Short answer. Your will must state two things: that you are disinheriting the child, and the specific legal ground for doing so. Article 916 requires the cause to be written into the will itself. For a disgraceful life, your will must identify that conduct as the reason — a general exclusion without naming the ground is not a valid disinheritance.
What the law says
Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
Civil Code, Article 916 — Disinheritance Must Be in a Will. Read the full provision →
The formal requirement: it must be in the will
Article 916 states it plainly: "Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified." There is no other way. You cannot disinherit a child by deed, by verbal declaration, or by a document that is not a valid will. And within that will, you must not just say the child is excluded — you must name the legal ground. A will that says "I leave nothing to my child" without identifying a statutory basis does not accomplish a legal disinheritance under Philippine law.
The ground you are relying on
Article 919 of the Civil Code lists the grounds available to disinherit a child or descendant, whether legitimate or illegitimate. Ground number seven covers the situation you describe: "When a child or descendant leads a dishonorable or disgraceful life." Your will should identify this ground specifically — not just allude to bad behavior, but connect the conduct to this statutory description. The more concrete the statement in the will, the harder it is for someone to challenge the disinheritance on the ground that the cause was not adequately stated.
What level of detail is enough
The will does not need to read like a court pleading. It needs to state the ground with enough clarity that the legal basis is identifiable. Naming the conduct — what the child does that constitutes the disgraceful life — and connecting it to the statutory ground is the safer approach. The goal is to leave no room for a later argument that you simply disliked the child or were vague about the reason. Courts examining a challenged disinheritance will look at whether the cause stated in the will falls within one of the statutory grounds. Specificity protects your intention.
If the disinheritance is challenged
A disinheritance can be contested. If the child or their heirs argue that the stated ground does not exist, or that the will was defective, a court may set the disinheritance aside. If that happens, the disinherited child recovers their legitime — the portion of the estate the law reserves for compulsory heirs regardless of a testator's wishes. The disinheritance does not reduce the estate; it only determines who gets that compulsory share. This is why getting the will right the first time matters: a defective disinheritance produces the opposite of what you intended.
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 →
Related provisions
- Civil Code, Article 916 — Disinheritance Must Be in a Will
- Civil Code, Article 919 — Grounds to Disinherit Children and Descendants