Short answer. Yes. Civil Code Article 919 lists refusal without justifiable cause to support the parent as one of eight grounds for disinheriting a child or descendant. The refusal must be unjustified — if your child cannot afford to help or has a lawful reason, the ground does not arise.
What the law says
A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
Civil Code, Article 919 — Grounds to Disinherit Children and Descendants. Read the full provision →
The ground you are relying on
Article 919 of the Civil Code sets out eight causes for disinheriting a child or descendant, whether legitimate or illegitimate. Number five is: A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant. The phrase 'without justifiable cause' is critical. It means that a child who cannot afford to provide support, or who is ill or incapacitated, does not meet the ground. But a child who is financially capable and simply refuses — out of indifference, spite, or deliberate neglect — falls squarely within it.
How disinheritance works in a will
Disinheritance must be made in a valid will and must expressly name the heir being disinherited. The will must also state the cause. A disinheritance that is vague, undated, or in an instrument that does not qualify as a valid will has no legal effect. If the disinheritance is later found to be defective — say, because no valid will was executed or the stated cause was not proven — the child is not excluded from the inheritance entirely but is limited to their legitime, which is the portion the law reserves for compulsory heirs regardless of what the testator wishes.
The other grounds in the same article
Seeing all eight grounds helps you assess your position. The other grounds under Article 919 include: an attempt against the life of the testator or close family; a baseless criminal accusation against the testator; conviction of adultery or concubinage with the testator's spouse; causing the testator to make or change a will by fraud or force; maltreatment of the testator by word or deed; leading a dishonorable or disgraceful life; and conviction of a crime carrying civil interdiction. The refusal-to-support ground is specific and separate from these — you do not need to establish any of the others.
Practical considerations before acting
Document your situation before taking any step. Evidence that your child is aware of your need, is financially capable, and has chosen not to help strengthens the factual basis for the disinheritance. This can include written communications, records of requests made, or evidence of the child's income and assets. The disinheritance must ultimately be tested against those facts — either when the will is offered for probate or when the disinherited child contests it. An attorney can help you assess whether the ground is solid and structure the will so that it withstands challenge.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Rosario Mata Castro and Joanne Benedicta Charissima M. Castro, a.k.a. "Maria Scorro M. Castro" and "Jayrose M. Castro" vs. Jose Maria Jed Lemuel Gregorio and Ana Maria Regina Gregorio, G.R. No. 188801, October 15, 2014 — read the decision on LawPhil →
- Isabelita S. Lahom vs. Jose Melvin Sibulo, G.R. No. 143989, July 14, 2003 — read the decision on LawPhil →