Not everyone can inherit. Certain persons are incapable of succeeding by reason of unworthiness. The grounds include: parents who have abandoned their children or induced their daughters to lead a corrupt life; a person convicted of an attempt against the life of the testator, their spouse, descendants, or ascendants; a person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation is found groundless; an heir of full age who, knowing of the violent death of the testator, fails to report it to the authorities within a month; a person convicted of adultery or concubinage with the spouse of the testator; a person who by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; and one who falsifies, forges, or conceals the testator's will. An unworthy heir is excluded from the succession. However, unworthiness may be condoned: if the testator, with knowledge of the cause of unworthiness, still leaves the person something in a will made after knowing the cause, or pardons them in writing, the incapacity is removed. Incapacity by unworthiness is distinct from the general capacity to inherit (a person must be living at the time of the decedent's death, or at least conceived).
Some Heirs Cannot Inherit
Certain persons are incapable of succeeding by reason of unworthiness — they are excluded from the inheritance.
Grounds of Unworthiness
- Parents who abandoned their children or corrupted their daughters;
- A person convicted of an attempt on the life of the testator or close relatives;
- One who groundlessly accused the testator of a serious crime;
- One who by fraud, violence, or undue influence caused the will or its change; and
- One who falsifies, forges, or conceals the will.
Pardon Removes It
Unworthiness may be condoned: if the testator, knowing the cause, still provides for the person in a later will, or pardons them in writing, the incapacity is removed.
Practical Takeaways
- An unworthy heir (e.g., one who attacked the deceased or forged the will) is excluded;
- The grounds are specific and listed by law;
- Written pardon or a later provision can cure the unworthiness.
Frequently Asked Questions
Who cannot inherit due to unworthiness? Among others, parents who abandoned or corrupted their children, a person convicted of an attempt on the life of the testator or close relatives, one who groundlessly accused the testator of a serious crime, and one who forged, falsified, or concealed the will.
Can unworthiness be forgiven? Yes. If the testator, with knowledge of the cause of unworthiness, still leaves the person something in a later will or pardons them in writing, the incapacity is removed.
What is the effect of unworthiness? The unworthy heir is excluded from the succession and cannot inherit from the decedent.
Is unworthiness the same as general capacity to inherit? No. General capacity requires the heir to be living at the time of the decedent's death, or at least conceived. Unworthiness is a separate disqualification based on specific acts.
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.