MAY AN HEIR BE DISINHERITED? (Part I)

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Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

After reading this article about disinheritance, you may also read: MAY YOU RELY ON FUTURE INHERITANCE TO SECURE A LOAN?

• An heir may not be allowed by law to receive his inheritance

• A person may disinherit his heir only through a Will

• Disinheritance is only for causes expressly stated by law

Many would probably believe that an heir may not be disinherited because of the general rule.

Generally, compulsory heirs may not be disinherited as they are protected by law as we had repeatedly emphasized in our previous articles posted in this same platform. However, a person especially a hardworking one, can seek refuge in our laws when he feels that his hard-earned possession and wealth might go to his compulsory heirs such as his children or spouse who may not be legally deserving of the same.

Is it possible to just donate your possession and wealth to some of your compulsory heirs instead of all?

The law says:

Yes.

It may be done through disinheritance. Disinheritance is a testamentary disposition depriving any compulsory heirs of his share in the legitime. It should be understood that without a Will providing for a disinheritance of an heir, there can be no disinheritance to speak of. Disinheritance is voluntary and intentional on the part of the person making a Will.

Thus, it means that even when a compulsory heir has committed act or acts sufficient to disinherit him but his disinheritance was never mentioned in a corresponding Will of a testator, such compulsory heir is still entitled to his legitime.

As for the sufficient cause or causes to disinherit an heir, the same depends on whether the compulsory heir is a child, spouse, or parents of the testator.

For disinheriting a child or descendant, what are the sufficient causes?

The law says:

The following are sufficient causes for the disinheritance of children or descendants:

Note: “he” shall mean the child or descendant

1. When he has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
2. When he has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
3. When he has been convicted of adultery or concubinage with the spouse of the testator;
4. When he causes the testator to make a will or to change one already made by fraud, violence, intimidation, or undue influence;
5. When he refused without justifiable cause to support his parent or ascendant;
6. When he maltreated the testator by word or deed;
7. When he leads a dishonorable or disgraceful life;
8. Conviction of a crime which carries with it the penalty of civil interdiction

How about sufficient causes for disinheriting a spouse, is it the same as above?

The following are sufficient cause for disinheriting a spouse:

1. When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
2. When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false;
3. When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;
4. When the spouse has given cause for legal separation;
5. When the spouse has given grounds for the loss of parental authority;
6. Unjustifiable refusal to support the children or the other spouse.

Should a person decide to disinherit his parents or ascendants, the following are sufficient causes:

1. When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
2. When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
3. When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false;
4. When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
5. When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
6. The loss of parental authority for causes specified under the law;
7. The refusal to support the children or descendants without justifiable cause;
8. An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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