Disinheritance is the act by which a testator, for a cause authorized by law, deprives a compulsory heir of their legitime, the portion of the estate that the law otherwise reserves for that heir. Because the legitime is strongly protected, disinheritance is allowed only under strict requirements, all of which must be present: it can be effected only through a valid will; it must be for a cause expressly stated by law (the grounds are enumerated and exclusive); the cause must be stated in the will itself; the heir disinherited must be designated in such a manner that there can be no doubt as to their identity; and the truth of the cause, if challenged by the disinherited heir, must be proved by the other heirs. The law enumerates specific grounds for disinheriting children and descendants, ascendants, and a spouse. For children and descendants, the grounds include, among others: having been found guilty of an attempt against the life of the testator, their spouse, ascendants, or descendants; having accused the testator of a crime punishable by imprisonment (if the accusation is found false); causing the testator by fraud, violence, intimidation, or undue influence to make or change a will; a refusal without justifiable cause to support the testator; maltreatment of the testator by word or deed; leading a dishonorable or disgraceful life; and conviction of a crime carrying civil interdiction. Grounds for ascendants and for a spouse are similarly enumerated, including for a spouse, giving cause for legal separation and grounds analogous to the others. If the disinheritance is invalid (for example, no cause is stated, or the cause is not one allowed by law, or its truth is not proven when challenged), the disinheritance is ineffective, and the effect is to annul the institution of heirs to the extent that it prejudices the disinherited heir's legitime, which must then be given. So disinheritance validly deprives a compulsory heir of their legitime only when done in a will, for an enumerated legal cause stated therein, and the cause is proven if challenged.
What Disinheritance Is
Disinheritance deprives a compulsory heir of their legitime for a cause authorized by law. Because the legitime is protected, it is allowed only under strict requirements.
The Strict Requirements
- Made only in a valid will;
- For a cause expressly allowed by law (grounds are exclusive);
- The cause stated in the will, the heir clearly identified; and
- The truth of the cause proven by the other heirs if challenged.
Some Grounds and the Effect of Invalidity
Grounds for children/descendants include an attempt on the testator's life, a false accusation of a serious crime, maltreatment, refusal to support without cause, and a dishonorable life. An invalid disinheritance is ineffective, and the heir's legitime must be given.
Practical Takeaways
- Disinheritance is only valid in a will, for an enumerated legal cause stated therein;
- The cause must be proven if the heir challenges it;
- An invalid disinheritance means the legitime is still given.
Frequently Asked Questions
What is disinheritance? The act by which a testator, for a cause authorized by law, deprives a compulsory heir of their legitime, the portion of the estate otherwise reserved for that heir.
What are the requirements for a valid disinheritance? It must be made in a valid will, for a cause expressly allowed by law, with the cause stated in the will, the heir clearly identified, and the truth of the cause proven by the other heirs if the disinherited heir challenges it.
What are grounds to disinherit a child? Among others, an attempt against the testator's life, a false accusation of a crime punishable by imprisonment, causing the testator by fraud or violence to make or change a will, refusal without justifiable cause to give support, maltreatment, and leading a dishonorable life.
What happens if a disinheritance is invalid? It is ineffective. The institution of heirs is annulled to the extent it prejudices the disinherited heir's legitime, which must then be given to the heir.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.