Published —June 01, 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.
More on disinherited read part one: MAY AN HEIR BE DISINHERITED? (Part I)
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No Will, No Disinheritance
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Disinheritance is intentional
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Express disinheritance may be effected in a simple document
Managing properties and other treasured possessions is one of the privileges of having ownership over a thing. The characters in some movies, if possible, would want to literally take their treasured properties to their grave.
In real life, that should be understandable especially when people had dedicated their precious time and efforts in acquiring their valuable properties. However, such act may not be legally possible if a person (let’s call him Jose Mari) has compulsory heirs and has not executed a will. This is because if Jose Mari has not executed a will, all of his properties shall be distributed to his compulsory heirs in accordance with law.
But, if Jose Mari has no problem transmitting his properties to his heirs, then there would be no issue. There is no need for him to disinherit any, some, or all of his undeserving heirs. With or without a will, his heirs will receive their lawful share. In case Jose Mari, with the intention of disinheriting Gerard Franco, one of his children, just executed a mere document reflecting such express disinheritance, is said document valid? May Gerard Franco be disinherited by such document?
The law says:
Yes for both questions.
In the case of Dy Yieng Seangio et.al vs. Hon. Amor A. Reyes, G.R. Nos 140371-72, November 27, 2006, the Supreme Court upheld the validity of a mere disinheritance instrument.
For a better understanding, please see the following facts:
Segundo Seagnio has entirely written and signed a dated document entitled “Kasulatan ng Pag-Aalis ng Mana” with the express intention of disinheriting Alfredo, his eldest son. As stated in the “Kasulatan ng Pag-Aalis ng Mana”, Segundo is disinheriting Alfredo on the ground that the latter had been maltreating the former. After his death, Dy Yieng Seangio, one of his heirs filed a petition in court to allow the contents of said document.
For his part, Alfredo opposed the petition saying that the document appearing to be a holographic will does not contain any disposition of the properties or estate of Segundo. The document only shows an act of disinheritance by Segundo, nothing else. According to Alfredo, his siblings and other compulsory heirs were not named nor instituted as heirs in the document. Thus, the document should not be given effect.
Is Alfredo correct?
The Supreme Court says “No.”
Again, a holographic will must be entirely written, dated, and signed by the hand of the testator himself. In this case, Segundo has entirely written, dated, and signed the “Kasulatan ng Pag-Aalis ng Mana”. Segundo’s document, although it may initially come across as a mere disinheritance instrument, conforms to the formalities of a holographic will as prescribed by law.
Also, the intent of Segundo in disposing his properties after his death can be clearly deduced from the terms of the instrument. While the document did not specifically mention who will receive a specific property of Segundo, the express disinheritance of Alfredo is an act of disposition itself.
Thus, going back to the two hypothetical questions above, yes, Jose Mari can disinherit his son Gerard Franco by a mere document. And, yes, Gerard Franco may be disinherited by his father Jose Mari in a mere document, provided, it conforms to the formalities of a will, holographic or notarial. The disinheritance, in all cases, must be for a legal cause as already mentioned in the first part of this article.
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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