Disinheritance in the Philippines: Valid Grounds and Requirements
Quick Answer: A compulsory heir cannot be deprived of the legitime merely because of family conflict. Under Articles 915 to 923 of the Civil Code, disinheritance must be based on a cause expressly recognized by law and must be made through a will that specifies the legal cause. If the disinherited heir denies the cause, the burden of proving it rests on the other heirs.
What Is Disinheritance?
Disinheritance is the intentional deprivation of a compulsory heir’s legitime for one of the causes expressly allowed by the Civil Code. It is not the same as simply omitting an heir from the will.
What Must a Valid Disinheritance Contain?
- a valid will;
- identification of the compulsory heir being disinherited;
- a legal cause recognized by the Civil Code;
- the cause stated in the will;
- proof of the cause if the disinherited heir contests it.
What Grounds Does the Civil Code Recognize?
The grounds differ depending on whether the heir is a child or descendant, parent or ascendant, or spouse. Articles 919, 920, and 921 contain the statutory lists. Examples include certain serious offenses against the testator or close family, specified forms of abandonment or refusal to support, and other causes expressly stated by law.
The exact ground should be matched to the correct statutory provision. A general statement such as “we no longer get along” is not enough.
Who Has to Prove the Cause?
Article 917 places the burden on the other heirs when the disinherited heir denies the truth of the stated cause. This makes evidence critical. A will that states a cause does not make an unsupported accusation automatically true.
What Happens if Disinheritance Is Invalid?
Article 918 provides consequences when the will does not specify a cause, the cause is not one recognized by the Code, or the cause is not proved when challenged. The institution of heirs is affected insofar as necessary to protect the disinherited person’s legitime, while other testamentary dispositions may remain valid to the extent allowed by law.
Can Reconciliation Cancel Disinheritance?
Yes. Article 922 provides that subsequent reconciliation between the offender and offended person removes the right to disinherit and renders an earlier disinheritance ineffective.
What About the Disinherited Heir’s Children?
Article 923 protects the children and descendants of the disinherited person by allowing them to take that person’s place and preserve compulsory-heir rights with respect to the legitime, subject to the article’s terms.
Disinheritance vs Preterition
| Issue | Disinheritance | Preterition |
|---|---|---|
| Intent | Deliberate exclusion for a statutory cause | Legal omission under Article 854 |
| Cause | Must be expressly stated and legally sufficient | No disinheritance cause is being asserted |
| Burden | Other heirs prove disputed cause | Focus is whether the requirements of preterition exist |
| Effect | Can deprive heir of legitime if valid | May annul institution of heirs |
See Preterition in the Philippines.
Evidence That May Matter
- criminal judgments or official case records;
- support demands and payment records;
- communications relevant to the alleged cause;
- medical or police records where legally relevant;
- witness testimony;
- evidence of reconciliation after the alleged offense.
Frequently Asked Questions
Can a parent disinherit a child for being disrespectful?
Only if the conduct falls within a statutory ground and the requirements for disinheritance are met. Ordinary family disagreement should not be assumed to satisfy the Code.
Can the cause be explained outside the will?
The Civil Code requires the legal cause to be specified in the will. Outside evidence may be needed to prove the truth of that cause if challenged, but it does not replace the statutory requirement.
Can a handwritten will validly disinherit an heir?
A holographic will can contain a disinheritance if the will itself is valid and the disinheritance satisfies the substantive Civil Code requirements.