Short answer. Yes. Article 921 of the Civil Code expressly lists this as a ground for disinheritance: a spouse convicted of an attempt against the life of the testator, their descendants, or ascendants. Conviction of an attempt on your child's life falls directly within the first ground and justifies disinheritance.
What the law says
The following shall be sufficient causes for disinheriting a spouse: (1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
Civil Code, Article 921 — Grounds to Disinherit a Spouse. Read the full provision →
The ground: conviction of an attempt on a descendant's life
Article 921 of the Civil Code lists the grounds on which a spouse may be disinherited, and the first ground is clear and direct: conviction of an attempt against the life of the testator, his or her descendants, or ascendants. Your child is your descendant. A conviction for an attempt on your child's life satisfies this ground without any additional requirements. You do not need to prove anything beyond the conviction itself — the criminal proceeding has already established the fact that the law requires.
How to exercise the disinheritance
Disinheritance must be expressed in a valid will. You cannot disinherit a spouse informally or through a separate document — it must be done in a will that complies with the formal requirements of Philippine law. The will must state the reason for the disinheritance, and that reason must be one of the grounds recognized by law. You would state that you are disinheriting your spouse because they were convicted of an attempt against the life of your child, and you should identify the conviction with enough specificity that the ground is clear. A will that disinherits a spouse without stating the legal ground may be questioned.
What happens to the disinherited spouse's legitime
A surviving spouse is ordinarily a compulsory heir entitled to a portion of the estate called the legitime. Disinheritance based on a recognized ground in Article 921 validly deprives the spouse of their compulsory share — not just the free portion but the entire entitlement as compulsory heir. The share that would have gone to the disinherited spouse passes to the other heirs or is disposed of as you direct in the will. The disinherited spouse has no claim to challenge the deprivation if the ground is valid and the formalities are observed.
The reconciliation rule and what to watch for
Philippine succession law contains a rule about reconciliation: if the testator reconciles with the disinherited heir after making the will, the disinheritance loses its effect. This matters if, in the future, you and your spouse reconcile — whether formally or by conduct — because it may revive their rights to the estate. If you have definitively ended the marriage or remain firm in excluding your spouse, keeping that separation documented and not engaging in conduct that could be read as reconciliation is important to ensure the disinheritance holds. A lawyer can review your will and the surrounding circumstances to make the disinheritance as legally secure as possible.