Definition in English: Preterition is the total omission of one, some or all compulsory heirs in the direct line from the institution of heirs in a will, without the omitted heir being expressly disinherited and without that heir receiving anything by another testamentary title.
Paliwanag sa Filipino: Ganap na pagkakaligta sa compulsory heir — Nangyayari ito kapag lubusang hindi naisama sa will ang compulsory heir sa direct line, hindi siya wastong dinisinherit, at wala rin siyang natanggap sa ibang paraan sa will.
Mas malakas ang epekto ng preterition kaysa simpleng kakulangan sa legitime. Sa ilalim ng Article 854, maaari nitong pawalang-bisa ang institution of heirs, bagaman nananatili ang devises at legacies kung hindi sila inofficious. Hindi lahat ng pagkakaalis o maliit na pamana ay preterition.
Legal basis and controlling authority
The governing rule is Civil Code Article 854. The Supreme Court’s leading application in Nuguid v. Nuguid, G.R. No. L-23445 explains the effect of completely omitting compulsory heirs in the direct line from the institution of heirs.
Requirements generally examined
- There is a valid will containing an institution of heirs.
- The omitted person is a compulsory heir in the direct line.
- The omission is total, rather than a merely deficient share.
- The heir was not expressly and validly disinherited.
- The heir did not receive a devise, legacy or other testamentary benefit that prevents total omission.
- The facts do not show that the heir was intentionally given nothing through a legally effective disposition governed by a different rule.
Preterition compared with disinheritance
| Preterition | Disinheritance | Impaired legitime |
|---|---|---|
| Total omission without valid disinheritance. | Express exclusion for a statutory cause stated in a will. | The heir receives something, but less than the protected share. |
| May annul the institution of heirs. | Effective only when formal and substantive requirements are met. | Generally supports completion or reduction remedies. |
| Applies to compulsory heirs in the direct line under Article 854. | Applies to a compulsory heir subject to the relevant statutory causes. | Can affect any compulsory heir whose legitime is deficient. |
Evidence that may matter
- The complete original will, not isolated quotations
- Probate records and the court’s ruling on intrinsic issues when properly raised
- PSA records proving the omitted person’s relationship
- Evidence of adoption or legally recognized filiation
- Every devise, legacy or benefit given to the claimed omitted heir
- The family circumstances when the will was executed and when the testator died
- Documents relating to alleged disinheritance
Practical example
A widower names a friend as universal heir and says nothing anywhere in the will about his only legally recognized child. The child receives no devise or legacy and was not disinherited. Those facts raise preterition. By contrast, if the will leaves the child a small parcel worth less than the legitime, the dispute is generally impairment rather than total omission.
Common misunderstandings
- Every omitted relative is not preterited. Article 854 concerns compulsory heirs in the direct line.
- Receiving too little is not total omission. That normally presents a legitime-completion issue.
- Preterition does not necessarily erase every clause in the will. Devises and legacies remain effective to the extent they are not inofficious.
Frequently asked questions
Does preterition make the entire will void?
Article 854 annuls the institution of heirs, but devises and legacies remain valid insofar as they are not inofficious. The effect must be determined from the whole will and estate.
Can a surviving spouse be preterited under Article 854?
The technical rule refers to compulsory heirs in the direct line. An omitted spouse may have other remedies to protect the legitime, but the classification should not be assumed to be Article 854 preterition.
What if the testator intentionally omitted the child?
Intentional exclusion is not automatically valid disinheritance. The will must comply with the Civil Code’s requirements and state a legally recognized cause that can be proved if contested.
Apply it to a real will: To check whether a will left out a compulsory heir and what the omitted heir can do, read preterition of a compulsory heir.
Related terms and next guides
Compulsory heir · Legitime · Representation · Succession guides
Educational note: Small differences in will language can change the remedy. The Filipino explanation is a learning aid, not an official translation.
Jurisdiction: Philippines
Last reviewed: September 2026