Short answer. Yes. Article 1032 of the Civil Code expressly lists concealing a will as a ground for unworthiness to succeed. An heir who suppresses or conceals the deceased's will is legally incapable of inheriting, and may be excluded from the estate through a court proceeding.
What the law says
Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter's will
Civil Code, Article 1032 — Unworthiness to Succeed. Read the full provision →
Concealing or destroying a will is a ground for exclusion
Article 1032 of the Civil Code declares certain persons incapable of succeeding by reason of unworthiness. Number seven on the list covers anyone who supplants, conceals, or alters the testator's will. If your sibling or co-heir hid or destroyed your parent's will — to prevent probate, to trigger intestate succession, or simply to gain an advantage — that conduct falls squarely within this provision. The law treats it as a betrayal serious enough to forfeit the right to inherit.
What 'unworthiness' means in practice
Unworthiness does not happen automatically. It must be declared by a court through a legal proceeding. Until a declaration is made, the unworthy heir retains their legal standing in the estate. This means that if you know a co-heir concealed the will, you need to take affirmative steps — file the appropriate action before the court handling the estate settlement — rather than simply waiting for the result to change on its own. The declaration of unworthiness effectively removes that person from the succession as though they had predeceased the testator.
Other grounds for unworthiness under the same article
Article 1032 lists several other grounds beyond concealing a will: attempting against the life of the testator or their family, making a groundless criminal accusation against the testator, failing to report the testator's violent death, being convicted of adultery or concubinage with the testator's spouse, using fraud or violence to cause or change a will, and forging a will. Concealing or destroying the will is one of the most direct forms of interference with the testator's final intentions, placing it firmly within the same category as forgery and coercion.
Evidence matters in these cases
Proving that someone concealed or destroyed a will requires evidence of both the will's existence and the heir's conduct. This might include witness testimony that the testator executed a will, the heir's access to the will, and the subsequent disappearance of the document. It can be difficult to prove, especially if the act was done in secret, but circumstantial evidence can be sufficient if it is consistent and credible. A lawyer can advise on what evidence to gather and how to present it in an exclusion proceeding.
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.
- Pedro Generosa, et al. vs. Pacita Prangan-Valera, G.R. No. 166521, August 31, 2006 — read the decision on LawPhil →