Requisites of a Valid Disinheritance

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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.

 

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AT A GLANCE:

The following are the requisites of a valid disinheritance:
1. It must be made in a valid will.
2. It must be for a cause specified by law.
3. The will must specify the cause.
4. It must be unconditional.
5. It must be total.
6. The cause must be true.
7. If the truth is denied, it must be proved by the proponent.
(New Civil Code of the Philippines)

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Disinheriting heirs is a big deal with both legal and family consequences. It’s basically when someone decides not to let certain individuals inherit properties, like money and the like. This intricate matter is often rooted in specific circumstances and is governed by legal frameworks that vary across jurisdictions. People might disinherit heirs for various reasons, like if they don’t get along or someone did something wrong. Disinheritance is a complicated situation that needs a close look to understand its valid requisites.

 

Requisites of a Valid Disinheritance

1. It must be made in a valid will:

Disinheritance is a decision that can only be made through a legally recognized will. This means it must be either in a valid holographic will (entirely handwritten by the testator) or a notarial will (formally written and signed before witnesses).

2. It must be for a cause specified by law:

Disinheritance must be grounded in specific reasons outlined by the law. According to Articles 919, 920, and, 921, the reasons vary for the disinheritance of children or descendants and parents or ascendants, or the spouse.

 

Reasons for Disinheritance of Children or Descendants (Article 919):

1. Attempt against the life of the testator or family members.
2. False accusation of a serious crime against the testator.
3. Conviction of adultery or concubinage with the testator’s spouse.
4. Coercion or manipulation leading to the creation or alteration of the will.
5. Unjustifiable refusal to support the disinheriting parent or ascendant.
6. Maltreatment of the testator.
7. Leading a dishonorable or disgraceful life.
8. Conviction of a crime resulting in civil interdiction.

 

 Reasons for Disinheritance of Parents or Ascendants (Article 920):

1. Abandonment or encouragement of immoral behavior in children.
2. Attempt against the life of the testator or family members.
3. False accusation of a serious crime against the testator.
4. Conviction of adultery or concubinage with the testator’s spouse.
5. Coercion or manipulation leading to the creation or alteration of the will.
6. Loss of parental authority under the specified Code.
7. Unjustifiable refusal to support the disinheriting child or descendant.
8. Attempt by one parent against the life of the other unless there’s reconciliation.

 

Reasons for Disinheritance of Spouses (Article 921):

1. Attempt against the life of the testator or family members.
2. False accusation of a serious crime against the testator.
3. Coercion or manipulation leading to the creation or alteration of the will.
4. Grounds for legal separation.
5. Grounds for loss of parental authority.
6. Unjustifiable refusal to support children or the other spouse.

 

3. The will must specify the cause:

The reasons for disinheritance must be explicitly mentioned in the holographic or notarial will.

4. It must be unconditional:

Disinheritance cannot be subject to conditions; it must be straightforward and without contingencies.

5. It must be total:

If disinheriting, it applies to the entire inheritance, not just a portion.

6. The cause must be true:

The person making the disinheritance claim must prove the truth of the specified cause. The burden of proof lies with the heirs if the disinherited party contests it.

7. If the truth is denied, it must be proved by the proponent:

If the disinherited heir denies the truth of the cause, the party claiming disinheritance must provide evidence to support their assertion.

 

In summary, for a disinheritance to be valid, it must be stated clearly in a legally accepted will, be based on legally recognized grounds, explicitly mention the cause, be unconditional and total, and the truth of the cause must be proven, with the burden of proof falling on the party asserting the disinheritance.

 

Read also:

MAY AN HEIR BE DISINHERITED? (Part I)

MAY AN HEIR BE DISINHERITED? (Part II)

MAY AN HEIR BE DISINHERITED (Part III)

 

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

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