession law.
What is disinheritance?
It is the act of the testator in depriving a compulsory heir of his legitime for causes expressly stated by law.
In order to be a valid disinheritance, what are the requisites?
- Cause must be expressly stated by law;
- Effected only through a valid will;
- Cause must be certain and true;
- Unconditional;
- Total or complete;
- Cause must be stated in the will itself;
- Will must not have been revoked;
- For an existing cause; and
- The heir disinherited must be designated in such a manner that there can be no doubt as to his identity.
What are the grounds for disinheriting descendants or children?
Children and descendants may be disinherited for the following reasons:
- 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.
What are the grounds for disinheriting descendants or children?
Parents and ascendants may be disinherited for the following reasons:
- 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 the Civil 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.
What are the grounds for disinheriting descendants or children?
Surviving spouse may be disinherited for the following reasons:
- 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.
What are the effects of disinheritance?
The effects of disinheritance are the following:
- Deprivation of the compulsory heir who is disinherited of any participation in the inheritance including the legitime and free portion;
- The children/descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; and
- The disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime.
When is there an imperfect disinheritance?
Imperfect disinheritance occurs when the disinheritance is:
- Without a specification of the cause;
- For a cause the truth of which, if contradicted, is not proved; or
- When the cause is not one of those set forth in the Code.
What are the effects of an imperfect disinheritance?
If the testator had made a disposition of the entire estate, imperfect disinheritance shall annul the institution of heirs insofar as it may prejudice the legitime of the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.
What is reconciliation?
Reconciliation is the resumption of genuine cordial relationship between the testator and the disinherited heir, approximating that which prevailed before the testator learned of the cause of disinheritance, reciprocally manifested by their actions subsequent to the act of disinheritance. It is either an express pardon extended by the testator to the offending heir or unequivocal conduct of the testator towards the offending heir which reveals the testator’s intent to forgive the offense.
What are the effects of subsequent reconciliation between the offender and the offended party?
The effects are as follows:
- If no disinheritance has been made yet, no disinheritance can now be done;
- Disinheritance already made is rendered ineffectual, it is as if there had been no disinheritance at all; and
- The heir will receive everything that he would have received had there been no disinheritance, whether it be under the provisions of the will or by operation of law.
What are the rights of the descendants of the person disinherited?
The children and descendants of the person disinherited shall take this 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.
Source:
The New Civil Code of the Philippines
