Disinheritance

• Causes of Vacancy in Succession

  1. Disinheritance
  2. Repudiation
  3. Incapacity/Predecease
• Requisites for the Various Grounds of Disinheritance

  1. Effected only through a Valid Will
  2. Will containing disinheritance must be probated
  3. Disinheritance only occurs in testamentary succession
  4. for a cause expressly stated in the will
  5. cause must be certain and true
  6. total
  7. it must be for a cause expressly stated by law
  8. unconditional
  9. if the truth of the cause is denied, it must be proved by the proponent.
• DISINHERITANCE - Art. 915


  Art. 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law
• DISINHERITANCE - ART. 916


  Art. 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
• DISINHERITANCE - ART. 917


  Art. 917. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it.
• DISINHERITANCE - ART. 918 


  Art. 918. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. 
• ART. 919 -Sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate

  1. When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
  2. When a child or descendant 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 a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
• ART. 919 -Sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate

  4. When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;

  5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
• ART. 919 -Sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate


  6. Maltreatment of the testator by word or deed, by the child or descendant;

  7. When a child or descendant leads a dishonorable or disgraceful life;

  8. Conviction of a crime which carries with it the penalty of civil interdiction.
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919) 


  (1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;

  • final conviction is required
  • it includes all stages of commission of a crime (attempted, frustrated, or consummated
  • felony must be intentional
  • this ground also applies to disinheritance of parents, ascendants, and spouse
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919) 


  (2) When a child or descendant 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

  • includes filing of a complaint before the prosecutor, or presenting incriminating evidence against the testator, or even suppressing exculpatory evidence
  • may be made by the heir in a proceeding as a complainant or witness in a criminal case
  • An acquittal on reasonable doubt will not be a ground of disinheritance.
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919)

  (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator

  • final conviction is required
  • there must be a valid marriage between the spouse and the testator
  • applicable also to disinheritance of parents and ascendants
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919)

  (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919)

  (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant

  • the obligation to support must be proven
  • there must be a need and demand for support
  • also applies to disinheritance of parents, ascendants, and spouses
  • refusal may be justified if obligor does not have enough resources for all whom he is obliged to support. (Art. 200, par. 3)
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919) 




  (6) Maltreatment of the testator by word or deed, by the child or descendant

  • the verbal or physical assault is of a serious nature
  • no conviction is required, no filing of criminal case required
  • By word - slander, offensive language, insult, libel; spoken or written
  • By deed - no need for violence; humiliated testator
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919) 



  (7) When a child or descendant leads a dishonorable or disgraceful life;

  • conduct is habitual
• GROUNDS FOR DISINHERITANCE OF LEGITIMATE OR ILLEGITIMATE CHILDREN AND DESCENDANTS (ART. 919) 


  (8) Conviction of a crime which carries with it the penalty of civil interdiction

  • final conviction is required
  • the accessory penalty of civil interdiction is imposed with the principal penalties of death, reclusion perpetua, and reclusion temporal
• Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:

  (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;
• Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate

  (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;
• Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate

  (6) The loss of parental authority for causes specified in this Code;

  (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.
• GROUNDS FOR DISINHERITANCE OF PARENTS OR ASCENDANTS, LEGITIMATE OR ILLEGITIMATE

  (1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue

  • repeated or total refusal or failure to care for a child
  • parents willfully left the children to fend for themselves
  • not restricted to those instances of abandonment penalized by law
  • inducement - deprivation of parental authority, only applies to female descendants
  • attempt on virtue - no conviction required