A compulsory heir in the Philippines can only be disinherited through a will that expressly states one of the specific causes listed in the Civil Code — verbal disinheritance, a separate letter, or a vague accusation is not enough. The available causes differ depending on whether the heir is a child or descendant, a parent or ascendant, or a surviving spouse, and if the disinherited heir denies the accusation after the testator’s death, the burden falls on the other heirs to prove it is true.
Most people who ask about disinheriting a relative assume it works like leaving someone off a guest list — exclude them, and they get nothing. Philippine succession law does not work that way. A compulsory heir is entitled to a fixed share of the estate, called the legitime, and that share cannot simply be withheld by silence or omission. To lawfully take it away, the testator must go through a specific legal procedure called disinheritance, and the Civil Code sets out exactly how it must be done.
Step 1: Confirm the Person Is Actually a Compulsory Heir
Disinheritance, in the technical legal sense, only applies to compulsory heirs — those entitled to a legitime under the Civil Code. This principally means children and descendants, the surviving spouse, and, in the absence of children, the parents and ascendants. If the person you want to exclude is not a compulsory heir — a sibling, a niece, a friend — you do not need to “disinherit” them at all. You simply leave them out of your will, and they receive nothing, because non-compulsory relatives have no legally protected share to take away in the first place. The disinheritance procedure exists specifically because compulsory heirs cannot be excluded any other way.
Step 2: Match the Ground to the Specific Heir
The Civil Code does not allow disinheritance for any reason the testator personally considers sufficient. It lists specific, exclusive causes, and the applicable list depends on who is being disinherited.
Grounds to Disinherit a Child or Descendant
Under Article 919, a child or descendant — legitimate or illegitimate — may be disinherited for any of these causes:
- An attempt against the life of the testator, his or her spouse, descendants, or ascendants;
- Accusing the testator of a crime punishable by six years or more of imprisonment, where the accusation is found groundless;
- Conviction of adultery or concubinage with the testator’s spouse;
- Using fraud, violence, intimidation, or undue influence to make the testator execute or change a will;
- Unjustified refusal to support the parent or ascendant who is disinheriting them;
- Maltreatment of the testator by word or deed;
- Leading a dishonorable or disgraceful life; or
- Conviction of a crime carrying the penalty of civil interdiction.
Grounds to Disinherit a Parent or Ascendant
Under Article 920, parents or ascendants may be disinherited for causes that include abandoning their children or inducing a daughter to live a corrupt life, an attempt against the testator’s life, a false criminal accusation carrying six years or more of imprisonment, adultery or concubinage with the testator’s spouse, fraud or violence used to procure a will, loss of parental authority for causes specified in the Code, unjustified refusal to support, and an attempt by one parent against the life of the other — unless the two have since reconciled.
Grounds to Disinherit a Spouse
Under Article 921, a spouse may be disinherited for an attempt against the testator’s life or that of his or her descendants or ascendants, a false criminal accusation of the same kind, fraud or violence used to procure a will, having given cause for legal separation, having given grounds for the loss of parental authority, or an unjustified refusal to support the children or the other spouse.
These lists are exclusive. A cause the testator finds compelling but that does not fall within one of the enumerated grounds will not support a valid disinheritance, no matter how it is worded in the will.
Step 3: Put It in a Valid Will, and Only a Will
Article 916 is unambiguous: disinheritance can be effected only through a will in which the legal cause is specified. Telling relatives you intend to disinherit someone, writing it in a letter, or stating it in a deed outside a will has no legal effect, however clearly it communicates the testator’s intent. The will itself must also satisfy the ordinary formalities of a valid notarial or holographic will — a notarial will must be signed by the testator and at least three credible witnesses and acknowledged before a notary, while a holographic will must be entirely handwritten, dated, and signed in the testator’s own hand. A disinheritance clause inside a will that is itself invalid for want of these formalities does not survive the will’s invalidity.
Step 4: State the Cause Precisely — Vague Language Fails
It is not enough to disinherit someone and separately mention, elsewhere in the will, that they behaved badly. The will must specify which legal cause is being invoked, tied to the specific heir being disinherited. Under Article 918, disinheritance made without a specification of the cause, or for a cause that is not one of those set out in the Code, does not achieve what the testator wanted. Instead, it annuls the institution of heirs only insofar as it prejudices the disinherited person — while the rest of the testator’s wishes, such as specific legacies and devises, remain valid to the extent they do not impair anyone’s legitime. In practice, a defective disinheritance clause does not automatically hand the excluded heir the full inheritance they would have received without a will; it restores only what the law requires the estate to reserve for them.
Step 5: Understand the Cause Must Be True — and Who Has to Prove It
Naming a ground in the will is only the first hurdle. Under Article 917, if the disinherited heir denies that the accusation is true, the burden of proving the truth of the cause rests on the other heirs — the ones who stand to benefit from the disinheritance. A cause that is stated in the will but cannot be proven, once contested, is treated under Article 918 the same way as a cause that was never specified: the disinheritance fails to that extent. This is why the ground invoked should ideally be backed by something a court can verify after the testator has died — a final conviction, a documented pattern of abandonment, prior legal proceedings — rather than resting only on the testator’s word.
Step 6: Watch Out for Reconciliation
A disinheritance that was validly made when it was written can still be undone by events that happen afterward. Under Article 922, a subsequent reconciliation between the testator and the disinherited heir deprives the testator of the right to disinherit for that same cause, and it renders ineffectual any disinheritance already made. A testator who reconciles with a previously disinherited child, for example, and still wants the disinheritance to stand despite the reconciliation would need to execute a new will restating it, since the earlier clause is no longer effective on its own once genuine reconciliation has occurred.
What Happens to the Disinherited Heir’s Own Children
Disinheritance does not automatically punish the next generation. Under Article 923, the children and descendants of the disinherited person take his or her place and preserve their own rights as compulsory heirs with respect to the legitime — the disinheritance of a parent does not, by itself, disinherit the grandchildren. The one limitation is that the disinherited parent does not get the usufruct or administration of the property that passes to the grandchildren this way; that property is managed independently of the parent whose conduct caused the disinheritance in the first place.
After Death: Disinheritance Is Tested in Probate
A disinheritance clause is not self-executing. Like every other provision of a will, it takes legal effect only once the will is admitted to probate, and it is in that proceeding — or in a related contest over the will — that a disinherited heir who wishes to challenge the exclusion will raise the issue. That is also where the burden-of-proof rule under Article 917 becomes practically important: the heirs defending the disinheritance need to be ready to substantiate the cause with evidence, not just point to the words in the will.
Practical Takeaways
Disinheritance in the Philippines is a narrow, technical remedy, not a general license to cut someone out for any reason. To hold up, it needs: a compulsory heir, a cause that matches one of the specific grounds the Civil Code assigns to that class of heir, a valid will that states the cause explicitly, no subsequent reconciliation, and, ultimately, evidence the other heirs can produce if the disinherited heir contests it after the testator’s death. Given how easily a disinheritance clause can unravel on a technicality — an imprecise ground, a missing formality, an unprovable accusation — testators who want a disinheritance to actually withstand a challenge are usually better served having the will, and the disinheritance clause specifically, reviewed before it is executed rather than after a dispute has already started.
Frequently Asked Questions
Can I disinherit my child just because we do not get along or I disapprove of their choices? No. Disagreement or disapproval of a lifestyle choice is not on the list of causes the Civil Code allows for disinheriting a child. The closest fitting ground is leading a dishonorable or disgraceful life, but that requires more than mere disapproval, and if challenged, the other heirs would need to prove it in court.
What happens if I disinherit an heir but do not state a valid legal cause in the will? The disinheritance is defective under Article 918. It does not restore the heir’s full inheritance as though no will existed, but it does annul the exclusion to the extent it prejudices that heir’s legitime, while the rest of the will’s valid provisions stand.
Can a disinherited heir still receive anything from the estate? Only the free portion the testator chose to leave them by a specific legacy or devise, and only if it does not impair anyone else’s legitime; the legitime itself is what disinheritance is meant to take away, and it is lost only if the disinheritance holds up. Their own children, however, generally still inherit in their place.
If I reconcile with a child I disinherited years ago, does the old will still disinherit them? No, not automatically. Reconciliation renders a prior disinheritance ineffectual under Article 922, so if you still want it to apply despite reconciling, you need to execute a new will restating it, since the earlier clause no longer works on its own.
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.